Page:Copyright Amendment Act 1992 from Government Gazette.djvu/4



“ ‘distributor’, in relation to a programme-carrying [signals] signal, means the person who decides that the transmission of the derived signal to the general public or any section thereof shall take place;”;

by the substitution for the definition of “emitted signal” of the following definition: “ ‘emitted signal’ means a [programme-carrying] signal which goes to [or passes through] a satellite;”;

by the substitution for the definition of “infringing copy” of the following definition: “ ‘infringing copy’, in relation to―

a literary, musical or artistic work or a published edition, means a [reproduction] copy thereof;

a sound recording, [or a substantial part thereof] means a record embodying that recording;

a cinematograph film, means a copy of the film or a still photograph made therefrom ; [and]

a broadcast, means a cinematograph film of it or a copy of a cinematograph film of it or a sound recording of it or a record embodying a sound recording of it or a still photograph [or an individual image or a copy of a still photograph] made therefrom; and

a computer program, means a copy of such computer program,

being in any such case an article the making of which constituted an infringement of the copyright in the work, recording, cinematograph film, [or] broadcast or computer program or, in the case of an imported article, would have constituted an infringement of that copyright if the article had been made in the Republic;”;

by the deletion of the definition of “licence”;

by the substitution for the definition of “licence scheme” of the following definition: “ ‘licence scheme’, for the purposes of Chapter 3, in relation to licences of any description, means a scheme prepared by one or more licensing bodies, setting out the classes of cases in which they are willing, or the person on whose behalf they act is willing, to grant licenses of that description, and the charges, if any, and terms and conditions subject to which licences may be granted in those classes of cases, and includes anything in the nature of such a scheme, whether described as a scheme or as a tariff or by any other name;”;

by the deletion of the definition of “licensing body”;

by the substitution for the definition of “literary work” of the following definition: “ ‘literary work’ includes, irrespective of literary quality and in whatever mode or form expressed―

novels, stories and poetical works;

dramatic works, stage directions, cinematograph film scenarios and broadcasting scripts;

textbooks, treatises, histories, biographies, essays and articles;

encyclopaedias and dictionaries;

letters, reports and memoranda;

lectures, [addresses] speeches and sermons; and

[written] tables and compilations,

but shall not include a computer program ;”;

by the insertion after the definition of “Minister” of the following definition: “ ‘musical work’ means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music; ”;

by the substitution for the definition of “performance” of the following definition: