Page:Australian Copyright Act 1968 (63 of 1968).pdf/97

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No. 63
Copyright
1968
of all copies of the work sold by him calculated at the rate of ten per centum of the price at which he published the reproduction.

(2.) The regulations may make provision for or in relation to the manner in which, and the times at which, payment of royalties is to be made for the purposes of sub-paragraph (ii) of paragraph (b) of the last preceding sub-section and may include provision requiring payment in advance, or otherwise securing the payment of the royalties.

(3.) Regulations 38 to 42, inclusive, of the Copyright Regulations as in force under the Copyright Act 1912–1966 immediately before the commencement of this Act continue in force for the purposes of this section as if they had been made under this Act, but may be amended or repealed by regulations made under this Act.

(4.) A reference in paragraph (a) of sub-section (1.) of this section to a time after the expiration of a specified number of years from the date of the death of the author of a work shall, in the case of a work of joint authorship, be read as a reference to a time after—

(a) the expiration of the same number of years from the date of the death of the author who died first; or
(b) the date of the death of the author who died last,

whichever is the later.

(5.) Where a literary, dramatic or musical work, or an engraving, in which copyright subsisted at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who died last—

(a) had not been published;
(b) in the case of a dramatic or musical work—had not been performed in public; and
(c) in the case of a lecture—had not been delivered in public,

before that date, sub-section (1.) of this section applies as if the author had died on the date on which—

(d) in the case of a literary work (other than a lecture) or an engraving the work was first published;
(e) in the case of a dramatic or musical work—the work was first published or first performed in public, whichever first happened; or
(f) in the case of a lecture—the lecture was first published or first delivered in public, whichever first happened.

(6.) In this section, 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.