Page:Australian Copyright Act 1968 (63 of 1968).pdf/98

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1968
Copyright
No. 63

Division 3.—Subject-Matter other than Works.

Sound recordings. 220.—(1.) Sub-section (1.) of section 89 of this Act applies in relation to sound recordings made before the commencement of this Act as if the reference in that sub-section to a qualified person included a reference to a British subject and to a person domiciled in any part of the Queen’s dominions to which the Copyright Act, 1911 extended.

(2.) Sub-section (2.) of section 89 of this Act does not apply in relation to a sound recording made before the commencement of this Act.

(3.) Section 93 of this Act does not apply in relation to a sound recording made before the commencement of this Act but copyright subsisting in such a recording by virtue of sub-section (1.) or sub-section (3.) of section 89 of this Act continues to subsist until the expiration of fifty years after the expiration of the calendar year in which the recording was made.

Cinematograph films. 221. Copyright does not subsist by virtue of section 90 of this Act in a cinematograph film made before the commencement of this Act.

Application of Act to dramatic works and photographs comprised in cinematograph films. 222.—(1.) Where a cinematograph film made before the commencement of this Act was an original dramatic work as defined by section 204 of this Act, this Act (other than this sub-section) has effect in relation to the film as if the film had been an original dramatic work as defined by section 10 of this Act and the person who was the author of the work for the purposes of the Copyright Act, 1911 shall be deemed to be the author of the work for the purposes of this Act as having effect by virtue of this sub-section.

(2.) This Act has effect in relation to photographs forming part of a cinematograph film made before the commencement of this Act in like manner as it has effect in relation to photographs not forming part of a cinematograph film.

Television broadcasts and sound broadcasts. 223. Copyright does not subsist by virtue of section 91 of this Act in—

(a) a television broadcast or a sound broadcast made before the commencement of this Act; or
(b) a television broadcast or a sound broadcast made after the commencement of this Act that is a repetition of a television broadcast or a sound broadcast made before the commencement of this Act.

Published editions of works. 224. Copyright does not subsist by virtue of section 92 of this Act in a published edition of a work or works where the first publication of the edition took place before the commencement of this Act.

Infringement by importation, sale and other dealings.

225. For the purposes of sections 102 and 103 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