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COPYRIGHT AMENDMENT ACT (NO. 1) 1998 NO. 104, 1998 - SCHEDULE 1--Employed journalists' copyright

COPYRIGHT AMENDMENT ACT (NO. 1) 1998 NO. 104, 1998 - SCHEDULE 1--Employed

journalists' copyright

Copyright Act 1968

1 Subsection 35(4)

Repeal the subsection, substitute:

(4) If a literary, dramatic or artistic work:

    (a) is made by the author under the terms of his or her employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship; and

    (b) is so made for the purpose of inclusion in a newspaper, magazine or similar periodical;

the following paragraphs apply:

    (c) the author is the owner of the copyright only in so far as the copyright relates to:

      (i) reproduction of the work for the purpose of inclusion in a book; or

      (ii) reproduction of the work in the form of a hard copy facsimile (other than a hard copy facsimile made as part of a process of transmission) made from a paper edition of, or from another hard copy facsimile made from a paper edition of, an issue of the newspaper, magazine or similar periodical, but not including reproduction by the proprietor for a purpose connected with the publication of the newspaper, magazine or similar periodical;

    (d) except as provided by paragraph (c), the proprietor is the owner of the copyright.

2 Paragraph 35(5)(a)

After "photograph", insert "for a private or domestic purpose".

3 At the end of section 35

Add:

(7) In this section:

hard copy facsimile , in relation to a literary, dramatic or artistic work, means a facsimile which is in a material form and from which the work is visible to a human being without the use of any device.

private or domestic purpose includes a portrait of family members, a wedding party or children.

4 Application

The amendments made by this Schedule apply only in relation to works made after the commencement of this Schedule.