Page:Australian Copyright Act 1968 (63 of 1968).pdf/31

 No. 63 ::(iii) has previously been made in, or imported into, a country other than Australia for the purpose of retail sale, being a country that, at the time of the previous making or importation, was specified in the regulations to be a country in relation to which this Division applies, and was so made or imported by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the literary or dramatic work; or
 * (iv) has previously been made in a country other than Australia for use in making other records for the purpose of retail sale, being a country that, at the time of the previous making, was specified in the regulations to be a country in relation to which this Division applies, and was so made by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the literary or dramatic work; and
 * (e) the like notice was given to the owner of the copyright in the literary or dramatic work as is required by paragraph (b) of sub-section (1.) of section 55 of this Act to be given to the owner of the copyright (if any) in the musical work and there is paid to the owner of the copyright in the literary or dramatic work such amount (if any) as is ascertained in accordance with this section,

the making of the record does not constitute an infringement of the copyright in the literary or dramatic work.

(2.) Where copyright does not subsist in the musical work, the amount to be paid in respect of the literary or dramatic work is an amount equal to the royalty that, but for this section, would have been payable in respect of the musical work if copyright had subsisted in the musical work.

(3.) Where copyright subsists in the musical work as well as in the literary or dramatic work—
 * (a) if the copyrights in those works are owned by the same person—an amount is not payable in respect of the literary or dramatic work; or
 * (b) if the copyrights in those works are owned by different persons—the royalty that, but for this section, would have been payable in respect of the musical work shall be apportioned between them in such manner as they agree, or, in default of agreement, as is determined by the Copyright Tribunal on the application of either of them.

(4.) Where the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work do not agree on the manner in which an amount is to be apportioned between them but the