Page:Australian Copyright Act 1968 (63 of 1968).pdf/102

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1968
Copyright
No. 63

but nothing in this sub-section shall be taken to apply to the assignment of the copyright in a collective work or a licence to publish a work or a part of a work as part of a collective work.

(5.) In the last preceding sub-section, expressions that are defined by section 204 of this Act have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

(6.) The preceding sub-sections of this section apply in relation to copyright under this Act in a sound recording or in a cinematograph film in like manner as they apply in relation to copyright in a work but a reference in those sub-sections to the copyright under the Copyright Act, 1911 shall—

(a) in the application of those sub-sections in relation to a sound recording—be read as a reference to the copyright under that Act in records embodying the recording; and
(b) in the application of those sub-sections in relation to a cinematograph film—be read as a reference to any copyright under that Act in the film (in so far as it constituted a dramatic work for the purposes of that Act) or in photographs forming part of the film.

Bequests. 240.—(1.) Section 198 of this Act does not apply in relation to a bequest contained in the will of a testator who died before the commencement of this Act.

(2.) Where—

(a) an author has died before the commencement of this Act;
(b) a person has acquired, under the will of the author, the ownership of a manuscript of a work by the author; and
(c) the work—
(i) has not been published;
(ii) in the case of a dramatic or musical work has not been performed in public; and
(iii) in the case of a lecture has not been delivered in public,

the ownership by that person of the manuscript is evidence that that person is the owner of the copyright in the work.

(3.) In the last preceding sub-section, expressions that are defined by section 204 of this Act have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

Delivery of library material to National Library. 241. Section 201 of this Act does not apply in relation to library material published before the commencement of this Act.

Groundless threats of legal proceedings. 242. Section 202 of this Act does not apply in relation to threats made after the commencement of this Act in respect of acts that took place before the commencement of this Act and, notwithstanding section 6 of this Act, section 41A of the Copyright Act 1912–1966 continues to apply in relation to any such threats in like manner as it continues to apply in relation to threats made before the commencement of this Act.