Prospective owner of copyright

(1) Where, by an agreement made in relation to any future copyright and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person (in this subsection referred to as “the assignee”), then if, on the coming into existence of the copyright, the assignee or a person claiming under him would be entitled as against all other persons to require the copyright to be vested in him (wholly or partly, as the case may be), the copyright shall, on coming into existence, vest in the assignee or his successor in title by virtue of this subsection. (2) Where, at a time when any copyright comes into existence, the person who, if he were then living, would be entitled to the copyright, is dead, the copyright shall devolve as if it had subsisted immediately before his death and he had then been the owner of the copyright. (3) Section 26 (4) of this Act, shall apply, in relation to a licence granted by a prospective owner of any copyright, as it applies in relation to a licence granted by the owner of a 46 subsisting copyright and as if any reference in that subsection to the owner’s interest in the copyright included a reference to his prospective interest therein.