Copyright Regulations 1913 (Cth)

STATUTORY RULES.

1913. No. 338.

REGULATIONS UNDER THE COPYRIGHT ACT 1912.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Copyright Act 1912, to come into operation forthwith.

Dated this nineteenth day of December, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

W. H. IRVINE,

Attorney-General.

THE COPYRIGHT REGULATIONS 1913.

Part 1.—General.

Short title.

1. These Regulations may be cited as the Copyright Regulations 1913.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—General.

Part II.—Royalty System (General).

Part III.—Royalty System (Mechanical Musical Contrivances).

Part IV.—Repeal.

Interpretation.

3. (1) In these Regulations—

“The Act” means the Copyright Act 1912;

“Mechanical musical contrivances” means records, perforated rolls, and other contrivances by means of which sounds may be mechanically reproduced;

“Published work” means work which is printed and issued to the public;

“Unpublished work” means work which has not been printed and issued to the public;

Address.

4. All letters should be addressed to “The Registrar of Copyrights, Commonwealth Offices, Treasury-place, Melbourne.”

C.16923.—Price 8d.

 

Fees.

5. The fees to be paid under these Regulations shall be those specified in the First Schedule, and shall be paid at the Copyright Office. All remittances sent by post shall be by money order or postal note, and shall be made payable to the Registrar of Copyrights. Coin or currency enclosed in a letter will be sent at the remitter’s risk.

Registrar may refuse to act until fee paid.

6. Where any fee is payable in respect of any act or document, the Registrar may refuse to permit or perform the act, or to receive or issue the document, as the case requires, until the fee payable is paid.

Forms.

7. (1) Where in these Regulations any Form is referred to, the reference is to the Form in the Second Schedule.

(2) The Forms contained in the Second Schedule may, as far as they are applicable, be used in any proceeding under the Act or these Regulations to which they are appropriate.

Where no forms provided.

8. As regards proceedings not specifically provided for in the Forms in the Second Schedule, any appropriate Form will be accepted.

Hours of business.

9. Except in case of holidays observed under the Commonwealth Public Service Act, the Copyright Office shall be open to the public on week days (other than Saturdays) from 10 a.m. to 4 p.m., and on Saturdays from 10 a.m. to noon.

Applications.

10. Every application for the registration of copyright or performing right must be left at, or sent to, the Copyright Office, and may be sent by prepaid letter through the post, and must, in every case, be accompanied by the prescribed fee.

Signature of applicants.

11. Every application for the registration of copyright or performing right must be signed by all applicants.

Published work.

12. An application for the registration of copyright in a published literary, dramatic, musical, or artistic work may be in accordance with Form A, A1, A2 or A3 as the case requires.

Photographs.

13. An application for the registration of copyright in a photograph may be in accordance with Form C or C1 as the case requires.

Unpublished work.

14. An application for the registration of copyright in an unpublished literary, dramatic, musical, or artistic work may be in accordance with Form D.

Published mechanical musical contrivance.

15. An application for the registration of copyright in a published mechanical musical contrivance may be in accordance with Form E.

Unpublished mechanical musical contrivance.

16. An application for the registration of copyright in an unpublished mechanical musical contrivance may be in accordance with Form F.

Performing right in musical or dramatic work.

17. An application for the registration of the sole right to perform or authorize the performance of a musical or dramatic work may be in accordance with Form G and shall be accompanied by a copy of the work.

Choreographic works.

18. An application for the registration of copyright in an unpublished dramatic work, consisting of a choreographic work or entertainment in dumb show, must be accompanied by a description thereof, either typewritten or written in a fair legible hand on one side only of the paper, and without interlineations or erasures.

Variations.

19. Any variation in the arrangement or acting form of a choreographic work or entertainment in dumb show must be made the subject of a separate application for copyright registration.

Cinematograph productions.

20. An application for the registration of copyright in an unpublished dramatic work, consisting of a cinematograph production, must be accompanied by a description of the work, preferably typewritten, and by a photograph taken from each scene represented. If after registration the work is printed or reproduced for sale, a complete copy of the work must be filed, and, if the Registrar so desires, an amended description thereof.

Copy of unpublished work to be forwarded.

21. An application for the registration of copyright in an unpublished work, other than a work specified in Regulations Nos. 19 and 21, must be accompanied by a copy of the work.

Title of literary work.

22. The title of a literary work should be given exactly as on the title page of the book, or on the work, and the other particulars required to be specified should be exactly as indicated in the work itself.

Published books.

23. An application for the registration of copyright in a published book must be accompanied by a copy of the book, with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the books are published, and bound, sewed, or stitched together and on the best paper on which the book is printed.

Artistic works.

24. All application for the registration of copyright in an artistic work must be accompanied by a copy thereof, or a representation of it.

Interchangeable parts.

25. An application for the registration of copyright in an interchangeable part of a mechanical instrument for mechanically reproducing musical works must be accompanied by the disc, cylinder, or music roll, by means of which the music is reproduced.

Title.

26. Where an application for registration of copyright is made by a person, other than the author of the work, he shall in his application trace his title from the author, and shall attach to his application each assignment or instrument by virtue of which he derives his title, with an attested copy thereof.

New editions.

27. In the case of new editions of works containing material additions or alterations either in the letterpress or in the maps, prints, or other engravings belonging thereto, applications for registration of copyright may be made in respect of the new edition as if it were an independent work.

Registration of song.

28. If it is desired to register the words only of a song, the application should be made as for a literary work; if it is desired to register both words and music, application should be made as for a musical work.

Music published for different instruments.

29. In the case of music published in different editions arranged for different instruments, application for registration of copyright may be made for each arrangement.

Engravings, photographs, &c.

30. In the case of engravings, photographs, or other artistic works published with variations, application for registration of copyright may be made for each variety, and should be so worded as to closely differentiate the different issues.

Statement of address.

31. (1) Every application for the registration of a copyright, or performing right, shall be accompanied by a statement of address, or appointment of agent; and all notices, requisitions, and communications of every kind in connexion with an application may be sent by the Registrar to such address or agent.

(2) The address for service shall be within the Commonwealth, and, if the Registrar requires, in or near to the city in which the Copyright Office is situate.

2 a

Notice to be binding.

32. Any statement of address for service, or appointment of agent, left at or sent to, the Copyright Office shall be binding on the person giving the notice until notice of revocation, or of the appointment of some other address for service, or of some other agent, has been furnished by him to the Registrar.

Entry of interest on register.

33. (1) When any person becomes entitled to any registered copyright or performing right, by virtue of an assignment or transmission, or to any interest therein, a request for the entry of his name in the Register may be left at, or sent by post to, the Copyright Office.

(2) The request may be in accordance with Form I or Form J, as the case requires, and shall be made and signed by the person claiming to be registered as owner or licensee, or by his agent, and shall be accompanied by the deed or document upon which he bases his request for registration.

(3) An attested copy of every deed and document affecting the ownership of the copyright, or performing right, or of any licence thereunder, shall accompany the request.

(4) The Registrar, if satisfied with the request, shall register the assignment, transmission, or licence by entering particulars thereof in the proper Register.

Declarations.

34. (1) Declarations required for the purposes of these Regulations may be taken before any of the following persons:—

(a) In Australia.—A Notary Public, a Justice of the Peace, a Commissioner for Affidavits, or any person authorized by any Act or State Act to administer oaths or take declarations.

(b) In British Dominions other than Australia.—Any Judge, Magistrate, Justice of the Peace, Notary Public, or Commissioner for Oaths or Affidavits, or any person authorized by law to administer oaths or take declarations.

(c) In Foreign Countries.—Any Judge of a Supreme Court, British Consul or Consular Officer, or Notary Public of the foreign country in which the applicant may be, who is authorized by the laws of said country to administer oaths.

(2) The Registrar may take notice of the signature to any declaration, and of the signature of the person before whom it purports to have been declared, without proof of those signatures or of the official character of the person before whom the declaration purports to have been made.

Alteration of registers.

35. The Registers of Copyrights may be altered or amended by the Registrar in the following cases:—

(a) Where the error in entry has been made purely through the fault of the office; or

(b) Where the error in entry has been made through accident on the part of an applicant or his agent.

In the latter case, however, no amendment shall be made unless the owner of the copyright or performing right lodges at the Copyright Office a request to amend, accompanied by the prescribed fee.

Inspection of registers.

36. The Registers of Copyrights shall be open to the inspection of the public during office hours on every day during which the Copyright Office is open, except on the days and at the times following:—

(a) Days which are from time to time notified by a placard posted in a conspicuous place at the Copyright Office; and

(b) Times when the Registers are required for any purpose of official use.

 

Part II.—Royalty System (General).

Notice.

37. (1) The notice required by section three of the British Copyright Act shall contain the following particulars:—

(a) The name and address of the person intending to reproduce the work;

(b) the name of the work which it is intended to reproduce, and (if necessary) a description sufficient to identify it;

(c) the manner in which it is intended to reproduce the work (e.g.), whether by printing, lithography, photography, &c.;

(d) the price or prices at which it is intended to publish the work;

(e) the earliest date at which any of the copies will be delivered to the purchaser.

(2) The notice shall, not less than one month before any copies of the work are delivered to the purchaser, be sent by registered post or published by advertisement as follows:—

(a) If the name and an address within the Commonwealth of the owner of the copyright, or his agent for the receipt of notice, are known or can with reasonable diligence be ascertained, the notice shall be sent to the owner or agent at that address;

(b) if such name and address are not known and cannot, with reasonable diligence, be ascertained, the notice shall be advertised in the Gazette; the advertisement in the Gazette shall give the particulars required by paragraphs (a) and (b) of sub-regulation (1) of this Regulation, and shall also state an address from which a copy of the notice described in sub-regulation (1) of this Regulation may be obtained.

Payment of royalties.

38. (1) Unless otherwise agreed, royalties shall be payable by means of adhesive labels purchased from the owner of the copyright, and affixed to the copies of the work.

(2) After the person reproducing the work has given the prescribed notice of his intention to reproduce the work, the owner of the copyright shall, by writing sent by registered post, intimate to him some reasonably convenient place within the Commonwealth from which adhesive labels can be obtained, and, on demand in writing and tender of the price, shall supply from such place adhesive labels of the required denominations at a price equal to the amount of royalty represented thereby.

Copies not to be delivered until labels affixed.

39. Subject to these Regulations, no copy of the work shall be delivered to a purchaser until the label or labels denoting amount of royalty have been affixed thereto.

Adhesive labels not available.

40. (1) In cases where royalties are payable by means of adhesive labels, if at any time labels of the required denomination are not available either because—

(a) after the expiration of fourteen days from the date of the prescribed notice the owner of the copyright has not duly sent to the person reproducing the work an intimation of some reasonably convenient place within the Commonwealth from which such labels can be obtained; or

(b) the owner of the copyright refuses or neglects to supply such labels within fourteen days after demand duly made,

copies of the work may be delivered to purchasers without having labels affixed thereto, and the amount of royalties shall be a debt due by the person reproducing the work to the owner of the copyright, and the person reproducing the work shall keep an account of all such copies sold by him.

 

(2) For the purpose of this Regulation “the date of the prescribed notice” means—

(a) in cases when the notice is required to be sent by registered post, the date when the notice would in ordinary course of post be delivered;

(b) in cases when the notice is required to be advertised in the Gazette, the date of such advertisement.

Royalties payable otherwise than by adhesive labels.

41. Where royalties are by agreement payable in any other mode than by means of adhesive labels the time and frequency of the payment shall be such as are specified in the agreement.

Form of adhesive label.

42. The adhesive label, supplied as aforesaid shall be an adhesive paper label, square in shape, the design to be entirely enclosed within a circle, and the side of the label not to be greater than ¾ inch in length. The label shall not be in a form which resembles any postage stamp nor bear the effigy of the Sovereign or any other person, nor any word, mark, or design such as to suggest that the label is issued by or under the authority of the Government or any State Government for the purpose of denoting any duty payable to such Government.

Part III.—Royalty System (Mechanical Musical Contrivances).

Notice.

43. (1) The notice required by sub-section (2) of section nineteen of the British Copyright Act shall contain the following particulars:—

(a) The name and address of the person intending to make the contrivances;

(b) the name of the musical work which it is intended to reproduce and of the author (if known); and (if necessary) a description sufficient to identify the musical work;

(c) the class of contrivance on which it is intended to reproduce the musical work (e.g.)whether discs, cylinders or music rolls;

(d) the ordinary retail selling prices of the contrivances, and the amount of the royalty payable on each contrivance in respect of the musical work;

(e) the earliest date at which any of the contrivances will be delivered to the purchaser;

(f) whether any other work is to be reproduced on the same contrivance with the musical work specified in accordance with paragraph (b) .

(2) The notice shall, not less than ten days before any contrivances on which the musical work is reproduced are delivered to a purchaser, be sent by registered post or published by advertisement as follows:—

(a) If the name and an address within the Commonwealth of the owner of the copyright, or his agent for the receipt of notice, are known or can with reasonable diligence be ascertained, the notice shall be sent to the owner or agent at that address;

(b) if such name and address are not known and cannot with reasonable diligence be ascertained, the notice shall be advertised in the Gazette; the advertisement in the Gazette shall give the particulars required by paragraphs (a) and (b) of sub-regulation (1) of this Regulation, and shall also state an address from which a copy of the notice described in sub-regulation (1) of this Regulation may be obtained. Any number of musical works may be included in the same advertisement.

Payment of royalties.

44. (1) Unless otherwise agreed, royalties shall be payable by means of adhesive labels purchased from the owner of the copyright and affixed in the manner provided by this part of these Regulations.

(2) After the person making the contrivances has given the prescribed notice of his intention to make or sell the contrivances, the owner of the copyright shall by writing, sent by registered post, intimate to him some reasonably convenient place within the Commonwealth of Australia from which adhesive labels can be obtained, and on demand in writing and tender of the price shall supply from such place adhesive labels of the required denominations at a price equal to the amount of royalty represented thereby.

Contrivance not to be delivered without adhesive labels.

45. Subject to these Regulations no contrivance shall be delivered to a purchaser until such label or labels denoting the amount of royalty have been affixed thereto, or, in the case of cylinders to which it is not reasonably practicable to affix the labels, until such label or labels have been affixed to a carton or box enclosing the cylinder.

Adhesive label not available.

46. (1) In cases where royalties are payable by means of adhesive labels, if at any time labels of the required denominations are not available either because—

(a) after the expiration of five days from the date of the prescribed notice of the intention of the person making the contrivances to make or sell such contrivances the owner of the copyright has not duly sent to the person making the contrivances an intimation of some reasonably convenient place within the Commonwealth of Australia from which such labels can be obtained; or

(b) the owner of the copyright refuses or neglects to supply such labels within three days after demand duly made,

contrivances may be delivered to purchasers without having labels affixed thereto or to the carton or box enclosing the same; and the amount of royalties shall be a debt due by the person making the contrivances to the owner of the copyright, and the person making the contrivances shall keep an account of all such contrivances sold by him.

(2) For the purposes of this Regulation “the date of the prescribed notice” means—

(a) in cases where the notice is required to be sent by registered post, the date when the notice would in ordinary course of post be delivered;

(b) in cases where the notice is required to be advertised in the Gazette, the date of such advertisement.

Royalties on contrivances made before commencement of Act.

47. In cases where royalties are payable on contrivances made before the commencement of the Act, the person making such contrivances may give notice of his intention to sell them, containing mutatis mutandis the same particulars and given in the same manner as is prescribed by these Regulations in the case of the notice required by sub-section (2) of section nineteen of the British. Copyright Act.

Royalties payable otherwise than by adhesive labels.

48. Where royalties are by agreement payable in any other mode than by means of adhesive labels, the time and frequency of the payment shall be such as are specified in the agreement.

 

Form of adhesive label.

49. The adhesive label supplied as aforesaid shall be an adhesive paper label, square in shape, the design to be entirely enclosed within a circle, and the side of the label not to be greater than ¾-inch in length. The label shall not be in a form which resembles any postage stamp nor bear the effigy of the Sovereign or any other person, nor any word, mark, or design such as to suggest that the label is issued by or under the authority of the Government or any State Government for the purpose of denoting any duty payable to such Government.

Ordinary retail selling price.

50. The ordinary retail selling price of any contrivance shall be calculated at the marked or catalogued selling price of single copies to the public, or, if there is no such marked or catalogued selling price, at the highest price at which single copies are ordinarily sold to the public.

Inquiries.

51. (1) The inquiries referred to in sub-section (5) of section nineteen of the British Copyright Act shall be directed to the owner of the copyright by name, or (if his name is not known and cannot with reasonable diligence be ascertained) in general terms to “the owner of the copyright” of the musical work in respect of which the inquiries are made, and shall contain—

(a) a statement of the name of the musical work in respect of which the inquiries are made and of the author (if known), and (if necessary) a description sufficient to identify it;

(b) a statement of the name, address and occupation of the person making the inquiries;

(c) an allegation that a contrivance has previously been made by means of which the musical work may be mechanically performed, with the trade name (if known) and a description of such contrivance;

(d) an inquiry whether the contrivance so described was made with the consent or acquiescence of the owner of the copyright.

(2) The inquiries shall be sent by registered post or published by advertisement as follows:—

(a) If an address within the Commonwealth of the owner of the copyright is known, or can with reasonable diligence be ascertained, the inquiries shall be sent to such address; or

(b) if such address is not known and cannot with reasonable diligence be ascertained, the inquiries shall be advertised in the Gazette.

Time for reply.

52. The prescribed time for reply to such inquiries shall be:—

(a) in cases where the inquiries are required to be sent by registered post, seven days after the date when the inquiries would in ordinary course of post be delivered; and.

(b) in cases where the inquiries are required to be advertised in the Gazette, seven days after the date of such advertisement.

 

Part IV.—Repeal.

53. All Regulations, whether provisional or otherwise, heretofore made under the Act, and in force at the commencement of these Regulations are hereby repealed, save as to any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder.

THE FIRST SCHEDULE.

Fees.

s.	d.
1. On filing application for registration of copyright in a literary or musical work...............	5	0
2. On filing application for registration of copyright in an artistic work (except copyright in a photograph)	5	0
3. On filing application for registration of copyright in a dramatic work (except copyrights in an original cinematograph production) .........................................................................................	5	0
4. On filing application for registration of copyright in a photograph..................................	3	0
5. On filing application for registration of performing right in a musical or dramatic work...	5	0
6. On filing application for the registration of copyright in an original cinematograph production.	10	0
7. On filing application for the registration of the copyright in a mechanical contrivance for reproducing a musical work.............................................................................................................	10	0
8. On request to the Registrar to register an assignment, transmission, or licence, in connexion with a copyright or performing right.....................................................................................................	5	0
9. For inspection of the Register—for each entry searched for or inspected.........................	1	0
10. For certified copy of an entry in the Register...............................................................	5	0
11. On application to the Registrar for amendment of the Register under Section 36 of the Act.	5	0

SECOND SCHEDULE.

Index to Copyright Forms.

Page.
A. Application for registration of copyright in a published original literary, dramatic, musical, or artistic work.	10
A1. Application for registration of copyright in a published original literary, dramatic, musical, or artistic work. (By a firm) ...................................................................................................................................................................	11
A2. Application for registration of copyright in a published original literary, dramatic, musical, or artistic work. (By a body corporate) ................................................................................................................................................	12
A3. Application for the registration of copyright in a collective work. (By owner or his assignee, agent, or attorney) .	13
B. Application for registration of copyright in an unpublished original literary, dramatic, musical, or artistic work.	14
C. Application for registration of copyright in a photograph. (By the author or his assignee, agent, or attorney) .	15
C1. Application for registration of copyright in a photograph. (By a firm) ................................................	16
D. Application for registration of copyright in a published mechanical musical contrivance..................	17
E. Application for registration of copyright in an unpublished mechanical musical contrivance...........	18
F. Application for registration of the sole right to perform or authorize the performance of a musical or dramatic work..............................................................................................................................................................................	19
G. Statement of address.........................................................................................................................................	20
H. Appointment of agent.......................................................................................................................................	20
I. Request to enter name of subsequent owner of copyright upon the register of copyrights....................	21
J. Request to enter notification of licence or other document in the register of copyrights.......................	21
K. Application for amendment or alteration of the Register under Section 36 of the Act.........................	22
L. Search warrant under Section 16 (1) (a) of the Act.....................................................................................	22
M. Search warrant under Section 16 (1) (b) of the Act....................................................................................	23
N. Notice under Section 17 of the Act forbidding the performance of a musical or dramatic work.......	24

 

Copyrights.

FORM A.

Commonwealth of Australia.

Copyright Act 1912.

Application for Registration of Copyright in a published original Literary, Dramatic, Musical, or Artistic Work.

(By the author or authors, or his or their assignee, agent, or attorney.)

I/We (1) of (2)

(3) hereby make application for the registration

of the copyright in a (4)  work being a (5)

entitled (6)

I/We do hereby declare that the said (4) was first published in (*a part of His Majesty’s Dominions to which the Act extends or a foreign country to which an Order in Council under the Act relates) by at  on the and that such date was not later than fourteen days (or such further time as is fixed by law) after the date of its first publication elsewhere.

I/We do further declare that (7) the author of the said (4) work, and that I am/we are the owner of the copyright therein.

And I/we make this declaration conscientiously believing the statements contained therein to be true in every particular.

Declared at this day of 19  (8).

Before me (9)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name of Applicant (in full).

(2) Address.

(3) Occupation.

(4) State whether “Literary,” “Dramatic,” or “Musical,” or “Artistic” Work, as the case may be

(5) State whether “Book,” “Drama,” “Song,” “Painting,” “Work of Sculpture,” “Lecture,” &c. as the case may be.

(6) Title of Work (in full) or description sufficient to identify it.

(7) State the Name of the Author of the Work.

(8) Signature of Applicant.

(9) Signature of Person before whom the Declaration is made.

Note.—Where the applicant is the assignee from the author the applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested copy thereof.

* Strike out whichever is not needed.

 

Copyrights.

 FORM A1.

 Commonwealth of Australia.

Copyright Act 1912.

Application for Registration of Copyright in a published original Literary, Dramatic, Musical, or Artistic Work.

(By a Firm.)

(1)

doing business at (2)

and composed of the following members (3)

hereby applies for the registration of the copyright in a (4)

work, being a (5) entitled

(6)

and I (7) a member

of the firm of (1)

the applicant named herein, declare that the said (4)

work was first published in (*a part of His Majesty’s Dominions to which the Act extends or a foreign country to which an Order in Council under the Act relates) by

at

on the and that such date was not later than fourteen days (or such further time as is fixed by law) after the date of its first publication elsewhere.

I, the said (7) do further

declare that (8)

the author of the said (4) work, and that

the said firm of (1)

is the owner of the copyright therein.

And I, the said (7)

make this declaration conscientiously believing the statements contained therein to be true in every particular.

(9)

Declared at this day 19

Before me—(10)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name of Firm (in full),

(2) Place of Business.

(3) Name of individual Members of Firm (in full).

(4) State whether “Literary,” Dramatic,” “Musical,” or “Artistic” work, as the case may be

(5) State whether “Book,” “Drama,” “Song,” “Painting.” “Work of Sculpture,” &c., as the case may be.

(6) Title of Work (in full) or description sufficient to identify it

(7) Name (in full) of Member of Firm who makes the Declaration.

(8) State the Name of the Author of the Work.

(9) Signature of person authorized to sign the application.

(10) Signature of person before whom the Declaration is made.

Note.—Where the applicant is the Assignee from the Author, the Applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested Copy thereof.

* Strike out whichever is not needed.

 

Copyrights.

 FORM A2.

 Commonwealth of Australia.

Copyright Act 1912.

Application for Registration of Copyright in a published original Literary, Dramatic, Musical, or Artistic Work.

(By a body corporate.)

The (1)

a corporation duly organized under the laws of (2)

located at (3)

and having an established place of business at (4)

hereby applies for the registration of the copyright in a (5)

work, being a (6) entitled

(7)

and I (8)

declare that the said (5) work was first

published in (*a part of His Majesty’s Dominions to which the Act extends or a foreign country to which an Order in Council under the Act relates) by

at

on and that such date was not later than fourteen days (or such further time as is fixed by law) after the date of its first publication elsewhere.

I, the said (8) do further declare that (9)

the author of the said (5) work, and that

(1)

is the owner of the copyright therein.

And I, the said (8)

make this declaration conscientiously believing the statements contained therein to be true in every particular.

Seal of Company-

The Common Seal of (1)

was hereto affixed in the presence of (10)

Witness to signature of declarant— Signature of Declarant—

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name of Company (in full).

(2) Name of State or Country under whose laws Company is organized.

(3) State where Company is located.

(4) State where place of business is established.

(5) State whether “Literary,” “Dramatic,” “Musical,” or “Artistic” Work, as the case may be.

(6) State whether “Book,” “Drama,” “Song,” “Painting,” “Work of Sculpture,” &c., as the case may be.

(7) Title of Work (in full), or description sufficient to identify it.

(8) Name and Address of Secretary (or other officer) authorized to make Declaration.

(9) State the Name of the Author of the Work.

(10) Seal must be affixed with Signatures of Officers as prescribed by the Articles of Association of Company.

Note.—Where the Applicant is the Assignee from the Author, the Applicant must forward with the application each assignment or instrument by virtue of which it derives title, with an attested Copy thereof.

* Strike out whichever is not needed.

 

Copyrights.

 FORM A3.

Commonwealth of Australia.

Copyright Act 1912.

Application for the Registration of Copyright in a Collective Work.

(By the owner or owners or his or their assignee, agent, or attorney.)

(1)

hereby make application for the registration of (2) copyright

in a collective work being a (3) entitled (4)

I do hereby declare that the said (3)

was first published in (*a part of His Majesty’s Dominions to which the Act extends or a foreign country to which an Order in Council under the Act relates)

by

at

on the and that such date was not later than fourteen days (or such further time as is fixed by law) after the date of its first publication elsewhere.

I do further declare that (5)

is the owner of the copyright in the said (3)

And I make this declaration conscientiously believing the statements contained therein to be true in every particular.

(6)

Declared at this day of 19

Before me—(7)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name (in full), Address, and Occupation of Applicant. If application is made by an Agent or Attorney, evidence of authority to make the application must be furnished.

(2) “My,” “our,” “their,” or “its.”

(3) State whether “Encyclopædia,” “Dictionary,” “Year Book,” or similar work.

(4) Title of Work (in full), or description sufficient to identify it.

(5) Name of Owner of Collective Work.

(6) Signature of Applicant.

(7) Signature of person before whom the Declaration is made.

Note.—Where the Applicant is the Assignee from the Owner, the Applicant must forward with his application each assignment or instrument by virtue of which he derives his title with an Attested Copy thereof.

* Strike out whichever is not needed.

 

Copyrights.

 FORM B.

Commonwealth of Australia.

Copyright Act 1912.

Application for Registration of Copyright in an unpublished original Literary, Dramatic, Musical, or Artistic Work.

(By the author or authors, or his or their assignee, agent, or attorney.)

I/We (1) of (2)

(3) hereby make application for the registrations

of the copyright in a (4) work, being a (5)

entitled (6)

I/We declare that (7) the author of the said (4)

work, and at the time of the making thereof, viz., (8)

was (9)

I/We do further declare that I am/we are the owner of the copyright in the said (4) work.

And I/we make this declaration conscientiously believing the statements contained therein to be true in every particular.

Declared at this day of 19

(10)

Before me (11)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name of Applicant (in full).

(2) Address.

(3) Occupation.

(4) State whether “Literary,” “Dramatic,” “Musical,” or “Artistic” Work, as the case may be.

(5) State whether “Book,” “Song,” “Drama,” “Painting,” &c., as the case may be.

(6) State Title of Work in full, or description sufficient to identify it.

(7) Name of the Author of the Work.

(8) Fill in date of making of the negative in the case of a photograph.

(9) “A British Subject,” “Resident within a part of His Majesty’s Dominions to which the Act extends,” “a subject or citizen of a foreign country to which an Order-in-Council under the Act relates,” or “Resident in a foreign country to which an Order-in-Council under the Act relates,” as the case may be.

(10) Signature of Applicant.

(11) Signature of Person before whom the Declaration is made.

Note.—Where the applicant is the assignee from the author, the applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested copy thereof.

 

Copyrights.

 FORM C.

Commonwealth of Australia.

Copyright Act 1912.

Application for Registration of Copyright in a Photograph.

(By the author or authors, or his or their assignee, agent, or attorney.)

I/We (1) of (2)

(3) hereby make application for the registration

of the copyright in a photograph entitled (4)

I/We declare that (5) of (6)

the author of the said photograph, and at the time of the making of the original negative (viz. (7) ) from which it was directly or

indirectly derived * I or he was /we or they were (8)

I/we do further declare that I am/we are the owner of the copyright in the said photograph.

And I/We make this declaration conscientionsly believing the statements contained therein to be true in every particular.

(9)

Declared at this day of 19

Before me—(10)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name of Applicant (in full).

(2) Address.

(3) Occupation.

(4) Title of Photograph (in full), or description sufficient to identify it.

(5) State the name of the Author of the Work, or the Words “I am,” or “we are,” as the case requires.

(6) Here insert Address of Author if a person other than the Applicant.

(7) Fill in date of the making of the negative.

(8) “A British Subject,” “Resident within a part of His Majesty’s Dominions to which the Act extends,” “a Subject or Citizen of a foreign country to which an Order in Council under the Act relates,” or “Resident in a foreign country to which an Order in Council under the Act relates,” as the case may be.

(9) Signature of Applicant.

(10) Signature of person before whom the declaration is made.

Note.—Where the Applicant is the Assignee from the Author, the Applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested copy thereof.

* Strike out whichever is not needed.

 

Copyrights.

 FORM C1.

Commonwealth of Australia.

Copyright Act 1912.

Application for Registration of Copyright in a Photograph.

(By a Firm.)

(1)

doing business at (2)

and composed of the following members (3)

hereby applies for the registration of the copyright in a photograph entitled

(4)

and I (5) a member

of the firm of (1)

the applicant named herein, declare that (6)

of (7)

the author of the said photograph, and at the time of the making of the original negative (viz., (8)

from which it was directly or indirectly derived he was/they were (9)

I, the said (5) do further declare that the said firm of (1)

is the owner of the copyright in the said photograph.

And I, the said (5) make this

declaration conscientiously believing the statements contained therein to be true in every particular.

(10)

Declared at this day of 19

Before me—(11)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name of Firm (in full).

(2) Place of Business.

(3) Names of individual Members of Firm (in full).

(4) Title of Photograph (in full), or description sufficient to identify it.

(5) Name (in full) of Member of Firm who makes the Declaration.

(6) Here insert (in full) Name of Author of Photograph.

(7) Address of Author.

(8) Fill in Date of making of the negative.

(9) “A British Subject,” “Resident within a part of His Majesty’s Dominions to which the Act extends,” “a subject or citizen of a foreign country to which an Order in Council under the Act relates,” or “Resident in a foreign country to which an Order in Council under the Act relates,” as the case may be.

(10) Signature of person authorized to sign the application.

(11) Signature of person before whom the Declaration is made.

Note.—Where the Applicant is the Assignee from the Author, the Applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested Copy thereof.

 

Copyrights.

 FORM D.

Commonwealth of Australia.

Copyright Act 1912.

Application for Registration of Copyright in a published Mechanical Musical Contrivance.

(By the author or authors, or his or their assignee, agent, or attorney.)

I/We (1) of (2)

(3) hereby make application for the registration

of the copyright in a mechanical musical contrivance, being a (4)

for mechanically reproducing a musical work entitled (5)

by (6)

The original plate from which the said contrivance was directly or indirectly derived was made by (7) at (8)

on (9)

I declare that the said contrivance was first published in (*a part of His Majesty’s Dominions to which this Act extends or a foreign country to which an Order in Council under the Act relates) by

at on

and that such date was not later than fourteen days (or such further period as is fixed by law) after the date of its first publication elsewhere.

I/We do further declare that (10) the author of the said mechanical contrivance, and that I am/we are the owner of the copyright therein.

And I/we make this declaration conscientiously believing the statements contained

therein to be true in every particular.

Declared at this day of 19

(11)

Before me (12)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name of Applicant (in full).

(2) Address.

(3) Occupation.

(4) State whether “Disc.” “Cylinder,” “Roll,” &c., as the case may be.

(5) Title of Musical Work, and (if necessary) a description sufficient to identity it.

(6) State the Name of the Author of the Musical Work.

(7) State the Name of Maker of the Plate.

(8) State the Place where the original Plate was made.

(9) State date on which the original Plate was made.

(10) State the Name of the Author of the Contrivance.

(11) Signature of Applicant.

(12) Signature of Person before whom the Declaration is made.

Note.—Where the applicant is the assignee from the author, the applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested copy thereof.

* Strike out whichever is not needed.

C16923. B

 

Copyrights.

 FORM E.

Commonwealth of Australia.

Copyright Act 1912.

Application for Registration of Copyright in an unpublished Mechanical Musical Contrivance.

(By the author or authors, or his or their assignee, agent, or attorney.)

I/We (1) of (2)

(3) hereby make application for the registration

of the copyright in a mechanical musical contrivance, being a (4)

for mechanically reproducing a musical work entitled (5)

by (6)

The original plate from which the said contrivance was directly or indirectly derived was made by (7) at (8)

on (9)

I/We declare that (10) the author of the said contrivance,

and at the time of the making thereof was (11)

I/We do further declare that I am/we are the owner of the copyright in the said contrivance.

And I/we make this declaration conscientiously believing the statements contained therein to be true in every particular.

Declared at this day of 19

(12)

Before me (13)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name of Applicant (in full).

(2) Address.

(3) Occupation.

(4) State whether “Disc,” “Cylinder,” “Roll,” &c., as the case may be.

(5) Title of Musical Work, and (if necessary) a description sufficient to identify it.

(6) State the Name of the Author of the Musical Work.

(7) State the Name of the Maker of the Plate.

(8) State the Place where the original Plate was made.

(9) State the Date on which the original Plate was made.

(10) State the Name of the Author of the Contrivance.

(11) “A British Subject,” “resident within a part of His Majesty’s Dominions to which the Act extends,” “a subject or citizen of a foreign country to which an Order-in-Council under the Act relates,” or “Resident in a foreign country to which an Order-in-Council under the Act relates,” as the case may be.

(12) Signature of Applicant.

(13) Signature of Person before whom the Declaration is made.

Note.—Where the applicant is the assignee from the author, the applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested copy thereof.

 

Copyrights.

 FORM F.

Commonwealth of Australia.

Copyright Act 1912.

Application for Registration of the Sole Right to Perform or Authorize the Performance of a Musical or Dramatic Work.

I/We (1) of (2)

(3) hereby make application for the registration of the sole right to perform or authorize the performance in the Commonwealth of a (4)

work entitled (5)

I/We do hereby declare that (6) the author

of the said work, and that (7) the owner of the sole right to perform or authorize the performance of the said work.

And I/we make this declaration conscientiously believing the statements contained therein to be true in every particular.

Declared at this day of

(8)

(9)

Before me

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name of Applicant (in full).

(2) Address.

(3) Occupation.

(4) State whether “Musical” or “Dramatic” Work.

(5) Title of Work (in full).

(6) State the Name of the Author of the Work.

(7) If the Applicant is not the Author of the work, his title to apply for registration must be traced here.

(8) Signature of Applicant.

(9) Signature of Person before whom the Declaration is made.

Note.—The applicant must forward with his application each assignment or instrument through which he derives his title, with an attested copy thereof.

 

Copyrights.

 FORM G.

Commonwealth of Australia.

Copyright Act 1912.

Statement of Address.

Sir—

I hereby authorize and request you to send all notices, requisitions, and communications in connexion with my application for the registration of the copyright in my (1) entitled (2)

to (3)

Dated this day of a. d. 19

(9)

To the Registrar of Copyrights, Commonwealth of Australia.

Note.—a particular address must be given. An address such as “General Post-office, Melbourne,” will not be accepted.

(1) Here insert “Literary,” “Dramatic,” “Musical,” “Artistic” Work, or “Mechanical Musical Contrivance,” as the case requires.

(2) Title of work.

(3) Here insert Name and Full Address.

(4) Signature of Applicant in full.

  

Copyrights.

 FORM H.

Commonwealth of Australia.

Copyright Act 1912.

Appointment of Agent.

Sir—

I (1)

hereby nominate, constitute and appoint (2)

of (3) in the Commonwealth of Australia

(4) my agent (5)

for me in my name (6) registration of my

copyright in my (7) entitled (8)

and for that purpose to sign on my behalf all documents that my said agent may think necessary or desirable; and I further empower my said agent to alter and amend any documents, whether originally executed by me or on my behalf, in any manner which may be necessary.

Dated this day of a. d. 19

(9)

Witness—

To the Registrar of Copyrights, Commonwealth of Australia.

 

(1) Here insert (in full) Name, Address, and Occupation of Principal.

(2) Here insert (in full) Name of Agent.

(3) Here insert Full Address of Agent.

(4) Here insert Occupation of Agent.

(5) Principal may here insert the words “with full powers of substitution and revocation.”

(6) Here insert purpose for which Agent was appointed, such as “to apply for and obtain.”

(7) “Literary,” “Dramatic,” “Musical,” “Artistic” Work, or “Mechanical Musical Contrivance,” as the case requires.

(8) Title of Work.

(9) Signature of Applicant (in full).

 

Copyrights.

 FORM I.

Commonwealth of Australia.

Copyright Act 1912.

Request to enter name of subsequent owner of Copyright upon the Register of Copyrights.

Place

Date

I (1)

hereby request that you will enter my name in the Register of Copyrights as owner of the copyright in the (2) entitled

(3) which was entered in the Register of

(4) copyrights on the day of 19 .

I am entitled to the said copyright by virtue of (5)

And in proof whereof I transmit the accompanying (6)

with an attested copy thereof.

Dated this day of a. d. 19

(7)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Here insert (in full) Name, Address, and Occupation or Applicant.

(2) “Literary,” “Dramatic,” “Musical,” “Artistic” Work, or “Mechanical Musical Contrivance,” as the case requires.

(3) Title of Work.

(4) “Literary,” “Dramatic,” “Musical,” or “Artistic,” as the case requires.

(6) Here insert particulars showing how Transferee derives his Title.

(6) Here insert the Nature of the Document.

(7) To be signed by the Person applying for Registration of the Transfer.

 

Copyrights.

 FORM J.

Commonwealth of Australia.

Copyright Act 1912.

Request to enter notification of Licence or other Document in the Register of Copyrights.

Place

Date

I (1)

hereby transmit an attested copy of (2) under Copyright No. (3) which was entered in the Register of (4)

copyrights on the day of 19

I also enclose the original document for verification, and I have to request that a notification thereof may be entered in the Register

Dated this day of a. d. 19

(Signature.)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Here insert (in full) Name and Address.

(2) Here insert a description of the Nature of the Document.

(3) Here insert the Number of the Entry.

(4) “Literary,” “Dramatic,” “Musical,” or “Artistic,” as the case may be.

 

Copyrights.

 FORM K.

Commonwealth of Australia.

Copyright Act 1912.

Application for Amendment or Alteration of the Register under Section 36 of the Act.

I (1) of (2)

(3) the owner of Copyright No. (4)  which

was entered in the Register of (5) copyrights on the day of a. d. 19 , request that you will amend or alter the

Register in the following manner:—(6)

And I do hereby declare that the error arose through the following circumstances:—(7)

And I make this solemn declaration conscientiously believing the statements contained therein to be true in every particular.

Dated this day of a. d. 19

(8)

Declared before me at this

day of a. d. 19

(9)

To the Registrar of Copyrights, Commonwealth of Australia.

(1) Name (in full) of Registered Owner of Copyright or Performing Right.

(2) Address.

(3) Occupation.

(4) Here insert the Number of the Entry.

(5) “Literary,” “Dramatic,” “Musical,” or “Artistic,” as the case may be.

(6) Here set out desired Amendment or Alteration of the Register.

(7) Here furnish particulars of the circumstances under which the error arose.

(8) To be signed by the Registered Owner.

(9) To be signed by the Person before whom the Declaration is made.

 

Copyrights.

 FORM L.

Commonwealth of Australia.

Copyright Act 1912.

Search Warrant under Section 16 (1) (a) of the Act.

To a constable of police in the

State of and to all constables of police in the said State.

Whereas I am satisfied by evidence that there is reasonable ground for believing that infringing copies of (1) work, bearing the following title or description, viz: (2)

are being sold or offered for sale at (3)

in the State of (4) These are therefore to authorize and command you, in the King’s name, to seize the said alleged infringing copies of said work, and to bring them before (5)

Given under my hand and seal, at in the State of the day of a. d. 19

(l. s.)

A Justice of the Peace in the State of

(1) Here insert “Literary,” “Dramatic,” “Musical,” or “Artistic” Work, as the case requires.

(2) Here insert, sufficient for identification purposes, the Title, or a Description of the Literary Dramatic, Musical, or Artistic Work.

(3) Here insert Name of Town or Place.

(4) Here insert Name of State.

(5) Here specify the Court of Summary Jurisdiction before which the said alleged infringing copies are to be brought.

 

Copyrights.

 FORM M.

Commonwealth of Australia.

Copyright Act 1912.

Search Warrant under Section 16 (1) (b) of the Act.

To a constable of police in the

State of and to all constables of police in the said

State.

Whereas I am satisfied by evidence that there is reasonable ground for believing that infringing copies of a (1) work, bearing the following title or description, viz: (2)

are to be found in (3)

in the State of (4)

These are therefore to authorize and command you, in the King’s name, to

search, between sunrise and sunset, the said (5)

and to seize the said alleged infringing copies of the said (1)

work, or any copies reasonably suspected to be infringing copies of said work found by you therein, and to bring them before (6)

Given under my hand and seal, at in the State of the

day of a. d. 19

(l. s.)

A Justice of the Peace in the State of

(1) Here insert “Literary,” “Dramatic,” “Musical,” or “Artistic” Work, as the case requires.

(2) Here insert, sufficient for identification purposes, the Title or a description of the Literary, Dramatic, Musical, or Artistic Work.

(3) Here describe the House, Shop, or other Place where the alleged infringing copies are believed to be, and the Town or Place in which it is situated.

(4) Here insert Name of State.

(5) Here insert House, Shop, or Place, as the case requires.

(6) Here insert the Court of Summary Jurisdiction before which the said alleged infringing copies are to be brought.

 

Copyrights.

 FORM N.

Commonwealth of Australia.

Copyright Act 1912.

Notice under Section 17 of the Act forbidding the performance of a Musical or Dramatic Work.

To (1)

I hereby give you notice that (2)

am/is the registered owner of the sole right to perform a (3)

work entitled (4)

which right was registered in the Copyright Office on the day

of 19 , and that I have reasonable ground to believe that you are about to perform or take part in the performance of the said work at

(5) in infringement of the said sole right to perform.

I now give you notice, in accordance with section 17 of the Copyright Act 1912 (a copy of which section is indorsed on this notice), that I forbid the performance in public of the said work in infringement of the said sole right to perform, and that I require you to refrain from performing or taking part in the performance in public of the said work in infringement of the said sole right to perform at (5) or at any other place.

Dated the day of a. d. 19

(6)

(1) Here set out the Name, Description, and Address of the Person to whom notice is given.

(2) Here set out the Name, Description, and Address of the Owner of the sole right to perform.

(3) Here insert “Musical” or “Dramatic,” as the case requires.

(4) Here set out the title of the Musical or Dramatic Work.

(5) Here set out place where performance is believed to be about to take place.

(6) To be signed by the Owner of the sole right to perform or his Agent. If signed by the Agent, the words “Agent of the Owner of the sole right to perform appointed in writing” are to be added.

Note.—A copy of section 17 must be indorsed on this notice.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.