Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 54

Interpretation

  (1A)   In this Division:

"record" means a disc, tape, paper or other device in which sounds are embodied.

  (1)   For the purposes of this Division:

  (a)   a reference to a musical work shall be read as a reference to the work in its original form or to an adaptation of the work;

  (b)   a reference to the owner of the copyright in a literary, dramatic or musical work shall, unless the contrary intention appears, be read as a reference to the person who is entitled to authorize the making in, and the importation into, Australia of records of the work; and

  (c)   a reference to sale of a record by retail or to retail sale of a record shall be read as not including a reference to:

  (i)   sale for a consideration not consisting wholly of money; or

  (ii)   sale by a person not ordinarily carrying on the business of making or selling records.

  (2)   For the purposes of this Division, where a musical work is comprised partly in one record and partly in another record or other records, all the records shall be treated as if they constituted a single record.

  (3)   A reference in this Division to a record of a musical work does not include a reference to a sound - track associated with visual images forming part of a cinematograph film.

  (4)   Subject to subsection   (5), this Division applies to a record of a part of a musical work as it applies to a record of the whole work.

  (5)   Section   55:

  (a)   does not apply to a record of a whole work unless the previous record referred to in paragraph   55(1)(a) was a record of the whole work; and

  (b)   does not apply to a record of a part of a work unless that previous record was a record of that part of the work.

Original form

  (6)   The definition of original form in subsection   10(1) does not apply in this Division.


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