In short
This law ensures that copyrights existing in the former United Kingdom of Great Britain and Ireland on December 5, 1921, continue to be valid in Saorstát Eireann. It clarifies how these copyrights can be transferred and passed on, but prevents legal action for infringements that happened before this Act was passed.
What it regulates
- The continued existence and validity of copyrights in Saorstát Eireann.
- The transfer, dealing with, and devolution of these preserved copyrights.
- The ongoing effect of the Copyright Act, 1911, and related Orders in Saorstát Eireann for specific purposes.
- The prohibition of remedies for copyright infringements that occurred before this Act.
Who it concerns
- Holders of copyrights that existed in the late United Kingdom of Great Britain and Ireland on December 5, 1921.
- Individuals or entities involved in the transfer or inheritance of such copyrights in Saorstát Eireann.
Key points
- All copyrights existing in the late United Kingdom of Great Britain and Ireland on December 5, 1921, under the Copyright Act, 1911, or any Order made under it, are preserved in Saorstát Eireann.
- These preserved copyrights can be transferred, dealt with, or passed on through legal means, as if the Copyright Act, 1911, remained fully in force.
- The Copyright Act, 1911, and its Orders from December 5, 1921, are considered to have full force and effect in Saorstát Eireann, but only as necessary for the preservation and transfer of these copyrights.
- No legal remedy or relief (like damages or injunctions) can be sought for infringements of these copyrights that happened in Saorstát Eireann before the passing of this Act.
📄 Legal text
Copyright (Preservation) Act, 1929
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1929
Copyright (Preservation) Act, 1929
Copyright (Preservation) Act, 1929
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Number 25 of 1929.
COPYRIGHT (PRESERVATION) ACT, 1929.
ARRANGEMENT OF SECTIONS
Section
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.
Act Referred to
Industrial and Commercial Property (Protection) Act, 1927
No. 16 of 1927
Number 25 of 1929.
COPYRIGHT (PRESERVATION) ACT, 1929.
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 Saorstát 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.
Prohibition 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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