Division 3.—Subject-Matter, other than Works, in which Copyright Subsists.
Bound recordings in which copyright subsists. 89.—(1.) Subject to this Act, copyright subsists in a sound recording of which the maker was a qualified person at the time when the recording was made.
(2.) Without prejudice to the last preceding sub-section, copyright subsists, subject to this Act, in a sound recording if the recording was made in Australia.
(3.) Without prejudice to the last two preceding sub-sections, copyright subsists, subject to this Act, in a published sound recording if the first publication of the recording took place in Australia.
Cinematograph films in which copyright subsists. 90.—(1.) Subject to this Act, copyright subsists in a cinematograph film of which the maker was a qualified person for the whole or a substantial part of the period during which the film was made.
(2.) Without prejudice to the last preceding sub-section, copyright subsists, subject to this Act, in a cinematograph film if the film was made in Australia.
(3.) Without prejudice to the last two preceding sub-sections, copyright subsists, subject to this Act, in a published cinematograph film if the first publication of the film took place in Australia.
Television broadcasts and sound broadcasts in which copyright subsists. 91. Subject to this Act, copyright subsists—
- (a) in a television broadcast made from a place in Australia by―
- (i) the Australian Broadcasting Commission;
- (ii) the holder of a licence for a television station; or
- (iii) any prescribed person, being a person who is, at the time when the broadcast is made, the holder of a wireless telegraphy licence; and
- (b) in a sound broadcast made from a place in Australia by―
- (i) the Australian Broadcasting Commission;
- (ii) the holder of a licence for a broadcasting station; or
- (iii) any prescribed person, being a person who is, at the time when the broadcast is made, the holder of a wireless telegraphy licence.
Published editions of works in which copyright subsists. 92.—(1.) Subject to this Act, copyright subsists in a published edition of a literary, dramatic, musical or artistic work, or of two or more literary, dramatic, musical or artistic works, where—
- (a) the first publication of the edition took place in Australia; or
- (b) the publisher of the edition was a qualified person at the date of the first publication of the edition.
(2.) The last preceding sub-section does not apply to an edition that reproduces a previous edition of the same work or works.
