US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 9   Copyright amendments

Part 5   Duration of copyright in photographs

Copyright Act 1968

119   Applications to Copyright Tribunal for determination of reasonable compensation payable

 

(1) This item applies if an application is made to the Copyright Tribunal under item 118 for the determination of reasonable compensation to be paid by the owner of the copyright in a photograph to a person mentioned in paragraph 118(1)(b).

      

(2) The parties to the application are:

(a) the owner of the copyright; and

(b) the person mentioned in that paragraph.

      

(3) The Tribunal must consider the application and, after giving to the parties an opportunity of presenting their cases, must make an order determining the amount of compensation that it considers to be reasonable in all of the circumstances.

      

(4) In this item:

owner , in relation to the copyright in a photograph at a particular time in respect of a particular act, includes an exclusive licensee of the copyright in the photograph at that time in respect of that act.