On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 28/03/2013.
218.
—(1) The copyright in a literary, dramatic, musical or artistic work that has been published before 10th April 1987 is not infringed by the reproduction of the work for sale if —
(a)
the reproduction takes place at a time after the expiration of 25 years, or, in the case of a work in which copyright subsisted at the commencement of the Copyright Act 1911, after the expiration of 30 years, after the date of the death of the author; and
(b)
the person reproducing the work establishes —
(i)
that, before 10th April 1987, he gave the notice in writing of his intention to reproduce the work that was prescribed for the purposes of the proviso to section 3 of the Copyright Act 1911; and
(ii)
that he has paid, in the manner that was prescribed for the purposes of that proviso, or is prescribed for the purposes of this section, as the case may be, to, or for the benefit of, the owner of the copyright royalties in respect of all copies of the work sold by him calculated at the rate of 10% of the price at which he published the reproduction.
(2) The regulations may make provision for or in relation to the manner in which, and the times at which, payment of royalties is to be made for the purposes of subsection (1)(b)(ii) and may include provision requiring payment in advance, or otherwise securing the payment of the royalties.
(3) A reference in subsection (1)(a) to a time after the expiration of a specified number of years from the date of the death of the author of a work shall, in the case of a work of joint authorship, be read as a reference to a time after —
(a)
the expiration of the same number of years from the date of the death of the author who died first; or
(b)
the date of the death of the author who died last,
whichever is the later.
(4) Where a literary, dramatic or musical work, or an engraving, in which copyright subsisted at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who died last —
(a)
had not been published;
(b)
in the case of a dramatic or musical work — had not been performed in public; and
(c)
in the case of a lecture — had not been delivered in public,
before that date, subsection (1) shall apply as if the author had died on the date on which —
(d)
in the case of a literary work (other than a lecture) or an engraving — the work was first published;
(e)
in the case of a dramatic or musical work — the work was first published or first performed in public, whichever first happened; or
(f)
in the case of a lecture — the lecture was first published or first delivered in public, whichever first happened.
(5) In this section, expressions that are defined by section 205 shall have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.
[Aust. 1968, s. 219]