Commonwealth Numbered Regulations

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COPYRIGHT REGULATIONS 2017 (F2017L01649) - REG 68

Matters to be included in application under paragraph 59(3)(b) of the Act

                   An application to the Tribunal under paragraph 59(3)(b) of the Act (for apportioning the royalty for making a record comprising the performance of a musical work involving the singing or speaking of words from a literary or dramatic work between the owner of copyright in the musical work and the owner of copyright in the literary or dramatic work):

                     (a)  must set out the circumstances or events giving rise to the application and, in particular, must:

                              (i)  identify the musical work and the literary or dramatic work; and

                             (ii)  identify the record; and

                            (iii)  state whether the applicant is the owner of the copyright in the musical work or the owner of the copyright in the literary or dramatic work; and

                            (iv)  if the applicant is the owner of the copyright in the musical work--state the name of the owner of the copyright in the literary or dramatic work; and

                             (v)  if the applicant is the owner of the copyright in the literary or dramatic work--state the name of the owner of the copyright in the musical work; and

                     (b)  must request the Tribunal to determine the manner in which the royalty payable by the maker of the record in respect of the musical work and the literary or dramatic work is to be apportioned between the owners of the copyrights in those works.



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