commencement of the regulations or before the commencement of this Act) if, at the time of the first publication of those works, the authors of the works were or are―
- (a) citizens or nationals of a country specified in the regulations, not being at that time persons resident in Australia; or
- (b) in the case of works being sound recordings or cinematograph films bodies incorporated under the law of a country specified in the regulations.
(3.) In making regulations for the purposes of this section, the Governor-General shall have regard to the nature and extent of the lack of protection for Australian works by reason of which the regulations are made.
(4.) In this section—
- “Australian work” means a work the author of which was, at the time when the work was made, a qualified person for the purposes of the relevant provision of this Act;
- “author”, in relation to a sound recording or a cinematograph film, means the maker of the recording or film;
- “the relevant provision of this Act” means―
- (a) in relation to a literary, dramatic, musical or artistic work—section 32 of this Act; and
- (b) in relation to a sound recording or a cinematograph film—Part IV.;
- “work” means a literary, dramatic, musical or artistic work, a sound recording or a cinematograph film.
Application of Act to international organizations. 186.—(1.) Where it appears to the Governor-General that it is desirable that this Act should apply in relation to an organization—
- (a) of which two or more countries, or the Governments of two or more countries, are members; or
- (b) that is constituted by persons representing two or more countries, or representing the Governments of two or more countries,
the regulations may declare that organization to be an international organization to which this Act applies.
(2.) An international organization to which this Act applies that otherwise does not have, or at some material time otherwise did not have, the legal capacities of a body corporate has, and shall be deemed at all material times to have had, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and for the purposes of all legal proceedings relating to copyright.
