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Copyright Amendment Bill 1997
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.

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