45
It follows that if the substituted para (c) of the defini¬
tion of "artistic work" had been included in the definition
of that expression in the 19 78 Act, there could have been no doubt
that it would have operated retroactively: And the mere
fact that it was substituted by amendment in 1983 cannot
have a different result.
Butt's counsel did not quarrel with submission
(b).
Clearly any copying by Schultz before 17 October
1983 was not an infringement because prior to that date
no copyright existed in respect
of works of craftmanship
of a technical nature, and there is nothing in the 1983
amendment which makes conduct unlawful which was lawful
when it was committed.
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