Copyright: Its History and Its Law Part 70

"Periodical" means a review, magazine, newspaper, or other periodical work of a like nature:

"Pirated artistic work" means a reproduction of an artistic work made in any manner without the authority of the owner of the copyright in the artistic work:

"Pirated book" means a reproduction of a book made in any manner without the authority of the owner of the copyright in the book:

"Portrait" includes any work the princ.i.p.al object of which is the representation of a person by painting, drawing, engraving, photography, sculpture, or any form of art:

"Publish" and "Publication" in relation to a book refer to offer for sale or distribution, in each case with the privity of the author, so as to make the book accessible to the public:

"The Registrar" means the Registrar of Copyrights or a Deputy Registrar of Copyrights:

"State Copyright Act" means any State Act relating to the registration of the copyright or performing right, or lecturing right in books, or dramatic or musical works, or in artistic works, or fine art works, or in lectures.

{Sidenote: Simultaneous publication or performance}

5. _What is simultaneous publication or performance._--For the purposes of this Act publication, performance, or delivery in the Commonwealth shall be deemed to be simultaneous with publication, performance, or delivery elsewhere if the period between the publications, performances, or deliveries does not exceed fourteen days.

{Sidenote: Blasphemous, etc., matter}

6. _Blasphemous, &c., matter not protected._--No copyright, performing right, or lecturing right shall subsist under this Act in any blasphemous, indecent, seditious, or libelous work or matter.

{Sidenote: Application of common law}

7. _Application of the Common Law._--Subject to this and any other Acts of the Parliament, the Common Law of England relating to proprietary rights in unpublished literary compositions, shall after the commencement of this Act, apply throughout the Commonwealth.

{Sidenote: State copyright acts}

8. _State Copyright Acts not to apply to copyright under this Act._--(1.) The State Copyright Acts so far as they relate to the copyright in any book, the performing right in any musical or dramatic work, the lecturing right in any lecture, or the copyright in any artistic or fine art work shall not apply to any book, dramatic or musical work, lecture, or artistic work in which copyright, performing right, or lecturing right, subsists under this Act.

{Sidenote: Rights under state laws}

_Saving of rights under State laws._--(2.) Subject to Part II. of this Act, nothing in this Act shall affect the application of the laws in force in any State at the commencement of this Act to any copyright or other right in relation to books or dramatic or musical works or lectures or artistic or fine art works acquired under or protected by those laws before the commencement of this Act.

PART II.--ADMINISTRATION

_Division 1.--The Registrar and the Copyright Office_

{Sidenote: Registrar}

9. _Registrar._--(1.) There shall be a Registrar of Copyrights.

(2.) The Governor-General may appoint one or more Deputy Registrars of Copyrights who shall, subject to the control of the Registrar of Copyrights, have all the powers conferred by this Act on the Registrar.

{Sidenote: Copyright Office}

10. _Copyright Office._--For the purposes of this Act an office shall be established which shall be called the Copyright Office.

{Sidenote: Seal}

11. _Seal of Copyright Office_.--There shall be a seal of the Copyright Office, and impressions thereof shall be judicially noticed.

_Division 2.--The Transfer of the Administration of the State Copyright Acts_

{Sidenote: Transfer of administration}

12. _Transfer of administration._--The Governor-General may, by proclamation, declare that, from and after a date specified in the proclamation, the administration of the State Copyright Acts of any State so far as they relate to the registration of the copyright in any book, the performing right in any musical or dramatic work, the lecturing right in any lecture, and the copyright in any artistic or fine art work, or to the registration of any a.s.signment or grant of, or licence in relation to, any such right, shall be transferred to the Commonwealth and thereupon, so far as is necessary for the purposes of this section--

{Sidenote: Effect of transfer}

(_a_) _Effect of transfer of administration. Cf. Patents Act, 1903, ss. 18 and 19._--The State Copyright Acts of the State shall cease to be administered by the State, and shall thereafter be administered by the Commonwealth so far as is necessary for the purpose of completing then pending proceedings and of giving effect to then existing rights, and the Registrar shall collect for the State all fees which become payable thereunder; and

(_b_) all powers and functions under any State Copyright Act vested in the Governor of the State or in the Governor with the advice of the Executive Council of the State or in any Minister officer or authority of the State shall vest in the Governor-General or in the Governor-General in Council or in the Minister officer or authority exercising similar powers under the Commonwealth as the case requires or as is prescribed; and

(_c_) all records registers deeds and doc.u.ments of the Copyright office of the State vested in or subject to the control of the State shall, by force of this Act, be vested in and made subject to the control of the Commonwealth.

PART III.--LITERARY, MUSICAL, AND DRAMATIC COPYRIGHT

{Sidenote: Copyright in books}

13. _Copyright in books._--(1.) The copyright in a book means the exclusive right to do, or authorize another person to do, all or any of the following things in respect of it:--

(_a_) To make copies of it:

(_b_) To abridge it:

(_c_) To translate it:

(_d_) In the case of a dramatic work, to convert it into a novel or other non-dramatic work:

(_e_) In the case of a novel or other non-dramatic work, to convert into a dramatic work: and

(_f_) In the case of a musical work, to make any new adaptation, transposition, arrangement, or setting of it, or of any part of it, in any notation.

(2.) Copyright shall subsist in every book, whether the author is a British subject or not, which has been printed from type set up in Australia, or plates made therefrom, or from plates or negatives made in Australia in cases where type is not necessarily used, and has, after the commencement of this Act, been published in Australia, before or simultaneously with its first publication elsewhere.

{Sidenote: Performing right}

14. _Performing right in dramatic and musical works._--

(1.) The performing right in a dramatic or musical work means the exclusive right to perform it, or authorise its performance in public.

(2.) Performing right shall subsist in every dramatic or musical work, whether the author is a British subject or not, which has, after the commencement of this Act, been performed in public in Australia, before or simultaneously with its first performance in public elsewhere.

{Sidenote: Lecturing right}

15. _Lecturing right in lectures._--(1.) The lecturing right in a lecture means the exclusive right to deliver it, or authorise its delivery, in public, and except as hereinafter provided, to report it.