Original works in which copyright subsists
32 Original works in which copyright subsists
Subject to this Act, copyright subsists in an original literary, dramatic, musical or artistic work that is unpublished and of which the author:
was a qualified person at the time when the work was made; or
if the making of the work extended over a period—was a qualified person for a substantial part of that period.
Subject to this Act, where an original literary, dramatic, musical or artistic work has been published:
copyright subsists in the work; or
if copyright in the work subsisted immediately before its first publication—copyright continues to subsist in the work;
if, but only if:
the first publication of the work took place in Australia;
the author of the work was a qualified person at the time when the work was first published; or
the author died before that time but was a qualified person immediately before his or her death.
Notwithstanding the last preceding subsection but subject to the remaining provisions of this Act, copyright subsists in:
an original artistic work that is a building situated in Australia; or
an original artistic work that is attached to, or forms part of, such a building.
In this section, qualified person means an Australian citizen or a person resident in Australia.
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