1968
Copyright
No. 63
cinematograph film) if the sale or supply is made after the expiration of the prescribed period after the earliest of the following dates:—
- (a) the date of the first making in, or the date of the first importation into, Australia of a previous record of the work in circumstances referred to in sub-paragraph (i) or sub-paragraph (ii) of paragraph (a) of sub-section (1.) of this section;
- (b) the date of the first supplying (whether by sale or otherwise) to the public in a country referred to in sub-paragraph (iii) or sub-paragraph (iv) of paragraph (a) of sub-section (1.) of this section of a previous record of the work made in, or imported into, that country in circumstances referred to in that sub-paragraph.
(4.) Regulations prescribing a period for the purposes of the last preceding sub-section may prescribe different periods in relation to different classes of records.
(5.) Without limiting the generality of paragraph (d) of sub-section (1.) of this section, regulations made for the purposes of that paragraph may provide―
- (a) that payment of the royalties in respect of records, or of an amount, ascertained in accordance with the regulations, in respect of the royalties in respect of records, is, or is in such classes of cases as are specified in the regulations, to be made before the records are sold or supplied by the manufacturer; and
- (b) that the doing of such acts as are specified in the regulations, being such acts as the Governor-General considers convenient for ensuring the receipt by the owner of the copyright of the royalties in respect of records or, if the owner of the copyright cannot be found by reasonable inquiry, as the Governor-General considers reasonable in the circumstances, is to be deemed to constitute payment of the royalties.
Amount of royalty. 56.—(1.) Subject to this Division, the royalty payable in respect of a record is five per centum of the retail selling price of the record.
(2.) For the purposes of the last preceding sub-section—
- (a) if the selling price to the public of the record is marked by the maker of the record on the label of the record-the retail selling price of the record shall be taken to be that price;
- (b) if the selling price to the public of the record is not so marked but is specified in the appropriate price list issued by the maker of the record the retail selling price of the record shall be taken to be the price so specified; or
- (c) if the selling price to the public of the record is not so marked or specified but other records embodying the same sound recording as, and bearing an identical label to, the record have been sold to the public-the retail selling price of the record shall be taken to be the highest price at which those other records are ordinarily sold to the public in the capital city of a State.
