(3.) Sub-section (1.) of this section does not apply in relation to a record where the record is used for the purpose of the broadcasting of the recording by a person who is not the maker of the record unless the maker has paid to the owner of the copyright in the recording such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to him such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the record.
(4.) A person who has given an undertaking referred to in the last preceding sub-section is liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the recording and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.
(5.) Sub-section (1.) of this section does not apply in relation to a record unless, before the expiration of the period of twelve months commencing on the day on which any of the records made in accordance with that sub-section is first used for broadcasting the recording in accordance with that sub-section, or before the expiration of such further period, if any, as is agreed between the maker of the record and the owner of the copyright in the recording, all the records made in accordance with that sub-section are destroyed or are delivered, with the consent of the National Librarian, to the National Library.
Copyright in published recording not infringed by public performance if equitable remuneration paid. 108.—(1.) The copyright in a sound recording that has been published is not infringed by a person who causes the recording to be heard in public if—
- (a) the person has paid to the owner of the copyright in the recording such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to him such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the causing of the recording to be heard in public; and
- (b) in the case of a recording that was first published outside Australia—the recording has been published in Australia or the prescribed period after the date of the first publication of the recording has expired.
(2.) A person who has given an undertaking referred to in the last preceding sub-section is liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the recording and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.
(3.) Regulations prescribing a period for the purposes of paragraph (b) of sub-section (1.) of this section may prescribe different periods in relation to different classes of sound recordings.
