Document ID: chunk:federal_register_of_legislation:C2024C00854:section:54
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 54
Character Range: 206414–208186

54  Interpretation
 (1A) In this Division:
record means a disc, tape, paper or other device in which sounds are embodied.
 (1) For the purposes of this Division:
 (a) a reference to a musical work shall be read as a reference to the work in its original form or to an adaptation of the work;
 (b) a reference to the owner of the copyright in a literary, dramatic or musical work shall, unless the contrary intention appears, be read as a reference to the person who is entitled to authorize the making in, and the importation into, Australia of records of the work; and
 (c) a reference to sale of a record by retail or to retail sale of a record shall be read as not including a reference to:
 (i) sale for a consideration not consisting wholly of money; or
 (ii) sale by a person not ordinarily carrying on the business of making or selling records.
 (2) For the purposes of this Division, where a musical work is comprised partly in one record and partly in another record or other records, all the records shall be treated as if they constituted a single record.
 (3) A reference in this Division to a record of a musical work does not include a reference to a sound‑track associated with visual images forming part of a cinematograph film.
 (4) Subject to subsection (5), this Division applies to a record of a part of a musical work as it applies to a record of the whole work.
 (5) Section 55:
 (a) does not apply to a record of a whole work unless the previous record referred to in paragraph 55(1)(a) was a record of the whole work; and
 (b)  does not apply to a record of a part of a work unless that previous record was a record of that part of the work.

Original form
 (6) The definition of original form in subsection 10(1) does not apply in this Division.