No. 111/1934:

COPYRIGHT (FEDERATED MALAY STATES) ORDER, 1934.

COPYRIGHT (FEDERATED MALAY STATES) ORDER, 1934.

WHEREAS it is enacted by section 175 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), that the Governor-General may by order made on the advice of the Executive Council direct that Part VI of that Act shall apply—

(a) to works first published in a British dominion or a foreign country to which the order relates, in like manner as if they were first published within Saorstát Eireann;

(b) to literary, dramatic, musical, and artistic works the authors whereof were at the time of making the work subjects or citizens of a British dominion or a foreign country to which the order relates, in like manner as if the authors were citizens of Saorstát Eireann;

(c) in respect of residence in a British dominion or a foreign country to which the order relates in like manner as if such residence were residence within Saorstát Eireann,

and that thereupon, subject to the provisions of the said Part VI of the said Act and of the order, the said Act shall apply accordingly:

AND WHEREAS it is provided by the said section of the said Act that before making an order under that section in respect of a British dominion or a foreign country (other than a dominion or country with which a convention relating to copyright and binding on Saorstát Eireann exists) the Governor-General acting on the advice of the Executive Council shall be satisfied that that British dominion or foreign country has made, or has undertaken to make, such provisions, if any, as it appears to the Governor-General acting on the advice of the Executive Council expedient to require for the protection of works entitled to copyright under the provisions of the said Part VI of the said Act:

AND WHEREAS it is further provided by the said section 175 of the said Act that, in applying the provisions of the said Part VI of the said Act as to existing works, an order under that section may make such modifications as appear necessary:

AND WHEREAS no convention relating to copyright and binding on Saorstát Eireann exists with the Federated Malay States, and the Governor-General acting on the advice of the Executive Council is satisfied that the Federated Malay States have made, or have undertaken to make, such provisions as it appears to the Governor-General acting on the advice of the Executive Council expedient to require for the protection of works entitled to copyright under the provisions of the said Part VI of the said Act:

NOW I, Domhnall Ua Buachalla, Governor-General of the Irish Free State, on the advice of the Executive Council and in exercise of the powers conferred on me by the said section 175 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), and of every and any other power me in this behalf enabling, do hereby order and direct as follows, that is to say—

1. This Order may be cited for all purposes as the Copyright (Federated Malay States) Order, 1934.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in the like manner as it applies to the interpretation of an Act of the Oireachtas.

3. Part VI of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 (No. 13 of 1929), shall, subject to the provisions of this Order, apply—

(a) to works first published after the 6th day of December, 1921 (whether before or after the date of this Order) in the Federated Malay States in like manner as if such works were first published after the said date in Saorstát Eireann;

(b) to literary, dramatic, musical, and artistic works made after the 6th day of December, 1921 (whether before or after the date of this Order) the authors whereof were at the time of the making of the work subjects or citizens of the Federated Malay States in like manner as if such authors were at such time citizens of Saorstát Eireann;

(c) in respect of residence after the 6th day of December, 1921 (whether before or after the date of this Order) in the Federated Malay States in like manner as if such residence were residence within Saorstát Eireann.

4. Where a person has, before the date of this Order, done any act or thing either—

(a) in connection with reproduction or performance, in a manner which was lawful when such act or thing was done, of a work to which this Order applies but which was made before the date of this Order, or

(b) for the purpose of or with a view to the reproduction or performance, at a time when such reproduction or performance would have been lawful if this Order had not been made, of a work to which this Order applies but which was made before the date of this Order,

and, in either case, has by the doing of such act or thing, incurred any liability or expenditure, the making of this Order shall not diminish or prejudice any right or interest arising from or in connection with the doing of such act or thing and subsisting at the date of this Order unless the person entitled by virtue of this Order to restrain such reproduction or performance agrees to pay to the person entitled to such right or interest such compensation for the loss of such right or interest as may be agreed upon between such persons or, in default of such agreement, shall be determined by arbitration.

DOMHNALL UA BUACHALLA,

Governor-General.

DUBLIN.

This 13th day of April, 1934.