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URL: http://www.bailii.org/ie/legis/num_act/1929/0025.html

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Copyright (Preservation) Act, 1929

1929 25

No. 25/1929:

COPYRIGHT (PRESERVATION) ACT, 1929


ARRANGEMENT OF SECTIONS

1 Preservation of pre-Treaty copyrights.

2 Transfer and devolution of pre-Treaty copyrights.

3 Operation of the Copyright Act, 1911, and Orders thereunder.

4 Prohibitation of remedies for past infringements.

5 Short title.


AN ACT TO PRESERVE IN SAORSTÁT EIREANN ALL COPYRIGHTS WHICH WERE SUBSISTING IN THE LATE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND ON THE 5th DAY OF DECEMBER, 1921.

[24th July, 1929.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Preservation of pre-Treaty copyrights.

1.—Every copyright which was subsisting in the late United Kingdom of Great Britain and Ireland on the 5th day of December, 1921, under or by virtue of the Copyright Act, 1911, or any Order made under that Act, shall (notwithstanding anything contained in the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), but subject to the provisions of this Act), subsist and be deemed always to have subsisted in Saorstát Eireann as fully in all respects, whether as to duration, force, effect limitation, obligation, or otherwise howsoever, as the same would have so subsisted if the Copyright Act, 1911, and every Order made thereunder and in force on the 5th day of December, 1921, had always been, now were, and hereafter continued to be in full force and effect in Saorstát Eireann.

Transfer and devolution of pre-Treaty copyrights.

2.—Every copyright by this Act declared to subsist or deemed to have subsisted in Saorstát Eireann shall be and be deemed always to have been since the establishment of Saostát Eireann capable of being transferred or otherwise dealt with by act inter vivos or testamentary disposition and of devolving or otherwise passing by act in the law (whether before or after the passing of this Act) as fully in all respects as the same would have been capable of being so transferred or otherwise dealt with and of so devolving or otherwise passing if the Copyright Act, 1911, and every Order made thereunder and in force on the 5th day of December, 1921, had always been, now were, and hereafter continued to be in full force and effect in Saorstát Eireann.

Operation of the Copyright Act, 1911, and Orders thereunder.

3.—So far as may be necessary for the subsistence in Saorstát Eireann under and in accordance with this Act of the copyrights by this Act declared to subsist or deemed to have subsisted in Saorstát Eireann and for their capability under and in accordance with this Act of being transferred or otherwise dealt with and of devolving or otherwise passing and for no other purpose and no further or otherwise, the Copyright Act, 1911, and every Order made thereunder and in force on the 5th day of December, 1921 shall (notwithstanding anything contained in the Industrial and Commercial Property (Protection) Act, 1927 ) be deemed always to have had, now to have, and hereafter to continue to have full force and effect in Saorstát Eireann.

Prohibitation of remedies for past infringements.

4.—Notwithstanding anything contained in this Act, no remedy or relief, whether by way of damages, injunction, costs, expenses, or otherwise, shall be recoverable or granted in respect or by reason of an infringement in Saorstát Eireann before the passing of this Act of a copyright by this Act declared to subsist or deemed to have subsisted in Saorstát Eireann.

Short title.

5.—This Act may be cited as the Copyright (Preservation) Act, 1929 .




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