What is a substituted right
510. In this Division, “substituted right” means a right conferred by section 24 of the 1911 Act in place of a right subsisting immediately before 1 July 1912.
No copyright in authorial works made before 1 July 1912 unless there is substituted right
511. Despite sections 516 and 517, sections 109 and 110 (copyright in authorial works) do not confer any copyright on an authorial work made before 1 July 1912 unless a substituted right subsisted in the work immediately before 10 April 1987.
Scope of copyright in dramatic or musical works made before 1 July 1912 depends on scope of substituted right
512.—(1) Where a substituted right in relation to a dramatic or musical work made before 1 July 1912 did not include the sole right to perform the work in public, any copyright subsisting in the work under this Act does not include performing rights.
(2) Where a substituted right in relation to a dramatic or musical work made before 1 July 1912 consisted only of the sole right to perform the work in public, any copyright subsisting in the work under this Act consists only of performing rights.
(3) In this section, “performing rights”, in relation to a dramatic or musical work, means—
- (a) the exclusive right to perform the work, or an adaptation of the work, in public;
- (b) the exclusive right to broadcast the work or an adaptation of the work; and
- (c) the exclusive right to cause the work, or an adaptation of the work, to be in a cable programme service.
