Document ID: chunk:federal_register_of_legislation:F2025C00029:reg:6
Version: federal_register_of_legislation:F2025C00029
Segment Type: reg
Provision Reference: reg 6
Character Range: 20396–21670

6  Copyright in certain sound recordings may include right to cause the recording to be heard in public
 (1) This regulation applies to a published sound recording if:
 (a) under the Act, copyright subsists in the recording by reason only of the operation of these Regulations, or the operation of these Regulations and subsection 89(3) of the Act; and
 (b) either:
 (i) the recording has been published in Australia; or
 (ii) a period of 7 weeks has elapsed from the date of the first publication of the recording.
Note: A sound recording first published in a foreign country could, under subsection 29(5) of the Act, be a sound recording that is taken to be first published in Australia, to which subsection 89(3) of the Act applies.
 (2) Copyright that subsists in the recording includes the exclusive right to cause the recording to be heard in public, only if:
 (a) the maker of the recording was, at the time when the recording was made:
 (i) a citizen or national of a Schedule 3 country; or
 (ii) a person resident in, or a body corporate incorporated under the law of, a Schedule 3 country; or
 (b) the recording was made in a Schedule 3 country.
 (3) The application of section 105 of the Act by these Regulations is modified by the operation of this regulation.