Page:Copyright Amendment Act 1992 from Government Gazette.djvu/5



“ ‘performance’ includes any mode of visual or acoustic presentation of a work, including any such presentation by the operation of a loudspeaker, a radio, television or diffusion receiver or by the exhibition of a cinematograph film or by the use of a record or by any other means, and in relation to lectures, [addresses] speeches and sermons, includes delivery thereof; and references to ‘perform’ in relation to a work [or an adaptation of a work] shall be construed accordingly: Provided that ‘performance’ shall not include broadcasting or rebroadcasting or transmitting a work in a diffusion service;”;

by the substitution for the definition of “plate” of the following definition: “ ‘plate’ includes any stereotype, stone, block, mould, matrix, transfer, negative [or other similar appliance], record, disc, storage medium or any version of a work of whatsoever nature used to make copies ;”;

by the substitution for the definition of “programme” of the following definition: “ ‘programme’, in relation to a programme-carrying [signals] signal, means a body of live or recorded material consisting of images or sounds or both, embodied in a [signals] signal [emitted for the purpose of ultimate distribution];”;

by the insertion after the definition of “programme” of the following definition: “ ‘programme-carrying signal’ means a signal embodying a program which is emitted and passes through a satellite; ”;

by the substitution for the definition of “sound recording” of the following definition: “ ‘sound recording’ means [the direct exclusively aural] any fixation of sounds [of a performance or of other sounds] capable of being reproduced, but does not include a sound-track associated with a cinematograph film;”;

by the insertion after the definition of “this Act” of the following definition: “ ‘work’ a work contemplated in section 2; ”; and

by the addition of the following subsections: “ (4) Notwithstanding the provisions of paragraph (i) of the definition of “author” in subsection (1), the author of a computer program made before the date of commencement of the Copyright Amendment Act, 1992, shall be deemed to be the person who first made or created the program, but if such computer program is original and has been published by a qualified person, such person shall be presumed to be the owner of the copyright subsisting in the computer program concerned, unless the contrary is proved.

(5) For the purposes of this Act the following provisions shall apply in connection with the publication of a work:

Subject to paragraph (e), a work shall be deemed to have been published if copies of such work have been issued to the public with the consent of the owner of the copyright in the work in sufficient quantities to reasonably meet the needs of the public, having regard to the nature of the work.

Publication of a cinematograph film or sound recording is the sale, letting, hire or offer for sale or hire, of copies thereof.

A publication shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere within a period of 30 days.

Publication shall not include―

a performance of a musical or dramatic work, cinematograph film or sound recording;

a public delivery of a literary work;

a transmission in a diffusion service;