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52 United Nations Treaty Series

1950

AND WHEREAS it is desirable to provide protection within the Commonwealth of Australia for literary or artistic works first published in the United States of America during the period commencing on the third day of September, One thousand nine hundred and thirty-nine, and ending one year after the termination of all wars in which His Majesty is engaged at the commencement of this Order which have failed to accomplish the formalities prescribed by the Imperial Copyright Act by reason of conditions arising out of the wars in which His Majesty is engaged at the commencement of this Order:

Now THEREFORE I, William John McKell, the Governor-General aforesaid, acting with the advice of the Federal Executive Council, hereby order as follows :1. The Imperial Copyright Act shall, subject to the provisions of that Act and of this order, apply to works first published in the United States of America during a period commencing on the third day of September, One thousand nine hundred and thirty-nine, and ending one year after the termination of all the wars in which His Majesty is engaged at the commencement of this Order which have not been re-published in the Commonwealth of Australia within fourteen days after the publication in the United States of America, in like manner as if they had first been published within the Commonwealth of Australia. 2. The enjoyment by any such work of the rights conferred by the Imperial Copyright Act shall be conditional upon publication of the work within the Commonwealth of Australia not later than one year after the date of termination of all the wars in which His Majesty is engaged at the commencement of this Order and shall commence from and after that publication, which shall not be colourable only but shall be intended to satisfy the reasonable requirements of the public. 3. The provisions of section forty of the Copyright Act 1912-1935 as to delivery of books to the Librarian of the Parliament shall apply to works to which this Order relates upon their publication in the Commonwealth of Australia. 4. Nothing in this Order shall be construed so as to deprive any work of any rights which have been lawfully acquired under the provisions of the Imperial Copyright Act or any Order thereunder. 5. Where any person has, before the commencement of this Order, taken any action whereby he has incurred any expenditure or liability in connexion with the reproduction or performance of any work which at the time was lawful, or for the purpose of or with a view to the reproduction or performance of a work at a time when that reproduction or performance would, but for the making of this Order, have been lawful, nothing in this Order shall diminish or prejudice any rights or interest arising through or in connexion with that action which were subsisting and valuable before the commencement of this Order, unless a person who, by virtue of this Order, becomes entitled to restrain that reproduction or performance agrees to pay such compensation as, failing agreement, is determined by arbitration. No. 909

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