Page:Australian Copyright Act 1968 (63 of 1968).pdf/26

 1968 53. Where an article, thesis or other literary, dramatic or musical work is accompanied by artistic works provided for the purpose of explaining or illustrating the article, thesis or other work (in this section referred to as “the illustrations”), the preceding sections of this Division apply as if—
 * (a) where any of those sections provides that the copyright in the article, thesis or work is not infringed-the reference to that copyright included a reference to any copyright in the illustrations;
 * (b) a reference in section 49, section 50 or section 51 to a copy of the article, thesis or work included a reference to a copy of the article, thesis or work together with a copy of the illustrations;
 * (c) a reference in section 49 or section 50 to a copy of a part of the article or work included a reference to a copy of that part of the article or work together with a copy of the illustrations that were provided for the purpose of explaining or illustrating that part; and
 * (d) a reference in section 52 to the doing of any act in relation to the work included a reference to the doing of that act in relation to the work together with the illustrations.

Division 6.—Recording of Musical Works.

54.—(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.

55.—(1.) Subject to this Division, the copyright in a musical work is not infringed by a person (in this section referred to as “the manufacturer”) who makes, in Australia, a record of the work if—