240. In this Division, “right conferred by the Copyright Act 1911”, in relation to a work, means a right that, by virtue of section 24 of the Copyright Act 1911, was conferred in place of a right that subsisted immediately before the commencement of that Act**.
* The Act came into operation on 1st July 1912.
[Aust. 1968, s. 243]
242. Notwithstanding anything in Division 2, section 27 shall not apply to a work to which this Division applies unless a right conferred by the Copyright Act 1911 subsisted in the work immediately before 10th April 1987.
[Aust. 1968, s. 245]
243.
—(1) Where the right conferred by the Copyright Act 1911 in relation to a dramatic or musical work to which this Division applies did not include the sole right to perform the work in public, then, copyright, insofar as it subsists in the work by virtue of this Act, shall not include the performing rights in relation to the work.
(2) Where the right conferred by the Copyright Act 1911 in relation to a dramatic or musical work to which this Division applies consisted only of the sole right to perform the work in public, then, copyright, insofar as it subsists in the work by virtue of this Act, shall consist only of the performing rights in relation to the work.
(3) For the purposes of this section, the performing rights, in relation to a work, are —
(a)
the exclusive right to perform the work, or an adaptation of the work, in public;
(b)
the exclusive right to broadcast the work or an adaptation of the work; and
(c)
the exclusive right to cause the work, or an adaptation of the work, to be in a cable programme service.
[Aust. 1968, s. 246]
244. Where —
(a)
a work to which this Division applies (in this section referred to as the relevant work) consists of an essay, article or item forming part of, and first published in, a review, magazine or other periodical or work of a like nature; and
(b)
immediately before 10th April 1987, a right of publishing the relevant work in a separate form subsisted by virtue of the note to the First Schedule to the Copyright Act 1911,
copyright subsisting in the relevant work by virtue of this Act shall be subject to that right of publishing the relevant work in a separate form.
[S 107/87]
[Aust. 1968, s. 247]
245.
—(1) Without prejudice to the generality of section 237(1), where —
(a)
the author of a work to which this Division applies had, before the commencement of the Copyright Act 1911**, made an assignment or grant of a kind referred to in paragraph (a) of the proviso to section 24(1) of that Act (referred to in this section as paragraph (a) of the proviso); and
* The Act came into operation on 1st July 1912.
(b)
copyright subsists in the work by virtue of this Act,
(2) If, before 10th April 1987, an event occurred or a notice was given, being an event or notice that, in accordance with paragraph (a) of the proviso, had any operation affecting the ownership of the right conferred by the Copyright Act 1911 in relation to the work or creating, transferring or terminating an interest, right or licence in respect of that right, that event or notice shall have the like operation in relation to the copyright in the work under this Act.
(3) Any right that, at a time after 10th April 1987, would, by virtue of paragraph (a) of the proviso, have been exercisable in relation to the work or in relation to the right conferred by the Copyright Act 1911, if this Act had not been enacted, shall be exercisable in relation to the work or in relation to the copyright subsisting in the work under this Act, as the case may be.
(4) If, in accordance with paragraph (a) of the proviso, the right conferred by the Copyright Act 1911 would have reverted to the author or his personal representatives on the date referred to in that paragraph, and that date occurs after 10th April 1987, then on that date —
(a)
the copyright in the work under this Act shall revert to the author or his personal representatives, as the case may be; and
(b)
any interest of any other person in that copyright that subsists on that date by virtue of any document made before the commencement of the Copyright Act 1911 shall cease.
[Aust. 1968, s. 248]