(4.) The operation of any of the next three succeeding sub-sections in relation to a particular work may be excluded or modified by agreement.
(5.) Where, in the case of a work being a photograph, portrait or engraving—
- (a) a person made, for valuable consideration, an agreement with another person for the taking of the photograph, the painting or drawing of the portrait or the making of the engraving by the other person; and
- (b) the work was made in pursuance of the agreement,
the first-mentioned person is the owner of any copyright subsisting in the work by virtue of Part III.
(6.) Where the work was made by the author in pursuance of the terms of his employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of Part III.
(7.) Where the work is a literary, dramatic or artistic work that was made by the author in pursuance of the terms of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and was so made for the purpose of publication in a newspaper, magazine or similar periodical, the author is entitled to restrain the publication of the work otherwise than in a newspaper, magazine or similar periodical.
(8.) In the last three preceding sub-sections, expressions that are defined by section 204 of this Act have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.
Infringement by importation, sale and other dealings. 214. For the purposes of sections 37 and 38 of this Act, the fact that, to the knowledge of a person, the making of an article constituted, or, in the case of an imported article, would, if the article had been made in Australia by the importer of the article, have constituted, an infringement of copyright under the Copyright Act, 1911 has the like effect as if, to the knowledge of that person, the making of the article had constituted, or would, if the article had been made in Australia by the importer, have constituted, as the case may be, an infringement of copyright under this Act.
Recording of musical works. 215.—(1.) Where a record of a work has, before the commencement of this Act, been made by, or with the consent or acquiescence of, the owner of the copyright in the work under the Copyright Act, 1911, Division 6 of Part III, has the like effect as if the record had been made in Australia for the purpose of retail sale and had been so made by, or with the licence of, the person who is entitled, by virtue of this Act, to authorize the making in Australia of records of the work.
(2.) Notwithstanding sub-section (1.) of section 5 of this Act, sub-sections (2) to (7), inclusive, of section 19 of the Copyright Act, 1911 as in force immediately before the commencement of this Act continue to apply in relation to records made before the commencement of this Act