Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135ZM

             (1)  Where an article or other literary, dramatic or musical work is accompanied by an artistic work or artistic works provided for the purpose of explaining or illustrating the article or other work, the preceding sections of this Division apply as if:

                     (a)  where any of those sections provides that the copyright in the article or other work is not infringed--the reference to that copyright included a reference to any copyright in that artistic work or those artistic works;

                     (b)  a reference to a reproduction of an article or other work included a reference to a reproduction of the article or other work together with a reproduction of that artistic work or those artistic works;

                     (c)  a reference to a reproduction of a part of an article or other work included a reference to a reproduction of that part of the article or other work together with a reproduction of the artistic work or artistic works provided for the purpose of explaining or illustrating that part;

                     (d)  a reference to a reproduction of a page of a literary or dramatic work in an edition of the work included a reference to a reproduction of a page in such an edition that contained that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work; and

                     (e)  a reference to a reproduction of pages of a literary or dramatic work in an edition of the work included a reference to a reproduction of pages in such an edition that contained a part of that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work.

             (2)  If:

                     (a)  any remuneration is paid under this Part in respect of a page of a document that is:

                              (i)  a reproduction of the whole or a part of an article (other than a part that is an artistic work) contained in a periodical publication; or

                             (ii)  a reproduction of the whole or a part of a literary or dramatic work contained in a published anthology of works; or

                            (iii)  a reproduction of the whole or a part of a literary, dramatic or musical work other than an article contained in a periodical publication; and

                     (b)  the making of the page is not an infringement of the copyright in the article or work because of section 135ZJ, 135ZK or 135ZL; and

                     (c)  the page includes an artistic work or artistic works provided for the purpose of explaining or illustrating the article or work;

the following paragraphs apply:

                     (d)  one-half of the remuneration paid in respect of the making of the page is to be paid to the owner, or divided equally among the owners, of the copyright in the literary, dramatic or musical work or works which, or a part of which, appear on the page; and

                     (e)  one-half of that remuneration is to be paid to the owner, or divided equally among the owners, of the copyright in the artistic work or artistic works which, or a part of which, appear on the page.