7Copyright in certain sound recordings may include right to broadcast the recording

#### 7 Copyright in certain sound recordings may include right to broadcast the recording (1) This regulation applies to a published sound recording if: (a) under the Act, copyright subsists in the recording by reason only of the operation of these Regulations, or the operation of these Regulations and subsection 89(3) of the Act; and (b) either: (i) the recording has been published in Australia; or (ii) a period of 7 weeks has elapsed from the date of the first publication of the recording and the recording is not a performance‑related recording. > Note: A sound recording first published in a foreign country could, under subsection 29(5) of the Act, be a sound recording that is taken to be first published in Australia, to which subsection 89(3) of the Act applies. (2) Copyright that subsists in the recording includes the exclusive right to broadcast the recording, only if: (a) the maker of the recording was, at the time when the recording was made: (i) a citizen or national of a Schedule 3 country; or (ii) a person resident in, or a body corporate incorporated under the law of, a Schedule 3 country; or (b) the recording was made in a Schedule 3 country. (3) For this regulation, a recording is a performance‑related recording if: (a) the recording consists of, or includes, a musical work in which copyright subsists; and (b) the musical work: (i) was made for the purpose of being performed, or has been performed, in association with a dramatic work; or (ii) has been included in a cinematograph film; and (c) recordings of the musical work have not been supplied (whether by sale or otherwise) to the public in Australia. (4) For paragraph (3)(c), a supply of recordings of a musical work is disregarded if the supply was done otherwise than by, or with the licence of, the owner of the copyright in the work. (5) The application of section 105 of the Act by these Regulations is modified by the operation of this regulation.