Document ID: chunk:federal_register_of_legislation:C2004A00361:clause:4_6
Version: federal_register_of_legislation:C2004A00361
Segment Type: clause
Provision Reference: sch 4 cl 6
Character Range: 28295–29424

6  Application

(1) If:
 (a) a government copy was made before the first declaration of a collecting society in relation to a government copy of the same kind was made under section 153F of the Copyright Act 1968; and
 (b) apart from this item, the owner of the relevant copyright would have been entitled to the benefit of terms agreed on, or fixed, under subsection 183(5) of that Act; and
 (c) any payment due under terms referred to in paragraph (b) has not been made;
section 183A has effect as if:
 (d) section 153F of the Copyright Act 1968 and Division 2 of Part VII of that Act had been in force when the copy was made; and
 (e) the company the subject of the first declaration under section 153F of that Act in relation to a government copy of the same kind had been the relevant collecting society in relation to the copy when the copy was made; and
 (f) the company had not ceased operating as a collecting society when the copy was made.

(2) Section 183A has effect in accordance with subsection (1) whether or not the company referred to in paragraph (1)(e) was the agent of the owner of the copyright involved.