Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a published sound recording if:
(a) under the Act, copyright subsists in the recording by reason only of the operation of these Regulations, or the operation of these Regulations and subsection 89 (3) of the Act; and
(b) either:
(i) the recording has been published in
(ii) a period of 7 weeks has elapsed from the date of the first publication of the recording.
Note A sound recording
first published in a foreign country could, under subsection 29 (5) of
the Act, be a sound recording that is taken to be first published in
Australia, to which subsection 89 (3) of the Act applies.
(2) Copyright
that subsists in the recording includes the exclusive right to cause the
recording to be heard in public, only if:
(a) the maker of the recording was, at the time when the
recording was made:
(i) a citizen or national of a Schedule 3 country; or
(ii) a person resident in, or a body corporate incorporated
under the law of, a Schedule 3 country; or
(b) the recording was made in a Schedule 3 country.
(3) The
application of section 105 of the Act by these Regulations is modified by the
operation of this regulation.