9Status as eligible publisher

9 Status as eligible publisher

(1) A person’s status as an eligible publisher is not affected solely because a subsequent edition of the book is published. (2) A person’s status as an eligible publisher is not affected solely because of a dealing about the right to publish a subsequent edition of the book (for example, the licensing of the production of a subsequent edition). (3) However, an eligible publisher of a book (the former publisher) ceases to be an eligible publisher if: (a) it transfers the rights to publish the book to another publisher (the new publisher); and (b) the Committee decides, in writing, that the new publisher has taken on the function of publishing the book in Australia. (4) The former publisher ceases to be an eligible publisher of the book from the date of transfer. (5) If the new publisher wishes to be considered for a payment under this scheme for the book, the new publisher must: (a) tell the Committee, in writing, that it has acquired the rights to publish the book; and (b) give the Committee any information it needs to determine whether the new publisher is an eligible publisher.

Note: If the Committee determines that the new publisher is an eligible publisher, this scheme applies as if a claim for the book made by the former publisher had been made by the new publisher: see s 21(3).