11Inquiries relating to previous records of musical works—section 61 of the Act

#### 11 Inquiries relating to previous records of musical works—section 61 of the Act (1) For the purposes of section 61 of the Act, this section prescribes: (a) how inquiries relating to the previous making or import of a record of a musical work are to be made; and (b) the period for receiving an answer to inquiries. Who is to be asked (2) The inquiries must be made of: (a) the owner of the copyright in the musical work; and (b) if words consisting or forming part of a literary or dramatic work were sung or spoken in the musical work, the owner of the copyright in the literary or dramatic work. How inquiries are to be made (3) Inquiries must be made in writing. (4) Inquiries of an Australian‑based owner of copyright must be given to the owner. (5) However: (a) if the owner has appointed an Australian‑based person as the owner’s agent for the purpose of answering inquiries made under section 61 of the Act, the inquiries may be given to the agent; and (b) if a person wishing to make inquiries of an owner does not know the name, or an address for service, of the owner or of such an agent, the inquiries must be published in the Gazette. Content of inquiries (6) The inquiries must set out: (a) the name of the person making the inquiries and how the person may be contacted; and (b) the title (if any) of the musical, literary or dramatic work concerned and, if the title does not enable the work to be identified, a description of the work that enables the work to be identified; and (c) the name of the author, if the person making the inquiries knows it; and (d) if the inquiries relate to a particular record—sufficient information to enable the record to be identified; and (e) an inquiry whether a record of the musical work, or of the musical work in which words consisting or forming part of the literary or dramatic work were sung or spoken, has previously been made in, or imported into, Australia: (i) by, or with the licence of, the owner of the copyright in the musical work or in the literary or dramatic work; or (ii) for the purpose of retail sale; or (iii) for use in making other records for the purpose of retail sale. Period for answering inquiries (7) The period for receiving an answer to inquiries is 10 days after: (a) the inquiries were given (except by post) or published; or (b) if the inquiries were given by post—the day the inquiries would be delivered in the ordinary course of post.