On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 28/03/2013.
PART XIV
TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004
262. In this Part —
“appointed day” means 1st July 2004**;
* Date of commencement of section 2(a), (b), (g) and (h) of the Intellectual Property (Miscellaneous Amendments) Act 2004 (Act 21 of 2004).
“performance” has the same meaning as in section 246.
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263.
—(1) Copyright shall not subsist by virtue of Part III in any work first published before the appointed day unless copyright subsisted in that work immediately before that day under that Part in force immediately before that day.
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(2) Section 212 shall not apply in relation to any photograph first taken before 10th April 1987 unless copyright subsisted in that photograph immediately before the appointed day under Part III and that section in force immediately before that day.
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264.
—(1) Copyright shall not subsist by virtue of Part IV in any sound recording or cinematograph film first published before the appointed day unless copyright subsisted in such recording or film immediately before that day under that Part in force immediately before that day.
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(2) Section 219(4) shall not apply in relation to any sound recording made before 10th April 1987 unless copyright subsisted in that recording immediately before the appointed day under sections 87(1) or (3) and 219(4) in force immediately before that day.
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265. Copyright shall not subsist by virtue of section 185 in any work, sound recording or cinematograph film first published before the appointed day unless copyright subsisted in such work, recording or film immediately before that day under that section in force immediately before that day.
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266.
—(1) Subject to subsections (2), (3) and (4), copyright shall not subsist by virtue of section 197 in any literary, dramatic or musical work, sound recording or cinematograph film first published or any artistic work made before the appointed day unless copyright in such work, recording or film subsisted immediately before that day under that section in force immediately before that day.
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(2) Copyright shall not subsist by virtue of section 197 in any photograph taken before 10th April 1987 unless copyright subsisted in that photograph immediately before that day under that section, as modified by section 231, in force immediately before that day.
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(3) Copyright shall not subsist by virtue of section 197 in any sound recording made before 10th April 1987 unless copyright subsisted in that recording immediately before the appointed day under that section, as modified by section 232, in force immediately before that day.
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(4) Copyright shall not subsist by virtue of section 197 in any cinematograph film made before 10th April 1987 unless copyright subsisted in that film immediately before the appointed day under that section in force immediately before that day in accordance with section 233.
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267. Part XII shall not apply to a performance given before the appointed day unless the period beginning on the day when the performance was given and ending on the appointed day is less than the protection period as defined in section 246(1) in force immediately before the appointed day.
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