Page:Copyright Act 1987.pdf/66

66 :(b) that the doing of such acts as are specified in those regulations, being such acts as the Minister considers convenient for ensuring the receipt by the owner of the copyright of the royalties in respect of records or, if the owner of the copyright cannot be found by reasonable inquiry, as the Minister considers reasonable in the circumstances, is to be deemed to constitute payment of the royalties.

Amount of royalty

57.—(1) Subject to this Division, the royalty payable in respect of a record is 5 per cent of the retail selling price of the record, which shall be determined in the manner prescribed by the regulations.

(2) 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.

(3) If, apart from this subsection, the royalty payable in respect of a record under this section would be less than one cent, that royalty shall be one cent.

Provisions relating to royalty where two or more works are on the one record

58. 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 paragraph (b), 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