Document ID: chunk:federal_register_of_legislation:C2004A00361:clause:1_1
Version: federal_register_of_legislation:C2004A00361
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 2025–3133

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.