Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 100AE

Ownership of pre - commencement copyright in sound recordings of live performances

Ownership of the copyright

  (1)   On and after the day on which this section commences, all makers of a sound recording of a live performance are owners of any copyright subsisting in the recording by virtue of this Part.

Division of the ownership of the copyright

  (2)   The former owners of the copyright and the new owners of the copyright each own half of the copyright as tenants in common in 2 equal shares.

  (3)   The former owners own their half of the copyright in the same proportions as the whole copyright was owned by them immediately before the commencement of this section.

  (4)   The new owners own their half of the copyright as tenants in common in equal shares.

  (5)   Subsections   (3) and (4) do not limit section   196.

  (6)   Subsection   (3) does not otherwise affect the terms on which the former owners own their half of the copyright.

Copyright to devolve if a new owner is not alive

  (7)   If a new owner is not alive on the day on which this section commences, then, for the purposes of subsections   (2) and (4), that owner is replaced by the person to whom the copyright would have devolved if the new owner had owned the copyright immediately before his or her death. If the copyright would have devolved to more than one person, those persons are to be treated as a single new owner for the purposes of subsections   (2) and (4).


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