Page:Australian Copyright Act 1968 (63 of 1968).pdf/25

 No. 63 (2.) Where a manuscript, or a copy, of a thesis or other similar literary work that has not been published is kept in a library of a university or other similar institution, the copyright in the thesis or other work is not infringed by the making of a copy of the thesis or other work by or on behalf of the librarian of the library if the copy is supplied to a person who satisfies the librarian, or a person acting on behalf of the librarian, that he requires the copy for the purpose of research or private study and that he will not use it for any other purpose.

52.—(1.) Where—
 * (a) a published literary, dramatic or musical work (in this section referred to as “the new work”) incorporates the whole or a part of a work (in this section referred to as “the old work”) to which sub-section (1.) of the last preceding section applied immediately before the new work was published;
 * (b) before the new work was published, the prescribed notice of the intended publication of the work had been given; and
 * (c) immediately before the new work was published, the identity of the owner of the copyright in the old work was not known to the publisher of the new work,

then, for the purposes of this Act, the first publication of the new work, and any subsequent publication of the new work whether in the same or in an altered form, shall, in so far as it constitutes a publication of the old work, be deemed not to be an infringement of the copyright in the old work. or an unauthorized publication of the old work.

(2.) The last preceding sub-section does not apply to a subsequent publication of the new work incorporating a part of the old work that was. not included in the first publication of the new work unless—
 * (a) sub-section (1.) of the last preceding section would, but for this section, have applied to that part of the old work immediately before that subsequent publication;
 * (b) before that subsequent publication, the prescribed notice of the intended publication had been given; and
 * (c) immediately before that subsequent publication, the identity of the owner of the copyright in the old work was not known to the publisher of that subsequent publication.

(3.) Where a work, or a part of a work, has been published and, by virtue of this section, the publication is to be deemed not to be an infringement of the copyright in the work, the copyright in the work is not infringed by a person who, after that publication took place, broadcasts, causes to be transmitted to subscribers to a diffusion service, performs in public, or makes a record of, the work or that part of the work, as the case may be.