Page:Australian Copyright Act 1968 (63 of 1968).pdf/36

 1968 constructed by, or with the licence of, the owner of that copyright, that copyright is not infringed by a later reconstruction of the building by reference to those drawings or plans. Division 8.—Industrial Designs.

74.—(1.) In this Division, “corresponding design”, in relation to an artistic work, means a design that, when applied to an article, results in a reproduction of that work.

(2.) In this Division—
 * (a) a reference to the scope of the copyright in a registered design is a reference to the aggregate of the things that, by virtue of the Designs Act 1906–1968, the person registered as the owner of the design has the exclusive right to do;
 * (b) a reference to the scope of the copyright in a registered design as extended to all associated designs and articles is a reference to the aggregate of the things that, by virtue of that Act, the person registered as the owner of the design would have had the exclusive right to do if—
 * (i) when that design was registered, there had at the same time been registered every other possible design consisting of that design with modifications or variations not sufficient to alter the nature, or substantially to affect the identity, of that design and the person registered as the owner of that design had been registered as the owner of every such other possible design; and
 * (ii) that design, and every such other possible design, had each been registered in respect of all the articles to which it was capable of being applied; and
 * (c) a reference to the doing of an act in Australia does not include a reference to the doing of the act in a Territory of the Commonwealth to which the Designs Act 1906–1968 does not apply or has not been extended.

75. Subject to the next succeeding section, where copyright subsists in an artistic work and a corresponding design is registered under the Designs Act 1906–1968, it is not an infringement of the copyright in the work—
 * (a) to do anything, while the copyright in the registered design subsists under the Designs Act 1906–1968, that is within the scope of the copyright in the design; or
 * (b) to do anything, after the copyright in the registered design has expired, that, if it had been done while the copyright in the design subsisted, would have been within the scope of that copyright as extended to all associated designs and articles.

76.—(1.) This section has effect where—
 * (a) copyright subsists in an artistic work and proceedings are brought under this Act in relation to that work;