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' copyright1 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;
- (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.
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.
- Note:
Subsection 22(1) of the Copyright Act 1968 specifies when a work is made.