- (ii) if it is not proved who owned the photograph when Z died—the photograph was in Z’s possession or custody when Z died.
(5) Subsections (2), (3) and (4) do not apply if the contrary is proved.
Editions of authorial works published by Government before appointed day—no infringement of Government copyright
538.—(1) This section applies where copyright subsists in an edition of an authorial work published before the appointed day, but only by virtue of section 117(1)(b)(ii).
(2) To avoid doubt, no act done before the appointed day is an infringement of that copyright.
Deciding equitable remuneration payable under 1987 Act
539.—(1) This section applies where a person (X) is liable, under a provision of the 1987 Act, to pay equitable remuneration to another person (Y) of an amount to be—
- (a) agreed between X and Y; or
- (b) in default of agreement, to be decided by a Copyright Tribunal constituted under that Act.
(2) For the purposes of X’s liability—
- (a) an agreement between X and Y may be made before, on or after the appointed day; and
- (b) in default of agreement, the amount of equitable remuneration payable by X is to be decided by a Copyright Tribunal constituted under this Act.
(3) For the purposes of section 54(15)(b) of the 1987 Act, the relevant request in writing may be made before, on or after the appointed day.
