Page:Copyright, Its History And Its Law (1912).djvu/425

 BRITISH EMPIRE 393

(including by definition a dramatic or musical work, when printed and published), "whether the author is a British subject or not, which has been printed from type set up in Australia, or plates made there- from, or from plates or negatives made in Australia, in cases where type is not necessarily used, and has . . . been published in Australia before or simultane- ously" (defined as within fourteen days) "with its first publication elsewhere" ; and the copyright term is forty-two years from first publication in Australia or the life of the author or of the last surviving joint author and seven years thereafter, whichever the longer. Performing right and lecturing right subsist separately for a like period from first public perform- ance or delivery in Australia simultaneously with first public performance or delivery elsewhere. But lecturing right ceases if a lecture is published as a book. The author is the first owner of copyright or performing right, except as employed for valuable consideration, and in the latter case may reprint an article from a periodical after one year. Copyright subsists in every artistic work "made in Australia," but the copyright of a portrait or photograph is with the person ordering it.

A dramatic work includes a libretto or lyrical work Dramatic set to music or otherwise, " or other scenic or dramatic *""* musical composition " ; a musical work is defined as "any com- ^°*^ bination of melody and harmony, or either of them, printed, reduced to writing or otherwise graphically produced or reproduced " — which seems to omit mechanical reproductions.

Copyright is a distinct and separable property Perfoiming from performing right or the ownership of an '*sW artistic work, and either right may be separately assigned under any conditions or limitations. Where a dramatic or musical work is published as a book,