Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 195AWA

Author's consent to act or omission--work that is not a film or included in a film

             (1)  This section applies to a literary, dramatic, musical or artistic work other than such a work as included in a cinematograph film.

             (2)  It is not an infringement of a moral right of an author in respect of a work to do, or omit to do, something if the act or omission is within the scope of a written consent genuinely given by the author or a person representing the author.

             (3)  Subject to subsection (4), a consent does not have any effect unless it is given:

                     (a)  in relation to specified acts or omissions, or specified classes or types of acts or omissions, whether occurring before or after the consent is given; and

                     (b)  in relation to either of the following:

                              (i)  a specified work or specified works existing when the consent is given; or

                             (ii)  a specified work, or works of a particular description, the making of which has not begun or that is or are in the course of being made.

             (4)  A consent may be given by an employee for the benefit of his or her employer in relation to all or any acts or omissions (whether occurring before or after the consent is given) and in relation to all works made or to be made by the employee in the course of his or her employment.

             (5)  A consent given for the benefit of the owner or prospective owner of copyright in the work or works to which it relates is presumed, unless the contrary intention appears in the consent instrument, to extend to his or her licensees and successors in title, and to any persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright.



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