Copyright Act 1968

Where:

a published literary, dramatic or musical work (in this section referred to as the new work) incorporates the whole or a part of a work (in this section referred to as the old work) to which subsection 51(1) applied immediately before the new work was published;

before the new work was published, the prescribed notice of the intended publication of the work had been given; and

immediately before the new work was published, the identity of the owner of the copyright in the old work was not known to the publishers of the new work;

The last preceding subsection does not apply to a subsequent publication of the new work incorporating a part of the old work that was not included in the first publication of the new work unless:

subsection 51(1) would, but for this section, have applied to that part of the old work immediately before that subsequent publication;

before that subsequent publication, the prescribed notice of the intended publication had been given; and

immediately before that subsequent publication, the identity of the owner of the copyright in the old work was not known to the publisher of that subsequent publication.

If a work, or part of a work, has been published and, because of this section, the publication is taken not to be an infringement of the copyright in the work, the copyright in the work is not infringed by a person who, after the publication took place:

broadcasts the work, or that part of the work; or

electronically transmits the work, or that part of the work (other than in a broadcast) for a fee payable to the person who made the transmission; or

performs the work, or that part of the work, in public; or

makes a record of the work, or that part of the work.