Document ID: chunk:federal_register_of_legislation:C2024C00854:section:52
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 52
Character Range: 202881–205080

52  Publication of unpublished works kept in libraries or archives
 (1) Where:
 (a) 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;
 (b) before the new work was published, the prescribed notice of the intended publication of the work had been given; and
 (c) 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;
then, for the purposes of this Act, the first publication of the new work, and any subsequent publication of the new work whether in the same or in an altered form, shall, in so far as it constitutes a publication of the old work, be deemed not to be an infringement of the copyright in the old work or an unauthorized publication of the old work.
 (2) 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:
 (a) subsection 51(1) would, but for this section, have applied to that part of the old work immediately before that subsequent publication;
 (b) before that subsequent publication, the prescribed notice of the intended publication had been given; and
 (c) 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.
 (3) 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:
 (a) broadcasts the work, or that part of the work; or
 (b) 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
 (c) performs the work, or that part of the work, in public; or
 (d) makes a record of the work, or that part of the work.