PART III.--LITERARY, MUSICAL, AND DRAMATIC COPYRIGHT

{Sidenote: Copyright in books}

13. _Copyright in books._--(1.) The copyright in a book means the exclusive right to do, or authorize another person to do, all or any of the following things in respect of it:--

(_a_) To make copies of it:

(_b_) To abridge it:

(_c_) To translate it:

(_d_) In the case of a dramatic work, to convert it into a novel or other non-dramatic work:

(_e_) In the case of a novel or other non-dramatic work, to convert into a dramatic work: and

(_f_) In the case of a musical work, to make any new adaptation, transposition, arrangement, or setting of it, or of any part of it, in any notation.

(2.) Copyright shall subsist in every book, whether the author is a British subject or not, which has been printed from type set up in Australia, or plates made therefrom, or from plates or negatives made in Australia in cases where type is not necessarily used, and has, after the commencement of this Act, been published in Australia, before or simultaneously with its first publication elsewhere.

{Sidenote: Performing right}

14. _Performing right in dramatic and musical works._--

(1.) The performing right in a dramatic or musical work means the exclusive right to perform it, or authorise its performance in public.

(2.) Performing right shall subsist in every dramatic or musical work, whether the author is a British subject or not, which has, after the commencement of this Act, been performed in public in Australia, before or simultaneously with its first performance in public elsewhere.

{Sidenote: Lecturing right}

15. _Lecturing right in lectures._--(1.) The lecturing right in a lecture means the exclusive right to deliver it, or authorise its delivery, in public, and except as hereinafter provided, to report it.

(2.) Lecturing right shall subsist in every lecture, whether the author is a British subject or not, which has, after the commencement of this Act, been delivered in public in Australia, before or simultaneously with its first delivery in public elsewhere.

{Sidenote: Commencement}

16. _Commencement of copyright, performing right, and lecturing right._--(1.) The copyright in a book shall begin with its first publication in Australia.

(2.) The performing right in a dramatic or musical work shall begin with its first performance in public in Australia.

(3.) The lecturing right in a lecture shall begin with its first delivery in public in Australia.

{Sidenote: Term}

17. _Term of copyright, performing right, and lecturing right._--(1.) The copyright in a book, the performing right in a dramatic or musical work, and the lecturing right in a lecture, shall subsist for the term of forty-two years or for the author's life and seven years whichever shall last the longer.

(2.) Where the first publication of a book, the first performance in public of a musical or dramatic work, or the first delivery in public of a lecture takes place after the death of the author, the copyright, performing right, or lecturing right, as the case may be, shall subsist for the term of forty-two years.

(3.) Where a book or a dramatic or musical work is written by joint authors the copyright and the performing right shall subsist for the term of forty-two years or their joint lives and the life of the survivor of them, and seven years, whichever shall last the longer.

(4.) If a lecture is published as a book with the consent in writing of the owner of the lecturing right, the lecturing right shall cease.

{Sidenote: Ownership}

18. _Ownership in copyright, performing right, and lecturing right._--(1.) The author of a book shall be the first owner of the copyright in the book.

(2.) The author of a dramatic work or musical work shall be the first owner of the performing right in the dramatic or musical work.

(3.) The author of a lecture shall be first owner of the lecturing right in the lecture.

{Sidenote: Joint authors}

19. _Ownership in the case of joint authors._--Where there are joint authors of a book, or of a dramatic or musical work, or of a lecture, the copyright or the performing right, or the lecturing right, as the case may be, shall be the property of the authors.

{Sidenote: Separate authors}

20. _Separate authors._--Where a book is written in distinct parts by separate authors and the name of each author is attached to the portion written by him, each author shall be entitled to copyright in the portion written by him in the same manner as if it were a separate book.

{Sidenote: Encyclopaedia and similar works}

21. _Encyclopaedia and similar works._--The proprietor or projector of an encyclopaedia or other similar permanent work of reference who employs some other person for valuable consideration in the composition of the whole or any part of the work shall be entitled to the copyright in the work in the same manner as if he were the author thereof.

{Sidenote: Copyright in periodicals}

22. _Copyright in articles published in periodicals._--(1.) The author of any article, contributed for valuable consideration to and first published in a periodical, shall be entitled to copyright in the article as a separate work, but so that--

(_a_) he shall not be entitled to publish the article or authorise its publication until one year after the end of the year in which the article was first published and

(_b_) his right shall not exclude the right of the proprietor of the periodical under this section.

(2.) The proprietor of a periodical in which an article, which has been contributed for valuable consideration, is first published shall be entitled to copyright in the article, but so that--

(_a_) he shall not be entitled to publish the article or authorise its publication except in the periodical in its original form of publication, and

(_b_) his right shall not exclude the right of the author of the article, under this section.

{Sidenote: Articles without valuable consideration}

23. _Copyright in articles published in periodicals without_ _valuable consideration._--The author of any article contributed without valuable consideration to, and first published in, a periodical, shall be entitled to copyright in the article as a separate work.

{Sidenote: Copyright, etc., personal property}

24. _Copyright, &c., to be personal property._--The copyright in a book, the performing right in a dramatic or musical work, and the lecturing right in a lecture shall be personal property, and shall be capable of assignment and of transmission by operation of law.

{Sidenote: Copyright and other rights separate property}

25. _Copyright and other rights to be separate properties._--The copyright in a book, and the performing right in a dramatic or musical work and the lecturing right in a lecture shall be deemed to be distinct properties for the purposes of ownership, assignment, licence, transmission, and all other purposes.

{Sidenote: Assignment}

26. _Assignment of copyright._--The owner of the copyright in a book, or of the performing right in a dramatic or musical work, or of the lecturing right in a lecture, may assign his right either wholly or partially and either generally or limited to any particular place or period, and may grant any interest therein by licence; but an assignment or grant shall not be valid unless it is in writing signed by the owner of the right in respect of which it is made or granted.

{Sidenote: New editions}

27. _New editions._--Any second or subsequent edition of a book containing material or substantial alterations or additions shall be deemed to be a new book, but so as not to prejudice the right of any person to reproduce a former edition of the book or any part thereof after the expiration of the copyright in the former edition.

Provided that while the copyright in a book subsists no person, other than the owner of the copyright in the book or a person authorised by him, shall be entitled to publish a second or subsequent edition thereof.

{Sidenote: Abridgements, etc., for private use}

28. _Making of abridgment, &c., for private use._--Copyright in a book shall not be infringed by a person making an abridgment or translation of the book for his private use (unless he uses it publicly or allows it to be used publicly by some other person), or by a person making fair extracts from or otherwise fairly dealing with the contents of the book for the purpose of a new work, or for the purposes of criticism, review, or refutation, or in the ordinary course of reporting scientific information.

{Sidenote: Translations or abridgments}

29. _Translations or abridgments._--Where the author has parted with the copyright in his book and a translation or abridgment of the book is made with the consent of the owner of the copyright by some person other than the author, notice shall be given in the title-page of every copy of the translation or abridgment that it has been made by some person other than the author.

{Sidenote: Failure of author to make translation}

30. _Failure of author to make or cause translation of book._--Where a translation of a book into a particular language is not made within ten years from the date of the publication of the book by the owner of the copyright or by some person by his authority--

(_a_) Any person desirous of translating the book into that language may make an application in writing to the Minister for permission so to do:

(_b_) The Minister may thereupon by notice in writing inform the owner of the copyright of such application and request him to make or cause to be made a translation of the book into that language within such time as the Minister deems reasonable or to show cause why such application should not be granted:

(_c_) If the owner of the copyright fails to comply with such notice the Minister may grant such application.

{Sidenote: Copyright in translations}

31. _Copyright in translations._--Copyright shall subsist in a lawfully-produced translation or abridgment of a book in like manner as if it were an original work.

{Sidenote: Reservation of performing right}

32. _Notice of reservation of performing right._--(1.) Where a dramatic or musical work is published as a book, and it is intended that the performing right is to be reserved, the owner of copyright, whether he has parted with the performing right or not, shall cause notice of the reservation of the performing right to be printed on the title-page or in a conspicuous part of every copy of the book.

(2.) _Defendant's rights where no notice of reservation of performing right._--Where--

{Sidenote: Defendant's rights where no notice}

(_a_) proceedings are taken for the infringement of the performing right in a dramatic or musical work published as a book, and

(_b_) the defendant proves to the satisfaction of the Court that he has in his possession a copy of the book containing the dramatic or musical work and that that copy was published with the consent of the owner of the copyright, and does not contain the notice required by this Act of the reservation of the performing right,

judgment may be given in his favor either with or without costs as the Court, in its discretion, thinks fit; but in any such case the owner of the performing right (if he is not the owner of the copyright) shall be entitled to recover from the owner of the copyright damages in respect of the injury he has incurred by the neglect of the owner of the copyright to cause due notice to be given of the reservation of the performing right.

{Sidenote: Report of lecture}

33. _Report of lecture in a newspaper._--(1.) Unless the reporting of a lecture is prohibited by a notice as in this section mentioned, the lecturing right in a lecture shall not be infringed by a report of the lecture in a newspaper.

(2.) The notice prohibiting the reporting of a lecture may be given--

(_a_) orally at the beginning of the lecture; or

(_b_) by a conspicuous written notice affixed, before the lecture is given, on the entrance doors of the building in which it is given or in a place in the room in which it is given.

(3.) When a series of lectures is intended to be given by the same lecturer on the same subject, one notice only need be given in respect of the whole series.