The Copyright (Falkland Islands) Order 1963

In subsections (1) and (10), for “United Kingdom” there shall be substituted “Falkland Islands”; for subsection (3) there shall be substituted the following:—

“(3)

If at any time the Board of Trade by order made under this subsection in its operation in the law of the United Kingdom prescribe for the purposes of this section, either generally or in relation to any one or more classes of records, any different rate of, or minimum amount of, royalty the provisions of this section shall be construed subject to the provisions of any such order as is for the time being in force.”;

in subsection (4), for paragraph (a) there shall be substituted the following:—

“(a)

the minimum amount of royalty shall be three-farthings in respect of each of those works; and”;

in subsection (11), for the references to the Board of Trade there shall be substituted references to the Governor in Council.

For subsection (5) there shall be substituted the following:—

“(5)

For the purposes of this section a design shall be taken as being applied industrially if it is applied in the circumstances for the time being prescribed by rules made by the Board of Trade under this section and section thirty-six of the Registered Designs Act 1949, as extended by this section in the law of the United Kingdom.”.

For subsection (3) there shall be substituted the following:—

“(3)

Copyright subsisting in a cinematograph film by virtue of this section shall continue to subsist until the film is published and thereafter until the end of the period of fifty years from the end of the calendar year which includes the date of its first publication and shall then expire, or, if copyright subsists in the film by virtue only of the last preceding subsection, it shall continue to subsist as from the date of first publication until the end of the period of fifty years from the end of the calendar year which includes that date and shall then expire.”;

in subsection (8), for “any such film as is mentioned in paragraph (a) of subsection (1) of section thirty-eight of the Films Act 1960 (which relates to newsreels)” there shall be substituted “any film consisting wholly or mainly of photographs which, at the time they were taken, were means of communicating news”; subsection (11) shall be omitted.

In subsections (1) and (6), for “United Kingdom” there shall be substituted “Falkland Islands” ;

for subsection (10) there shall be substituted the following:—

“(10)

An appeal shall lie to the Supreme Court from any order made under the last preceding subsection by a court of summary jurisdiction.”.

In subsection (1), for “the Commissioners of Customs and Excise (in this section referred to as “the Commissioners”)” there shall be substituted “the Collector of Customs” and, subject to the modification in subsection (4) hereinafter specified, for subsequent references in the section to the Commissioners there shall be substituted references to the said Collector;

in subsections (2) and (3), for “United Kingdom” there shall be substituted “Falkland Islands”

in subsection (4), for “the Commissioners” on the first occasion where those words occur, there shall be substituted “the Governor in Council” and for “the Commissioners consider” there shall be substituted “the Governor in Council considers”;

for subsection (6) there shall be substituted the following:—

“(6)

Any fees paid in pursuance of regulations made under this section shall be treated as monies collected on account of the general revenue.”;

in subsection (7), for the references to the Customs and Excise Act 1952 there shall be substituted references to the Customs Ordinance (Cap. 16).

For subsections (2) and (3) there shall be substituted the following subsections:—

“(2)

The tribunal shall be appointed by the Governor in Council, who shall determine the number of members, the conditions of their appointment and the remuneration, if any, to be paid to them;

(3)

The Governor in Council shall make such rules as he thinks expedient to govern the procedure of the tribunal, and in particular, but without prejudice to the generality of the foregoing provisions, shall make rules as to the procedure in connection with the making of references to and application to the tribunal and for regulating proceedings before the tribunal and as to the fees chargeable in respect of those proceedings.”;

subsections (4), (5), (6) and (7) shall be omitted.

In the proviso to subsection (1), for “made under the Fourth Schedule to this Act” there shall be substituted “made by the Governor in Council”;

for subsection (6) there shall be substituted the following:—

“(6)

In this section “the court” means the Supreme Court. ”.

Subsections (1) and (2) shall be omitted;

in subsection (4), for “United Kingdom” there shall be substituted “Falkland Islands” and for “in a country” there shall be substituted “in the United Kingdom or in any country other than the Falkland Islands”.

For subsection (1) there shall be substituted the following:—

“(1)

An organisation to which this section applies is one declared to be such by an Order in Council made under this section as part of the law of the United Kingdom which has been extended, in relation to that organisation, to the Falkland Islands.”.

Subsection (3) shall be omitted;

in subsection (4), for “either of the two last preceding subsections” there shall be substituted “the last preceding subsection” and “or the programme to be transmitted, as the case may be” shall be omitted;

in subsection (5), the references to a work shall be omitted.

For subsection (7) there shall be substituted the following:—

“(7)

In this section—

• “school” means a recognised school as defined in the Education Ordinance (Cap. 22); and

• “duplicating process” means any process involving the use of an appliance for producing multiple copies. ”.

In subsection (1), there shall be added the following definitions:—

• ““Falkland Islands” means the Falkland Islands and its Dependencies;

• “Governor” means the person for the time being lawfully administering the Government of the Falkland Islands;

• “Governor in Council” means the Governor acting with the advice and consent of the Executive Council of the Falkland Islands, but not necessarily acting in such Council assembled nor necessarily in accordance with such advice; ” means the Governor acting with the advice and consent of the Executive Council of the Falkland Islands, but not necessarily acting in such Council assembled nor necessarily in accordance with such advice;

in subsection (4), for “United Kingdom” there shall be substituted “Falkland Islands”.

For subsection (2) there shall be substituted the following:—

“(2)

(a)

Any provision of this Act empowering the Governor in Council to make rules or regulations shall come into operation on the commencement of the Order in Council extending that provision to the Falkland Islands.

(b)

All the other provisions of this Act shall come into operation on 10th October 1963.”;

subsection (3) shall be omitted.