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28 2000


Chapter 21

Anonymous Works

Works of folklore.

197. —(1) Where, in the case of an anonymous work which has not been lawfully made available to the public, there is evidence that the author (or, in the case of a work of joint authorship, any of the authors) complied with the requirements for copyright protection specified in section 182 by having a connection with a country, territory, state or area other than the State, it shall be presumed until the contrary is proved that copyright subsists in the work.

(2) Where, under the law of a country, territory, state or area, a body is appointed to protect and enforce copyright in a work referred to in subsection (1), the Minister may by order designate that body for the purposes of this section.

(3) A body designated by order under subsection (2) shall be recognised in the State as having authority to protect and enforce copyright in a work referred to in subsection (1) in the place of the owner of the copyright, other than the authority to assign the copyright in the work and the body may bring proceedings relating to copyright in its own name.

(4) This section shall not apply where there has been an assignment of the copyright in a work by the author of which notice has been given to the designated body, and nothing in this section affects the validity of an assignment of copyright made, or licence granted, by the author or a person lawfully claiming under him or her.