Page:Australian Copyright Act 1968 (63 of 1968).pdf/29

 No. 63 (3.) A reference in the last preceding sub-section to the label of a record shall be read as including a reference to the label on the container of the record.

(4.) If the royalty payable in respect of a record under this section. includes a fraction of a cent that is less than or more than one-half of a cent—
 * (a) where that fraction is less than one-half of a cent—that fraction shall be treated as one-half of a cent; and
 * (b) where that fraction is more than one-half of a cent—that fraction shall be treated as a whole cent.

(5.) If, apart from this sub-section, the royalty payable in respect of a record under this section would be less than One cent, that royalty is One cent.

57. Where a record comprises two or more musical works, whether or not there is any other matter comprised in the record—
 * (a) if the record includes a work in which copyright does not subsist or works in which copyrights do not subsist-the royalty payable in respect of the record is, subject to the next succeeding paragraph, the amount that bears to the amount that, but for this section, would be the amount of the royalty the same proportion as the number of works in the record in which copyrights subsist bears to the total number of works in the record; and
 * (b) if the record includes two or more works in which copyrights subsist—
 * (i) subject to this Division, the royalty payable in respect of the record shall not be less than One cent in respect of each work in the record in which copyright subsists; and
 * (ii) if the owners of the copyrights in the works in the record in which copyrights subsist are different persons-there shall be paid to the owner of the copyright in each work, in respect of that work, an amount ascertained by dividing the amount of the royalty payable in respect of the record by the number of works in the record in which copyrights subsist.

58.—(1.) If at any time after the expiration of one year after the commencement of this Act it appears to the Attorney-General that the royalty, or the minimum royalty, payable in respect of records generally or in respect of records included in a particular class of records is not equitable, he may request the Copyright Tribunal to hold an inquiry into the matter and report the result of its inquiry to the Attorney-General.

(2.) At any time after the Tribunal has made a report in relation to the royalty, or the minimum royalty, payable in respect of records generally or in respect of records included in a particular class of records,