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 and the recording is not a performance-related 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 broadcast the
recording, 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) For this regulation, a recording is a performance-related recording if:
(a) the recording consists of, or includes, a musical work in which copyright subsists; and
(b) the musical work:
(i) was made for the purpose of being performed, or has been performed, in association with a dramatic work; or
(ii) has been included in a cinematograph film; and
(c) recordings of the musical work have not been supplied
(whether by sale or otherwise) to the public in
(4) For paragraph (3) (c), a supply of recordings of a musical work is disregarded if the supply was done otherwise than by, or with the licence of, the owner of the copyright in the work.
(5) The
application of section 105 of the Act by these Regulations is modified by the
operation of this regulation.