person who made the record gives an undertaking in writing to each owner to pay to him the portion of that amount that the Tribunal determines to be payable to him, then—
- (a) paragraph (d) of sub-section (1.) of section 55 of this Act and paragraph (e) of sub-section (1.) of this section have effect as if the payments referred to in those paragraphs had been made; and
- (b) the person who made the record is liable, when the amount to which an undertaking relates is determined, to pay that amount to the owner of the copyright to whom the undertaking was given and the owner may recover that amount in a court of competent jurisdiction from that person as a debt due to the owner.
(5.) Regulations made for the purposes of paragraph (d) of sub-section (1.) of section 55 of this Act in relation to payments to the owner of the copyright in a musical work have the like effect, with any necessary modifications, for the purposes of paragraph (e) of sub-section (1.) of this section in relation to payments to the owner of the copyright in a literary or dramatic work.
Records made partly for retail sale and partly for gratuitous disposal. 60. Where a person makes, in Australia, a number of records embodying the same sound recording, being a recording of a musical work or of a musical work and of words consisting or forming part of a literary or dramatic work, with the intention of—
- (a) selling by retail, or supplying for sale by retail by another person, a substantial proportion of the records (in this section referred to as “the records made for retail sale”); and
- (b) disposing gratuitously of the remainder of the records or supplying the remainder of the records for gratuitous disposal by another person,
this Division applies in relation to the records other than the records made for retail sale as if—
- (c) those records had been made with the intention of selling them by retail or of supplying them for sale by retail by another person;
- (d) the gratuitous disposal of those records by the maker of the records, or the supplying of those records by the maker of the records for gratuitous disposal by another person, were a sale of the records by retail; and
- (e) the retail selling price of those records were the same as the retail selling price of the records made for retail sale.
Making inquiries in relation to previous records. 61. Where—
- (a) a person makes inquiries, as prescribed, for the purpose of ascertaining whether a record of a musical work, or a record of a musical work in which words consisting or forming part of a literary or dramatic work were sung or spoken, has previously been made in, or imported into, Australia by, or with the licence of, the owner of the copyright in the musical work or in the literary or dramatic work, as the case may be, for the purpose of retail sale or for use in making other records for the purpose of retail sale; and
