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Provisions relating to royalty where 2 or more works are on the one record

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Where a record comprises 2 or more musical works, whether or not there is any other matter comprised in the record —(a)if the record includes a work in which copyright does not subsist or works in which copyrights do not subsist — the royalty payable in respect of the record is, subject to paragraph (b), the amount that bears to the amount that, but for this section, would be the amount of the royalty the same proportion as the number of works in the record in which copyrights subsist bears to the total number of works in the record; and(b)if the record includes 2 or more works in which copyrights subsist —(i)subject to this Division, the royalty payable in respect of the record shall not be less than one cent in respect of each work in the record in which copyright subsists; and(ii)if the owners of the copyrights in the works in the record in which copyrights subsist are different persons — there shall be paid to the owner of the copyright in each work, in respect of that work, an amount ascertained by dividing the amount of the royalty payable in respect of the record by the number of works in the record in which copyrights subsist.[Aust. 1968, s. 57]

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