Page:Australian Copyright Act 1968 (63 of 1968).pdf/16

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1968
Copyright
No. 63
(ii) to publish the work;
(iii) to perform the work in public;
(iv) to broadcast the work;
(v) to cause the work to be transmitted to subscribers to a diffusion service;
(vi) to make an adaptation of the work;
(vii) to do, in relation to a work that is an adaptation of the first-mentioned work, any of the acts specified in relation to the first-mentioned work in sub-paragraphs (i) to (v), inclusive, of this paragraph; and
(b) in the case of an artistic work, to do all or any of the following acts:―
(i) to reproduce the work in a material form;
(ii) to publish the work;
(iii) to include the work in a television broadcast;
(iv) to cause a television programme that includes the work to be transmitted to subscribers to a diffusion service.

(2.) The generality of sub-paragraph (i) of paragraph (a) of the last preceding sub-section is not affected by sub-paragraph (vi) of that paragraph.

Original works in which copyright subsists. 32.—(1.) Subject to this Act, copyright subsists in an original literary, dramatic, musical or artistic work that is unpublished and of which the author—

(a) was a qualified person at the time when the work was made; or
(b) if the making of the work extended over a period—was a qualified person for a substantial part of that period.

(2.) Subject to this Act, where an original literary, dramatic, musical or artistic work has been published—

(a) copyright subsists in the work; or
(b) if copyright in the work subsisted immediately before its first publication—copyright continues to subsist in the work,

if, but only if—

(c) the first publication of the work took place in Australia;
(d) the author of the work was a qualified person at the time when the work was first published; or
(e) the author died before that time but was a qualified person immediately before his death.

(3.) Notwithstanding the last preceding sub-section but subject to the remaining provisions of this Act, copyright subsists in―

(a) an original artistic work that is a building situated in Australia; or
(b) an original artistic work that is attached to, or forms part of, such a building.