Page:Australian Copyright Act 1968 (63 of 1968).pdf/35

 No. 63 (3.) Sub-section (1.) of this section does not apply in relation to a film where a copy of the film is used for the purpose of the inclusion of the work in a television broadcast made by a person who is not the maker of the film unless the maker has paid to the owner of the copyright in the work such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to him such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the film.

(4.) A person who has given an undertaking referred to in the last preceding sub-section is liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.

(5.) Sub-section (1.) of this section does not apply in relation to a film unless, before the expiration of the period of twelve months commencing on the day on which any of the copies of the film is first used for including the work in a television broadcast in accordance with that sub-section, or before the expiration of such further period, if any, as is agreed between the maker of the film and the owner of the copyright in the work, all the copies of the film are destroyed or are delivered, with the consent of the National Librarian, to the National Library.

71. For the purposes of this Act—
 * (a) the making of an object of any kind that is in three dimensions does not infringe the copyright in an artistic work that is in two dimensions; and
 * (b) the making of an object of any kind that is in two dimensions does not infringe the copyright in an artistic work that is in three dimensions,

if the object would not appear to persons who are not experts in relation to objects of that kind to be a reproduction of the artistic work.

72.—(1.) The copyright in an artistic work is not infringed by the making of a later artistic work by the same author if, in making the later work, the author does not repeat or imitate the main design of the earlier work.

(2.) The last preceding sub-section has effect notwithstanding that part of the earlier work is reproduced in the later work and that, in reproducing the later work, the author used a mould, cast, sketch, plan, model or study made for the purposes of the earlier work.

73.—(1.) Where copyright subsists in a building, the copyright is not infringed by a reconstruction of that building.

(2.) Where a building has been constructed in accordance with architectural drawings or plans in which copyright subsists and has been so