Page:Australian Copyright Act 1968 (63 of 1968).pdf/88

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1968
Copyright
No. 63

(4.) A licence granted in respect of a copyright by the owner of the copyright binds every successor in title to the interest in the copyright of the grantor of the licence to the same extent as the licence was binding on the grantor.

Prospective ownership of copyright. 197.—(1.) Where, by an agreement made in relation to a future copyright and signed by or on behalf of the person who would, apart from this section, be the owner of the copyright on its coming into existence, that person purports to assign the future copyright (wholly or partially) to another person (in this sub-section referred to as “the assignee”), then if, on the coming into existence of the copyright, the assignee or a person claiming under him would, apart from this sub-section, be entitled as against all other persons to have the copyright vested in him (wholly or partially, as the case may be), the copyright, on its coming into existence, vests in the assignee or his successor in title by force of this sub-section.

(2.) Where, at the time when a copyright comes into existence, the person who, if he were then living, would be entitled to the copyright is dead, the copyright devolves as if it had subsisted immediately before his death and he had then been the owner of the copyright.

(3.) A licence granted in respect of a future copyright by the prospective owner of the copyright binds every successor in title to the prospective interest in the copyright of the grantor of the licence to the same extent as the licence was binding on the grantor.

Copyright to pass under will with unpublished work. 198. Where under a bequest, whether specific or general, a person is entitled, beneficially or otherwise, to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless a contrary intention appears in the testator’s will, be read as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

Reception of broadcasts. 199.—(1.) Where the inclusion in a television broadcast or sound broadcast of a reading or recitation of an extract from a published literary or dramatic work, or from an adaptation of such a work, does not constitute an infringement of the copyright in the work, a person who, by the reception of the broadcast, causes the work or adaptation to be performed in public does not, by doing so, infringe the copyright in the work.

(2.) A person who, by the reception of a television broadcast or sound broadcast, causes a sound recording to be heard in public does not, by doing so, infringe the copyright, if any, in that recording under Part IV.

(3.) A person who, by the reception of an authorized television broadcast, causes a cinematograph film to be seen or heard in public shall be treated, in any proceedings for infringement of the copyright, if any, in the film under Part IV., as if he had been the holder of a licence granted by the owner of that copyright to cause the film to be seen or heard in public by the reception of the broadcast.