213. Ownership of copyright
Feedback & supportSection 30(4) and (6) shall not apply in relation to works made before 10th April 1987.
Section 30(5) shall not apply in relation to a work that was or is made in pursuance of an agreement made before 10th April 1987.
Where a work is excluded from the application of section 30(4), (5) or (6) by reason of either of subsection (1) or (2), section 30(2) shall have effect in relation to the work subject to subsections (4) to (8).
The operation of any of subsections (5) to (8) in relation to a particular work may be excluded or modified by agreement.
Where, in the case of a work being a photograph, portrait or engraving —
photograph
“photograph” means a product of photography or of a process similar to photography, other than an article or thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, and “photography” shall have a corresponding meaning;
a person made, for valuable consideration, an agreement with another person for the taking of the photograph, the painting or drawing of the portrait or the making of the engraving by the other person; and
the work was made in pursuance of the agreement,the first-mentioned person is the owner of any copyright subsisting in the work by virtue of Part III.
Where the work was made by the author in pursuance of the terms of his employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of Part III.
Where the work is a literary, dramatic or artistic work that was made by the author in pursuance of the terms of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and was so made for the purpose of publication in a newspaper, magazine or similar periodical, the author is entitled to restrain the publication of the work otherwise than in a newspaper, magazine or similar periodical.
artistic work
“artistic work” means —(a)a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not;(b)a building or model of a building, whether the building or model is of artistic quality or not; or(c)a work of artistic craftsmanship to which neither paragraph (a) nor (b) applies,but does not include a layout-design or an integrated circuit within the meaning of section 2(1) of the Layout-Designs of Integrated Circuits Act;
In subsections (5), (6) and (7), expressions that are defined by section 205 shall have the meanings respectively given to those expressions by that section and shall not have the meanings, if any, respectively given to those expressions by Part II.[Aust. 1968, s. 213]