- (b) an answer to those inquiries is not received within the prescribed period,
a record of that musical work, or a record of that work in which those words were sung or spoken, as the case may be, shall, for the purposes of the application of this Division—
- (c) in relation to the person who made the inquiries; or
- (d) in relation to a person who makes records of the musical work, or records of that work in which those words or substantially the same words are sung or spoken, for the purpose of supplying those records to the person who made the inquiries in pursuance of an agreement entered into between those persons for the making of the records,
be taken to have been previously made in, or imported into, Australia with the licence of the owner of that copyright for the purpose of retail sale or for use in making other records for the purpose of retail sale, as the case may be.
Application of Division in relation to record of part of a work. 62.—(1.) Subject to the next succeeding sub-section, the preceding sections of this Division apply in relation to a record of a part of a musical work in like manner as they apply in relation to a record of the whole of the work.
(2.) Sub-section (1.) of section 55 of this Act—
- (a) does not apply in relation to a record of the whole of a work unless the previous record referred to in paragraph (a) of that sub-section was a record of the whole of the work; and
- (b) does not apply in relation to a record of a part of a work unless that previous record was a record of, or comprising, that part of the work.
Application of Division in relation to musical works published before 1 July 1912. 63.—(1.) Subject to this section, the preceding sections of this Division apply in relation to musical works published before the first day of July, One thousand nine hundred and twelve, as if paragraph (a) and sub-paragraph (i) of paragraph (d) of sub-section (1.), and sub-sections (3.) and (4.), of section 55, paragraph (d) of sub-section (1.) of section 59, section 61 and sub-section (2.) of section 62 of this Act were omitted.
(2.) This section does not extend the operation of section 59 of this Act to a record in respect of which a requirement specified in paragraph (d) of sub-section (1.) of that section has not been complied with unless the words comprised in the record, as well as the musical work, were published before the first day of July, One thousand nine hundred and twelve, and were so published as words to be sung to, or spoken incidentally to or in association with, the music.
(3.) This section ceases to have effect at the expiration of two years after the commencement of this Act.
Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by of records. 64. For the purpose of any provision of this Act relating to imported articles, in determining whether the making of a record made outside Australia would have constituted an infringement of copyright if the record had been made in Australia by the importer, sections 55 and 59 the importation of this Act shall be disregarded.
