Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_135zme
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 135ZME
Character Range: 95707–98087

135ZME  Application of Division to certain illustrations in electronic form

 (1) If an article or other literary, dramatic or musical work that is in electronic form is accompanied by an artistic work or artistic works in electronic form provided for the purpose of explaining or illustrating the article or other work, the preceding sections of this Division apply as if:
 (a) where any of those sections provides that the copyright in the article or other work is not infringed—the reference to that copyright included a reference to any copyright in the artistic work or artistic works; and
 (b) a reference to a reproduction or communication of an article or other work included a reference to a reproduction or communication of the article or other work together with a reproduction or communication of the artistic work or artistic works; and
 (c) a reference to a reproduction or communication of a part of an article or other work included a reference to a reproduction or communication of that part of the article or other work together with a reproduction or communication of the artistic work or artistic works provided for the purpose of explaining or illustrating that part.

 (2) If:
 (a) remuneration is paid under this Part in respect of:
 (i) the reproduction or communication of the whole or part of an article (other than a part that is an artistic work) contained in a periodical publication; or
 (ii) the reproduction or communication of the whole or part of a literary, dramatic or musical work, other than an article contained in a periodical publication; and
 (b) the reproduction or communication is not an infringement of the copyright in the article or work because of section 135ZMC or 135ZMD; and
 (c) the reproduction that is made or communicated includes an artistic work or artistic works provided for the purpose of explaining or illustrating the article or work;
the amount of the remuneration must be divided among the owner or owners of the copyright in the artistic work or artistic works and the owner or owners of the copyright in the article or other literary, dramatic or musical work or works.

 (3) The division of an amount of remuneration under subsection (2) is to be carried out as agreed between the relevant copyright owners or, failing such agreement, as determined by the Copyright Tribunal on application made by any of them.