9Notice of intended making of record of musical work

#### 9 Notice of intended making of record of musical work (1) For the purposes of paragraph 55(1)(b) of the Act, the prescribed notice of the intended making of a record of a musical work is a written notice given in accordance with this section by the person (the intending maker) intending to make the record. How notice is given (2) The notice must be given: (a) by service of the notice on: (i) the owner of the copyright in the work, if the owner is Australian‑based; or (ii) an Australian‑based person who has been appointed by the owner of that copyright as the owner’s agent for the purpose of receiving notices under section 55 of the Act; or (b) if the intending maker does not know the name, or an address for service, of the owner or of an agent described in subparagraph (a)(ii)—by: (i) publication of the notice in the Gazette; and (ii) if the notice published does not include the information described in subsection (4)—giving that information to the owner or such an agent on application made by the owner or agent. Content of notice (3) The notice must set out: (a) that a person specified in the notice intends to make in Australia a record of the musical work or of part of the musical work; and (b) how the intending maker may be contacted; and (c) the title (if any) of the work and, if that title does not enable the work to be identified, a description of the work that enables the work to be identified; and (d) a statement of the fact (if true) that the record is to comprise a performance of the work in which words are sung, or are spoken incidentally to or in association with the music; and (e) the name of the author of the work, if that is known to the intending maker; and (f) how the information described in subsection (4) may be obtained from a place in Australia if the notice is published as described in paragraph (2)(b) and does not contain that information. (4) The notice must, if given as described in paragraph (2)(a), or may, if published as described in paragraph (2)(b), set out: (a) any details known to the intending maker that are needed to enable the owner of the copyright to identify a previous record of the musical work referred to in paragraph 55(1)(a) of the Act; and (b) whether the record that is intended to be made is to be a disc, tape, paper or other device; and (c) the trade description intended to be placed on the label of the record and the proposed trade prefix and catalogue number of the record; and (d) the date on which it is proposed to offer or expose the record for sale to the public in Australia; and (e) the proposed selling price to the public of the record; and (f) the amount of the royalty that the intending maker estimates will be payable to the owner of the copyright for the record.