PART IV.--ARTISTIC COPYRIGHT

{Sidenote: Artistic copyright}

34. _Meaning of copyright._--The copyright in an artistic work means the exclusive right of the owner of the copyright to reproduce or authorise another person to reproduce the artistic work, or any material part of it, in any manner, form, or size, in any material, or by any process, or for any purpose.

35. _Copyright in artistic works._--Copyright shall subsist in every artistic work whether the author is a British subject or not, which is made in Australia after the commencement of this Act.

{Sidenote: Commencement and term}

36. _Commencement and term of artistic copyright._--The copyright in an artistic work shall begin with the making of the work, and shall subsist for the term of forty-two years or for the author's life and seven years whichever shall last the longer.

{Sidenote: Ownership}

37. _Ownership of copyright in artistic work._--The author of an artistic work shall be the first owner of the copyright in the work.

{Sidenote: Portraits}

38. _Copyright in portraits._--When an artistic work, being a portrait, is made to order for valuable consideration, the person to whose order it is made shall be entitled to the copyright therein as if he were the author thereof.

{Sidenote: Photographs}

39. _Copyright in photographs._--(1.) When a photograph is made to order for valuable consideration the person to whose order it is made shall be entitled to the copyright therein as if he were the author thereof.

(2). Subject to subsection (1) of this section, when a photograph is made by an employee on behalf of his employer the employer shall be deemed to be the author of the photograph.

{Sidenote: Engravings and prints}

40. _Engravings and prints._--(1.) Subject to section thirty-four of this Act the engraver or other person who makes the plate or other instrument by which copies of an artistic work are multiplied shall be deemed to be the author of the copies produced by means of the plate or instrument.

(2.) When the plate or other instrument mentioned in this section is made by an employee on behalf of his employer the employer shall be deemed to be the author of the copies produced by means of the plate or instrument.

{Sidenote: Sale of painting, etc.}

41. _Copyright in case of sale of painting, statue, or bust._ (1.)--When the owner of the copyright in any artistic work being a painting, or a statue, bust, or other like work, disposes of such work for valuable consideration, but does not assign the copyright therein, the owner of the copyright (except as in this section mentioned) may in the absence of any agreement in writing to the contrary make a replica of such work.

{Sidenote: Right to make replicas}

_Right of author to make replicas of statues, etc., in public places._ (2.)--When a statue, bust, or other like work, whether made to order or not, is placed or is intended to be placed in a street or other like public place, the author may, in the absence of any agreement to the contrary, make replicas thereof.

{Sidenote: Personal property}

42. _Artistic copyright is personal property._--The copyright in an artistic work shall be personal property, and shall be capable of assignment and of transmission by operation of law.

{Sidenote: Copyright and ownership}

43. _Copyright and ownership in artistic works._--The copyright in an artistic work and the ownership of the artistic work shall be deemed to be distinct properties for the purposes of ownership, assignment, licence, transmission, and all other purposes.

{Sidenote: Assignment}

44. _Assignment of copyright._--The owner of the copyright in an artistic work may assign his right 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 copyright.