S.I. No. 58/1927 - Copyright Regulations, 1927.

STATUTORY RULES AND ORDERS, 1927. No. 58.

COPYRIGHT REGULATIONS, 1927.

The Minister for Industry and Commerce in pursuance of the powers conferred by Sections 156 , 169 and 178 of the Industrial and Commercial Property (Protection) Act, 1927 hereby makes the following regulations:—

1 Short title and commencement.

1. These regulations may be cited as The Copyright Regulations, 1927 and shall come into operation when Parts VI and VII of the Industrial and Commercial Property (Protection) Act, 1927 , come into operation.

2 Notice under Section 156

2. The notice required by Section 156 of the Act shall contain the following particulars:

(a) the name and address of the person intending to reproduce the work;

(b) the name of the work which it is intended to reproduce and (if necessary) a description sufficient to identify it;

(c) the manner in which it is intended to reproduce the work (e.g., whether by printing, lithography, photography, etc.);

(d) the price or prices at which it is intended to publish the work; and

(e) the earliest date at which any of the copies will be delivered to a purchaser.

3 Notice under Section 169 (2).

3. The notice required by Section 169 (2) of the Act shall contain the following particulars:

(a) the name and address of the person intending to make the contrivances;

(b) the name of the musical work which it is intended to reproduce and of the author (if known), and (if necessary) a description sufficient to identify the musical work.

(c) the class of contrivance on which it is intended to reproduce the musical work (e.g., whether discs, cylinders or music rolls);

(d) the ordinary retail selling prices of the contrivances, and the amount of the royalty payable on each contrivance in respect of the musical work;

(e) the earliest date at which any of the contrivances will be delivered to a purchaser; and

(f) whether any other work is to be reproduced on the same contrivance with the musical work specified in accordance with paragraph (b).

4 Service of notices.

4. The notice under Section 156 shall be given not less than one month before any copies of the work are delivered to a purchaser and that under Section 169 (2) not less than ten days before any contrivances on which a musical work is reproduced are delivered to a purchaser and shall be sent by registered post to an address within Saorstát Eireann of the owner of the copyright or of his agent for the receipt of notice if such an address is known or can with reasonable diligence be ascertained and in any other case shall be advertised in Iris Oifigiùil.

Any such advertisement shall give the particulars required by paragraphs (a) and (b) of Regulation 2 or Regulation 3 whichever shall apply, and shall state an address from which a copy of the notice as described in the Regulation may be obtained.

5 Inquiries under Section 169.

5. The appointed inquiries referred to in Section 169 (5) of the Act shall contain:

(a) a statement of the name of the musical work in question and of the author (if known) and, if necessary, a description sufficient to identify the work;

(b) a statement of the name, address and occupation of the person making the inquiries;

(c) an allegation that a contrivance has previously been made by means of which the musical work may be mechanically performed, with the trade name (if known) and a description of such contrivance; and

(d) an inquiry whether the contrivance so described was made with the consent or acquiescence of the owner of the copyright.

6 Service of inquiries.

6. The inquiries shall be sent by registered post to an address within Saorstát Eireann of the owner of the copyright if such an address is known or can with reasonable diligence be ascertained and in any other case shall be advertised in Iris Oifigiùil.

7 Appointed time for reply.

7. The appointed time for reply to such inquiries shall, if the inquiries are sent by registered post, be seven days after the date when they would in ordinary course of post be delivered or, if advertised in Iris Oifigiùil, be seven days after the date of the advertisement.

8 Method of payment of royalties.

8. Unless otherwise agreed, royalties shall be payable by means of the prescribed labels purchased from the owner of the copyright and affixed to the copies of the work or to the contrivance or in the case of cylinders, if it shall not be reasonably practicable to affix the labels thereto, affixed to a carton or box enclosing the cylinder, and subject to these Regulations no copy of a work and no contrivance shall be delivered to a purchaser unless and until such label has been so affixed.

When royalties are by agreement payable in any other manner the time and frequency of the payment shall be such as are specified in the agreement.

9 Adhesive labels.

9. The prescribed label shall be a square adhesive paper label the side of which shall not exceed three quarters of an inch in length and the design shall be entirely enclosed within a circle. The label shall not bear the representation of any person nor any word, mark nor design likely to suggest that it is issued by or under the authority of the State as denoting a duty payable to the State.

10 Supply of labels.

10. When the person reproducing the work or making the contrivances has given the prescribed notice the owner of the copyright shall send to him in writing by registered post an intimation of some reasonably convenient place within Saorstát Eireann from which the prescribed labels can be obtained and on demand in writing and tender of the price shall supply from such place labels of the required denominations at a price equal to the amount of royalty represented thereby.

11 When labels not available.

11. If in any case in which royalties are payable by means of the prescribed labels the owner of the copyright

(a) shall have failed after the expiration of fourteen days from the date of the prescribed notice under Section 156 or of five days from the date of the prescribed notice under Section 169 (2) to send to the person reproducing the work or making the contrivances the prescribed intimation under Regulation 10: or

(b) refuses or neglects to supply the prescribed labels within similar periods respectively after a demand duly made at any time,

copies of the work or contrivances may be delivered to purchasers without having labels affixed thereto, and the amount of royalties shall be a debt due to the owner of the copyright from the person reproducing the work or making the contrivances, and the latter shall keep an account of all such copies of the work or such contrivances sold by him.

For the purpose of this Regulation " the date of the prescribed notice " means in cases in which the notice is required to be sent by registered post the date when the notice would in ordinary course of post be delivered, and in cases in which the notice is required to be advertised in Iris Oifigiùil the date of the advertisement.

12 Ordinary retail selling price.

12. The ordinary retail selling price of any contrivance in respect of which royalties are payable under Section 169 of the Act shall be calculated at the marked or catalogued price for the sale of single copies to the public, or, if there be no such marked or catalogued selling price, at the highest price at which single copies are ordinarily sold to the public.

13 Delivery of books to libraries.

13. There shall be excepted from the provisions of Section 178 (1) of the Act in its application to the Institutions mentioned therein, excepting University College, Galway, the following publications:

unless in respect of any such publication a written demand for the delivery thereof is made.

Dated this Twenty-sixth day of July, 1927.

GORDON CAMPBELL, Secretary.

Department of Industry and Commerce.