Page:Australian Copyright Act 1968 (63 of 1968).pdf/17

 No. 63 (4.) In this section, “qualified person” means an Australian citizen, an Australian protected person or a person resident in Australia.

33.—(1.) This section has effect subject to sub-section (2.) of the last preceding section and to the next succeeding section.

(2.) Subject to this section, where, by virtue of this Part, copyright subsists in a literary, dramatic or musical work, or in an artistic work other than a photograph, that copyright continues to subsist until the expiration of fifty years after the expiration of the calendar year in which the author of the work died.

(3.) If, before the death of the author of a literary, dramatic or musical work—
 * (a) the work had not been published;
 * (b) the work had not been performed in public;
 * (c) the work had not been broadcast; and
 * (d) records of the work had not been offered or exposed for sale to the public,

the copyright in the work continues to subsist until the expiration of fifty years after the expiration of the calendar year in which the work is first published, performed in public, or broadcast, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen.

(4.) A reference in the last preceding sub-section to the doing of an act in relation to a work shall be read as including a reference to the doing of that act in relation to an adaptation of the work.

(5.) If, before the death of the author of an engraving, the engraving had not been published, the copyright in the engraving continues to subsist until the expiration of fifty years after the expiration of the calendar year in which the engraving is first published.

(6.) Copyright subsisting in a photograph by virtue of this Part continues to subsist until the expiration of fifty years after the expiration of the calendar year in which the photograph is first published.

34.—(1.) Subject to the next succeeding sub-section, where the first publication of a literary, dramatic or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, the last preceding section does not apply in relation to the work but any copyright subsisting in the work by virtue of this Part continues to subsist until the expiration of the period of fifty years after the expiration of the calendar year in which the work was first published.

(2.) The last preceding sub-section does not apply in relation to a work if, at any time before the expiration of the period referred to in that sub-section, the identity of the author of the work is generally known or can be ascertained by reasonable inquiry.