PART IV.--ARTISTIC COPYRIGHT

{Sidenote: Artistic copyright}

34. _Meaning of copyright._--The copyright in an artistic work means the

exclusive right of the owner of the copyright to reproduce or authorise

another person to reproduce the artistic work, or any material part of

it, in any manner, form, or size, in any material, or by any process, or

for any purpose.

35. _Copyright in artistic works._--Copyright shall subsist in every

artistic work whether the author is a British subject or not, which is

made in Australia after the commencement of this Act.

{Sidenote: Commencement and term}

36. _Commencement and term of artistic copyright._--The copyright in an

artistic work shall begin with the making of the work, and shall subsist

for the term of forty-two years or for the author's life and seven years

whichever shall last the longer.

{Sidenote: Ownership}

37. _Ownership of copyright in artistic work._--The author of an

artistic work shall be the first owner of the copyright in the work.

{Sidenote: Portraits}

38. _Copyright in portraits._--When an artistic work, being a portrait,

is made to order for valuable consideration, the person to whose order

it is made shall be entitled to the copyright therein as if he were the

author thereof.

{Sidenote: Photographs}

39. _Copyright in photographs._--(1.) When a photograph is made to order

for valuable consideration the person to whose order it is made shall be

entitled to the copyright therein as if he were the author thereof.

(2). Subject to subsection (1) of this section, when a photograph is

made by an employee on behalf of his employer the employer shall be

deemed to be the author of the photograph.

{Sidenote: Engravings and prints}

40. _Engravings and prints._--(1.) Subject to section thirty-four of

this Act the engraver or other person who makes the plate or other

instrument by which copies of an artistic work are multiplied shall be

deemed to be the author of the copies produced by means of the plate or

instrument.

(2.) When the plate or other instrument mentioned in this section is

made by an employee on behalf of his employer the employer shall be

deemed to be the author of the copies produced by means of the plate or

instrument.

{Sidenote: Sale of painting, etc.}

41. _Copyright in case of sale of painting, statue, or bust._ (1.)--When

the owner of the copyright in any artistic work being a painting, or a

statue, bust, or other like work, disposes of such work for valuable

consideration, but does not assign the copyright therein, the owner of

the copyright (except as in this section mentioned) may in the absence

of any agreement in writing to the contrary make a replica of such work.

{Sidenote: Right to make replicas}

_Right of author to make replicas of statues, etc., in public places._

(2.)--When a statue, bust, or other like work, whether made to order or

not, is placed or is intended to be placed in a street or other like

public place, the author may, in the absence of any agreement to the

contrary, make replicas thereof.

{Sidenote: Personal property}

42. _Artistic copyright is personal property._--The copyright in an

artistic work shall be personal property, and shall be capable of

assignment and of transmission by operation of law.

{Sidenote: Copyright and ownership}

43. _Copyright and ownership in artistic works._--The copyright in an

artistic work and the ownership of the artistic work shall be deemed to

be distinct properties for the purposes of ownership, assignment,

licence, transmission, and all other purposes.

{Sidenote: Assignment}

44. _Assignment of copyright._--The owner of the copyright in an

artistic work may assign his right wholly or partially and either

generally or limited to any particular place or period and may grant any

interest therein by licence; but an assignment or grant shall not be

valid unless it is in writing signed by the owner of the copyright.

Copyright: Its History and Its Law · 第 3 / 10 章