Page:Australian Copyright Act 1968 (63 of 1968).pdf/18

 1968 35.—(1.) This section has effect subject to Parts VII. and X.

(2.) Subject to this section, the author of a literary, dramatic, musical or artistic work is the owner of any copyright subsisting in the work by virtue of this Part.

(3.) The operation of any of the next three succeeding sub-sections in relation to copyright in a particular work may be excluded or modified by agreement.

(4.) Where a literary, dramatic or artistic work is made by the author in pursuance of the terms of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and is so made for the purpose of publication in a newspaper, magazine or similar periodical, the proprietor is the owner of any copyright subsisting in the work by virtue of this Part in so far as the copyright relates to—
 * (a) publication of the work in any newspaper, magazine or similar periodical;
 * (b) broadcasting the work; or
 * (c) reproduction of the work for the purpose of its being so published or broadcast,

but not otherwise.

(5.) Subject to the last preceding sub-section, where—
 * (a) a person makes, for valuable consideration, an agreement with another person for the taking of a photograph, the painting or drawing of a portrait or the making of an engraving by the other person; and
 * (b) the work is made in pursuance of the agreement,

the first-mentioned person is the owner of any copyright subsisting in the work by virtue of this Part, but, if at the time the agreement was made that person made known, expressly or by implication, to the author of the work the purpose for which the work was required, the author is entitled to restrain the doing, otherwise than for that purpose, of any act comprised in the copyright in the work.

(6.) Where a literary, dramatic or artistic work to which neither of the last two preceding sub-sections applies, or a musical work, is made by the author in pursuance of the terms of his employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of this Part.