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(3) If—
- (a) copyright subsists in a literary, dramatic or musical work or an engraving at the date of the death of the author (or the death of the joint author of the work who died last); and
- (b) when the author (or joint author) died—
- (i) the work or engraving had not been published;
- (ii) in the case of a dramatic or musical work—the work had not been performed in public; and
- (iii) in the case of a lecture—the lecture had not been delivered in public,
the author (or joint author) is deemed to have died, for the purposes of this section, on the date on which—
- (c) in the case of a literary work (other than a lecture) or an engraving—the work was first published;
- (d) in the case of a dramatic or musical work—the work was first published or first performed in public, whichever first happened; or
- (e) in the case of a lecture—the lecture was first published or first delivered in public, whichever first happened.
(4) Regulations may—
- (a) provide for the manner in which, and the times at which, royalties are to be paid for the purposes of subsection (1)(d); and
- (b) include provision requiring payment in advance, or otherwise securing the payment of those royalties.
(5) In this section, an expression that is defined by section 509 has the meaning given to it by that section and not the meaning, if any, given to it by Part 2.
