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- (b) the commissioned work is a photograph, a portrait or an engraving; and
- (c) Y requires the commissioned work for any particular purpose,
that purpose must be communicated to X and X is entitled to restrain the doing, otherwise than for that particular purpose, of any act comprised in the copyright in the commissioned work.
(5) Where—
- (a) the agreement was made before 10 April 1987; and
- (b) the commissioned work is a sound recording,
the first owner of any copyright in the recording is the person who would be the first owner under the law applicable when the agreement was made.
(6) Subsections (3), (4) and (5) are subject to any contrary intention in—
- (a) any written agreement made between X and Y on or after the appointed day; or
- (b) any agreement made between X and Y before the appointed day.
(7) In this section—
- (a) where the agreement mentioned in subsection (1)(a) was made before 10 April 1987, “photograph” includes photo-lithograph and a work produced by a process similar to photography; and
- (b) “commissioned work” means a work mentioned in subsection (1)(b).
First owner—Government and prescribed international organisations
136.—(1) Despite subsections (3) and (4) and sections 133, 134 and 135, the Government is the first owner of—
