The definition of "cinematograph film" in Section 1 of the Copyright Act states that a cinematograph film "includes the sounds embodied in a sound-track associated with the film". "Sound-track" in this context means that part of a cinematograph film which incorporates sounds heard when the film is exhibited. However, it is customary at the present time for records of music and other sounds embodied in the sound-track of a film to be distributed in the audio market in the form of discs, tapes, etc. ("records").
Section 16(2) in effect provides that when a soundtrack record is used (i.e. broadcast, performed in public and the like) such use cannot constitute an infringement of the copyright in the cinematograph film. This provision takes cognisance of the situation in the marketplace and recognises that a sound-track record is a separate commercial commodity to the film and is indeed a separate work for purposes of copyright. Obviously the making of the soundtrack record will impact upon the copyright in the cinematograph film but once the record has been made and released its further use has no bearing on the copyright in the cinematograph film.
