COPYRIGHT ACT 1968 - Updated as at 29 March 1995 [Table of Amendments appended to end of this instrument] COPYRIGHT ACT 1968 - TABLE OF PROVISIONS TABLE OF PROVISIONS Section PART I - PRELIMINARY 1. Short title 2. Commencement 4. Extension to external Territories 5. Exclusion of Imperial Copyright Act, 1911 6. Repeal of Copyright Acts 7. Act to bind the Crown 8. Copyright not to subsist except by virtue of this Act 8A. Prerogative rights of the Crown in the nature of copyright 9. Operation of other laws PART II - INTERPRETATION 10. Interpretation 10A. Declarations and notices relating to certain bodies and institutions 11. Residence in a country not affected by temporary absence 12. References to Parliament 13. Acts comprised in copyright 14. Acts done in relation to substantial part of work or other subject-matter deemed to be done in relation to the whole 15. References to acts done with licence of owner of copyright 16. References to partial assignment of copyright 17. Statutory employment 18. Libraries established or conducted for profit 19. References to Copyright Act, 1911 20. Names under which work is published 21. Reproduction of works 22. Provisions relating to the making of a work or other subject-matter 23. Sound recordings and records 24. References to sounds and visual images embodied in an article 25. Provisions relating to broadcasting 26. References to transmission to subscribers to a diffusion service 27. Performance 28. Performance of works or other subject-matter in the course of educational instruction 29. Publication 30. Ownership of copyright for particular purposes S. 30A. (Not in operation - see Note 2) PART III - COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS Division 1 - Nature, Duration and Ownership of Copyright in Works 31. Nature of copyright in original works 32. Original works in which copyright subsists 33. Duration of copyright in original works 34. Duration of copyright in anonymous and pseudonymous works 35. Ownership of copyright in original works Division 2 - Infringement of Copyright in Works 36. Infringement by doing acts comprised in the copyright 37. Infringement by importation for sale or hire 38. Infringement by sale and other dealings 39. Infringement by permitting place of public entertainment to be used for performance of work 39A. Infringing copies made on machines installed in libraries and archives Division 3 - Acts not Constituting Infringements of Copyright in Works 40. Fair dealing for purpose of research or study 41. Fair dealing for purpose of criticism or review 42. Fair dealing for purpose of reporting news 43. Reproduction for purpose of judicial proceedings or professional advice 43A. Back-up copy of computer program 44. Inclusion of works in collections for use by places of education 44A. Importation etc. of books 44B. Reproduction of writing on approved label for containers for chemical product Division 4 - Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works 45. Reading or recitation in public or for a broadcast 46. Performance at premises where persons reside or sleep 47. Reproduction for purpose of broadcasting 47A. Sound broadcasts by holders of print-handicapped radio licences Division 5 - Copying of Works in Libraries 48. Interpretation 48A. Copying by Parliamentary libraries for members of Parliament 49. Copying by libraries and archives for users 50. Copying by libraries or archives for other libraries or archives 51. Copying of unpublished works in libraries or archives 51AA. Copying of works in Australian Archives 51A. Copying of works for preservation and other purposes 52. Publication of unpublished works kept in libraries 53. Application of Division to illustrations accompanying articles and other works Division 6 - Recording of Musical Works 54. Interpretation 55. Conditions upon which manufacturer may make records of musical work 57. Provisions relating to royalty where 2 or more works are on the one record 59. Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work 60. Records made partly for retail sale and partly for gratuitous disposal 61. Making inquiries in relation to previous records 64. Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records Division 7 - Acts not Constituting Infringements of Copyright in Artistic Works 65. Sculptures and certain other works in public places 66. Buildings and models of buildings 67. Incidental filming or televising of artistic works 68. Publication of artistic works 69. Artistic works transmitted to subscribers to a diffusion service 70. Reproduction for purpose of including work in television broadcast 72. Reproduction of part of work in later work 73. Reconstruction of buildings Division 8 - Designs 74. Corresponding design 75. Copyright protection where corresponding design registered 76. False registration of industrial designs 77. Application of artistic works as industrial designs without registration of the designs Division 9 - Works of Joint Authorship 78. References to all of joint authors 79. References to any one or more of joint authors 80. References to whichever of joint authors died last 81. Works of joint authorship published under pseudonyms 82. Copyright to subsist in joint works without regard to any author who is an unqualified person 83. Inclusion of joint works in collections for use in places of education PART IV - COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS Division 1 - Preliminary 84. Interpretation Division 2 - Nature of Copyright in Subject-Matter other than Works 85. Nature of copyright in sound recordings 86. Nature of copyright in cinematograph films 87. Nature of copyright in television broadcasts and sound broadcasts 88. Nature of copyright in published editions of works Division 3 - Subject-Matter, other than Works, in which Copyright Subsists 89. Sound recordings in which copyright subsists 90. Cinematograph films in which copyright subsists 91. Television broadcasts and sound broadcasts in which copyright subsists 92. Published editions of works in which copyright subsists Division 4 - Duration of Copyright in Subject-Matter other than Works 93. Duration of copyright in sound recordings 94. Duration of copyright in cinematograph films 95. Duration of copyright in television broadcasts and sound broadcasts 96. Duration of copyright in published editions of works Division 5 - Ownership of Copyright in Subject-Matter other than Works 97. Ownership of copyright in sound recordings 98. Ownership of copyright in cinematograph films 99. Ownership of copyright in television broadcasts and sound broadcasts 100. Ownership of copyright in published editions of works Division 6 - Infringement of Copyright in Subject-Matter other than Works 100A. Interpretation 101. Infringement by doing acts comprised in copyright 102. Infringement by importation for sale or hire 103. Infringement by sale and other dealings 103A. Fair dealing for purpose of criticism or review 103B. Fair dealing for purpose of reporting news 103C. Fair dealing for purpose of research or study 104. Acts done for purposes of judicial proceeding 104A. Acts done by Parliamentary libraries for members of Parliament 105. Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast 106. Causing sound recording to be heard at guest house or club 107. Making of a copy of the sound recording for purpose of broadcasting 108. Copyright in published recording not infringed by public performance if equitable remuneration paid 109. Copyright in published sound recording not infringed by broadcast in certain circumstances 110. Provisions relating to cinematograph films 110A. Copying of unpublished sound recordings and cinematograph films in libraries or archives 110B. Copying of sound recordings and cinematograph films for preservation and other purposes 111. Filming or recording broadcasts for private and domestic use 112. Reproductions of editions of work 112A. Importation and sale etc. of books 112B. Reproduction of writing on approved label for containers for chemical product Division 7 - Miscellaneous 113. Copyrights to subsist independently PART V - REMEDIES FOR INFRINGEMENTS OF COPYRIGHT Division 1 - Preliminary 114. Interpretation Division 2 - Actions by Owner of Copyright 115. Actions for infringement 116. Rights of owner of copyright in respect of infringing copies Division 3 - Proceedings where Copyright is subject to Exclusive Licence 117. Interpretation 118. Application 119. Rights of exclusive licensee 120. Joinder of owner or exclusive licensee as a party 121. Defences available against exclusive licensee 122. Assessment of damages where exclusive licence granted 123. Apportionment of profits between owner and exclusive licensee 124. Separate actions in relation to the same infringement 125. Liability for costs Division 4 - Proof of facts in civil actions 126. Presumptions as to subsistence and ownership of copyright 127. Presumptions in relation to authorship of work 128. Presumptions in relation to publisher of work 129. Presumptions where author has died 130. Evidence in relation to recordings 131. Presumption in relation to maker of film Division 4A - Jurisdiction and Appeals 131A. Exercise of jurisdiction 131B. Appeals 131C. Jurisdiction of Federal Court of Australia Division 5 - Offences and Summary Proceedings 132. Offences 133. Penalties 133A. Advertisement for supply of infringing copies of computer programs Division 6 - Miscellaneous 134. Limitation of actions in respect of infringement of copyright 134A. Affidavit evidence of subsistence and ownership of copyright Division 7 - (section 134B) (Not in operation - see Note 2) 135. Restriction of importation of printed copies of works 135AA-135AK. (Not in operation - see Note 2) PART VA - COPYING OF BROADCASTS BY EDUCATIONAL AND OTHER INSTITUTIONS Division 1 - Preliminary 135A. Interpretation 135B. Copies of broadcasts 135C. Student of an institution 135D. Operation of collecting society rules Division 2 - Copying of broadcasts 135E. Copying of broadcasts by educational institutions etc. 135F. Preview copies 135G. Remuneration notices 135H. Records notices 135J. Sampling notices 135K. Marking and record keeping requirements 135L. Inspection of records etc. 135M. Revocation of remuneration notice 135N. Request for payment of equitable remuneration Division 3 - The collecting society 135P. The collecting society 135Q. Revocation of declaration 135R. Annual report and accounts 135S. Amendment of rules Division 4 - Interim copying 135T. Appointment of notice holder 135U. Copying before declaration of collecting society 135V. Preview copies 135W. Notices by administering bodies 135X. Marking and record keeping requirements 135Y. Effect of declaration of collecting society Division 5 - Miscellaneous 135Z. Relevant copyright owner may authorise copying 135ZA. Copyright not to vest in copier PART VB - COPYING OF WORKS ETC. BY EDUCATIONAL AND OTHER INSTITUTIONS Division 1 - Preliminary 135ZB. Interpretation 135ZC. Eligible items and photographic versions 135ZD. Student of an institution 135ZE. Part does not apply to computer programs 135ZF. Operation of collecting society rules Division 2 - Copying of works by educational institutions 135ZG. Multiple copying of insubstantial portions of works 135ZH. Copying of published editions by educational institutions 135ZJ. Multiple copying of periodical articles by educational institutions 135ZK. Multiple copying of works published in anthologies 135ZL. Multiple copying of works by educational institutions 135ZM. Application of Division to certain illustrations Division 3 - Copying of works by institutions assisting handicapped readers 135ZN. Copying of published editions by institutions assisting handicapped readers 135ZP. Multiple copying of works by institutions assisting handicapped readers 135ZQ. Making of relevant reproductions by institutions assisting handicapped readers Division 4 - Copying of works etc. by institutions assisting intellectually handicapped persons 135ZR. Copying of published editions by institutions assisting intellectually handicapped persons 135ZS. Copying of eligible items by institutions assisting intellectually handicapped persons 135ZT. Making of copies for use in making intellectually handicapped person's copies Division 5 - Equitable remuneration 135ZU. Remuneration notices 135ZV. Records notices 135ZW. Sampling notices 135ZX. Marking and record keeping requirements 135ZY. Inspection of records etc. 135ZZ. Revocation of remuneration notice 135ZZA. Request for payment of equitable remuneration Division 6 - Collecting societies 135ZZB. Collecting societies 135ZZC. Revocation of declaration 135ZZD. Annual report and accounts 135ZZE. Amendment of rules Division 7 - Miscellaneous 135ZZF. Rights of copyright owners 135ZZG. Copyright not to vest in copier 135ZZH. Unauthorised use of copies PART VI - THE COPYRIGHT TRIBUNAL Division 1 - Preliminary 136. Interpretation 137. Cases to which licence schemes apply Division 2 - Constitution of the Tribunal 138. Constitution of Tribunal 139. Appointment of members of Tribunal 140. Qualifications of members 141. Tenure of office 142. Acting President 143. Remuneration and allowances 144. Oath or affirmation of office 144A. Disclosure of interests by members 144B. Removal from office for failure to disclose interest 145. Resignation 146. Sittings of the Tribunal 147. President to arrange business of Tribunal Division 3 - Inquiries by, and Applications and References to, the Tribunal 149. Applications to Tribunal for determination of remuneration payable for making recording or film of a work 149A. Applications to Tribunal under section 47A 150. Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording 151. Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording 152. Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings 152A. Applications to Tribunal for determination of amount of royalty payable for recording musical works 152B. Applications to Tribunal for determination of manner of paying royalty 153. Applications to Tribunal for apportionment of royalty in respect of a record 153A. Applications to Tribunal under section 135H or subsection 135J (1) 153B. Applications to Tribunal under subsection 135J (3) 153C. Applications to Tribunal under section 135ZV or subsection 135ZW (1) 153D. Applications to Tribunal under subsection 135ZW (3) 154. Reference of proposed licence schemes to Tribunal 155. Reference of existing licence schemes to Tribunal 156. Further reference of licence schemes to Tribunal 157. Application to Tribunal in relation to licences 158. Effect of licence scheme being continued in operation pending order of the Tribunal 159. Effect of order of Tribunal in relation to licences 160. Interim orders 161. Reference of questions of law to Federal Court of Australia 162. Agreements or awards not affected Division 4 - Procedure and Evidence 163. Proceedings to be in public except in special circumstances 163A. Application may be made to Tribunal by the agent of the copyright owner 164. Procedure 165. Mistakes or errors in orders of the Tribunal 166. Regulations as to procedure 167. Power to take evidence on oath 168. Evidence in form of written statement 169. Representation Division 5 - Miscellaneous 170. Secretary and other staff 171. Protection of members, barristers and witnesses 172. Disobedience to summons etc. 173. Contempt of Tribunal etc. 174. Costs of proceedings 175. Proof of orders of Tribunal PART VII - THE CROWN 176. Crown copyright in original works made under direction of Crown 177. Crown copyright in original works first published in Australia under direction of Crown 178. Crown copyright in recordings and films made under direction of Crown 179. Provisions relating to ownership of copyright may be modified by agreement 180. Duration of Crown copyright in original works 181. Duration of Crown copyright in recordings and films 182. Application of Parts III and IV to copyright subsisting by virtue of this Part 182A. Copyright in statutory instruments and judgments etc. 183. Use of copyright material for the services of the Crown PART VIII - EXTENSION OR RESTRICTION OF OPERATION OF ACT 184. Application of Act to countries other than Australia 185. Denial of copyright to citizens of countries not giving adequate protection to Australian works 186. Application of Act to international organizations 187. Original works made or first published by international organizations 188. Subject-matter, other than original works, made or first published by international organizations PART IX - FALSE ATTRIBUTION OF AUTHORSHIP 189. Interpretation 190. Duty not to attribute falsely the authorship of a work 191. Duty not to attribute falsely the authorship of altered work 192. Duty not to attribute falsely the authorship of reproduction of artistic work 193. Breach of duty not committed if act done outside Australia or done with permission 194. Action for breach of duty 195. Saving of other rights and remedies 195AA. Jurisdiction of Federal Court of Australia PART X - MISCELLANEOUS 195A. Interpretation 195B. Review of certain decisions 196. Assignments and licences in respect of copyright 197. Prospective ownership of copyright 198. Copyright to pass under will with unpublished work 199. Reception of broadcasts 200. Use of works and broadcasts for educational purposes 200AA. Use of broadcasts by institutions assisting intellectually handicapped persons 201. Delivery of library material to the National Library 202. Groundless threats of legal proceedings 203. Limitation on power of courts to grant relief in proceedings under this Act 203A. Retention of declarations in relation to copies made by libraries, archives or institutions 203D. Arrangement of declarations and records 203E. Inspection of records and declarations retained by libraries, archives or institutions 203F. Additional offences in relation to the making and retention of records and declarations 203H. Notation of certain copies etc. PART XI - TRANSITIONAL Division 1 - Preliminary 204. Interpretation 205. References to making of works, recordings and films 206. References in other laws or instruments to copyright 207. Application 208. Authorship of photographs 209. Publication Division 2 - Original Works 210. Expired copyright not to revive 211. Original works in which copyright subsists 212. Duration of copyright in photographs 213. Ownership of copyright 214. Infringement by importation, sale and other dealings 215. Recording of musical works 216. Publication of artistic works 217. Reconstruction of buildings 218. Industrial designs 219. Reproduction of work upon payment of royalties Division 3 - Subject-Matter other than Works 220. Sound recordings 221. Cinematograph films 222. Application of Act to dramatic works and photographs comprised in cinematograph films 223. Television broadcasts and sound broadcasts 224. Published editions of works 225. Infringement by importation, sale and other dealings Division 4 - Miscellaneous 226. Actions for infringement 227. Infringing copies 228. Actions where copyright subject to exclusive licence 229. Offences and summary proceedings 230. Limitation of actions 231. Restriction of importation of printed copies of works 232. References and applications to Tribunal in relation to licence schemes 233. Duration of Crown copyright in photographs 234. Duration of Crown copyright in recordings 235. Crown copyright in films 236. Works made or published by international organizations 237. Subject-matter, other than original works, made or published by international organizations 238. False attribution of authorship of work 239. Assignments and licences 240. Bequests 241. Delivery of library material to National Library 242. Groundless threats of legal proceedings Division 5 - Works Made before 1 July, 1912 243. Interpretation 244. Application 245. Rights conferred by Copyright Act, 1911 246. Performing rights 247. Contributions to periodicals 248. Assignments and licences PART XIA - PERFORMERS' PROTECTION Division 1 - Preliminary 248A. Interpretation 248B. Educational purposes 248C. Exempt recordings cease to be exempt recordings in certain circumstances 248CA. (Not in operation - see Note 2) 248D. Private and domestic use 248E. References to transmission to subscribers to a diffusion service 248F. Application Division 2 - Actions by performers 248G. What constitutes unauthorised use 248H. Copying sound recordings for broadcasting 248J. Actions for unauthorised use 248K. Exercise of jurisdiction 248L. Appeals 248M. Jurisdiction of Federal Court 248N. Right to bring an action not assignable Division 3 - Offences 248P. Offences involving unauthorised recording, broadcasting etc. of performances 248Q. Other offences in relation to performances 248QA, 248QB. (Not in operation - see Note 2) 248R. Penalties 248S. Prosecutions for offences 248T. Destruction or delivery up of unauthorised recordings Division 4 - Extension of protection to foreign countries 248U. Application to foreign countries 248V. Denial of protection to citizens of countries not giving adequate protection to Australian performances PART XII - REGULATIONS 249. Regulations THE SCHEDULE OATH AND AFFIRMATION COPYRIGHT ACT 1968 - LONG TITLE An Act relating to copyright and the protection of certain performances, and for other purposes COPYRIGHT ACT 1968 - PART 1 PART I - PRELIMINARY COPYRIGHT ACT 1968 - SECT 1 Short title 1. This Act may be cited as the Copyright Act 1968.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER . COPYRIGHT ACT 1968 - SECT 2 Commencement 2. This Act shall come into operation on a date to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER . COPYRIGHT ACT 1968 - SECT 4 Extension to external Territories 4. This Act extends to every external Territory. COPYRIGHT ACT 1968 - SECT 5 Exclusion of Imperial Copyright Act, 1911 5. (1) This Act operates to the exclusion of the Copyright Act, 1911. (2) For the purposes of section 8 of the Acts Interpretation Act 1901-1966, the Copyright Act, 1911 shall be deemed to be an Act passed by the Parliament of the Commonwealth and to be repealed by this Act, and the enactment of Part XI shall not be taken to affect the operation of section 8 of the Acts Interpretation Act 1901-1966 as it operates by virtue of this subsection in relation to matters to which that Part does not apply. COPYRIGHT ACT 1968 - SECT 6 Repeal of Copyright Acts 6. The following Acts are repealed: Copyright Act 1912; Copyright Act 1933; Copyright Act 1935; Copyright Act 1963. COPYRIGHT ACT 1968 - SECT 7 Act to bind the Crown 7. Subject to Part VII, this Act binds the Crown but nothing in this Act renders the Crown liable to be prosecuted for an offence. COPYRIGHT ACT 1968 - SECT 8 Copyright not to subsist except by virtue of this Act 8. Subject to section 8A, copyright does not subsist otherwise than by virtue of this Act. COPYRIGHT ACT 1968 - SECT 8A Prerogative rights of the Crown in the nature of copyright 8A. (1) Subject to subsection (2), this Act does not affect any prerogative right or privilege of the Crown. (2) Where a right or privilege of the Crown by way of copyright subsists in a work or published edition of a work, a person does not infringe that right or privilege by doing, or authorizing the doing of, an act in relation to the work or edition without the licence of the Crown if, assuming that that right or privilege of the Crown did not subsist in the work or edition, but copyright subsisted under this Act in the work or edition and was owned by a person other than the Crown, the person would not infringe the copyright of that owner in the work or edition by doing, or by authorizing the doing of, that act without the licence of the owner. (3) Nothing in subsection (2) shall be taken to limit the duration of the right or privilege of the Crown by way of copyright in a work or published edition of a work. COPYRIGHT ACT 1968 - SECT 9 Operation of other laws 9. (1) This Act does not affect the right of, or of a person deriving title directly or indirectly from, the Commonwealth or a State to sell, use or otherwise deal with articles that have been, or are, forfeited under a law of the Commonwealth or of the State. (3) This Act does not affect the operation of the law relating to breaches of trust or confidence. COPYRIGHT ACT 1968 - PART II PART II - INTERPRETATION COPYRIGHT ACT 1968 - SECT 10 Interpretation 10.*4* (1) In this Act, unless the contrary intention appears: "adaptation" means: (a) in relation to a literary work in a non-dramatic form a version of the work (whether in its original language or in a different language) in a dramatic form; (b) in relation to a literary work in a dramatic form a version of the work (whether in its original language or in a different language) in a non-dramatic form; (ba) in relation to a literary work being a computer program - a version of the work (whether or not in the language, code or notation in which the work was originally expressed) not being a reproduction of the work; (c) in relation to a literary work (whether in a non-dramatic form or in a dramatic form): (i) a translation of the work; or (ii) a version of the work in which a story or action is conveyed solely or principally by means of pictures; and (d) in relation to a musical work - an arrangement or transcription of the work; "approved label" means a label approved under: (a) Part 2 of the Agvet Code of a State or of the Northern Territory; or (b) Part 2 of the Agvet Code of the participating Territories within the meaning of the Agricultural and Veterinary Chemicals Act 1994; "archives" means: (a) archival material in the custody of: (i) the Australian Archives; (ii) the Archives Office of New South Wales established by the Archives Act 1960 of the State of New South Wales; (iii) the Public Record Office established by the Public Records Act 1973 of the State of Victoria; or (iv) the Archives Office of Tasmania established by the Archives Act 1965 of the State of Tasmania; or (b) a collection of documents or other material to which this paragraph applies by virtue of subsection (4); "artistic work" means: (a) a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not; (b) a building or a model of a building, whether the building or model is of artistic quality or not; or (c) a work of artistic craftsmanship to which neither of the last two preceding paragraphs applies; but does not include a circuit layout within the meaning of the Circuit Layouts Act 1989; "Australia" includes the external Territories; "Australian protected person" means a person who, by virtue of regulations in force under the Nationality and Citizenship Act 1948-1967, is, for the purposes of that Act, under the protection of the Australian Government; "author", in relation to a photograph, means the person who took the photograph; "authorized officer", in relation to a library or archives, means the officer in charge of that library or archives or a person authorized by that officer to act on his or her behalf; "broadcast" means transmit by wireless telegraphy to the public; "building" includes a structure of any kind; "calendar year" means a period of 12 months commencing on 1 January; "chemical product" has the same meaning as in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994; "cinematograph film" means the aggregate of the visual images embodied in an article or thing so as to be capable by the use of that article or thing: (a) of being shown as a moving picture; or (b) of being embodied in another article or thing by the use of which it can be so shown; and includes the aggregate of the sounds embodied in a sound-track associated with such visual images; "computer program" means an expression, in any language, code or notation, of a set of instructions (whether with or without related information) intended, either directly or after either or both of the following: (a) conversion to another language, code or notation; (b) reproduction in a different material form; to cause a device having digital information processing capabilities to perform a particular function; "construction" includes erection, and "reconstruction" has a corresponding meaning; "copy", in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied; "dramatic work" includes: (a) a choreographic show or other dumb show; and (b) a scenario or script for a cinematograph film; but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film; "drawing" includes a diagram, map, chart or plan; "educational institution" means: (a) a school or similar institution at which full-time primary education or full-time secondary education is provided or both full-time primary education and full-time secondary education are provided; (b) a university, a college of advanced education or a technical and further education institution; (c) an institution that conducts courses of primary, secondary or tertiary education by correspondence or on an external study basis; (d) a school of nursing in relation to which a notice published under subsection 10A (4) is in force; (e) an undertaking within a hospital, being an undertaking: (i) that conducts courses of study or training in the provision of medical services, or in the provision of services incidental to the provision of medical services; and (ii) in relation to which a notice published under subsection 10A (4) is in force; (f) a teacher education centre in relation to which a notice published under subsection 10A (4) is in force; (g) an institution that has, as its principal function, the provision of courses of study or training for the purpose of: (i) general education; (ii) the preparation of persons for a particular occupation or profession; or (iii) the continuing education of persons engaged in a particular occupation or profession; and in relation to which a declaration under paragraph 10A (1) (b) is in force; (h) an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, being an undertaking: (i) that has as its principal function, or as one of its principal functions, the provision of teacher training for persons engaged as instructors in educational institutions of such a kind, or of 2 or more such kinds; and (ii) in relation to which a declaration under paragraph 10A (1) (b) is in force; or (j) an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, being an institution or undertaking: (i) that has as its principal function, or as one of its principal functions, the furnishing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes; and (ii) in relation to which a declaration under paragraph 10A (1) (b) is in force; but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals; "engraving" includes an etching, lithograph, product of photogravure, woodcut, print or similar work, not being a photograph; "exclusive licence" means a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorizing the licensee, to the exclusion of all other persons, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and "exclusive licensee" has a corresponding meaning; "future copyright" means copyright to come into existence at a future time or upon the happening of a future event; "handicapped reader" means: (a) a blind person; (b) a person suffering severe impairment of his or her sight; (c) a person unable to hold or manipulate books or to focus or move his or her eyes; or (d) a person suffering from a perceptual handicap; "infringing copy" means: (a) in relation to a work - a reproduction of the work, or of an adaptation of the work, not being a copy of a cinematograph film of the work or adaptation; (b) in relation to a sound recording - a copy of the sound recording not being a sound-track associated with visual images forming part of a cinematograph film; (c) in relation to a cinematograph film - a copy of the film; (d) in relation to a television broadcast or a sound broadcast - a copy of a cinematograph film of the broadcast or a record embodying a sound recording of the broadcast; and (e) in relation to a published edition of a work - a reproduction of the edition; being an article the making of which constituted an infringement of the copyright in the work, recording, film, broadcast or edition or, in the case of an article imported without the licence of the owner of the copyright, would have constituted an infringement of that copyright if the article had been made in Australia by the importer, but does not include a non-infringing book whose importation does not constitute an infringement of that copyright under section 44A or 112A; "institution" includes an educational institution; "institution assisting handicapped readers" means: (a) an educational institution; or (b) any other institution, not being an institution conducted for the profit, direct or indirect, of an individual or individuals, that has as its principal function, or one of its principal functions, the provision of literary or dramatic works to handicapped readers and in relation to which a declaration under paragraph 10A (1) (c) is in force; "institution assisting intellectually handicapped persons" means: (a) an educational institution; or (b) any other institution, not being an institution conducted for the profit, direct or indirect, of an individual or individuals, that has as its principal function, or one of its principal functions, the provision of assistance to intellectually handicapped persons and in relation to which a declaration under paragraph 10A (1) (d) is in force; "international organization to which this Act applies" means an organization that is declared by regulations made for the purposes of section 186 to be an international organization to which this Act applies, and includes: (a) an organ of, or office within, an organization that is so declared; and (b) a commission, council or other body established by such an organization or organ; "judicial proceeding" means a proceeding before a court, tribunal or person having by law power to hear, receive and examine evidence on oath; "law of the Commonwealth" includes a law of a Territory; "literary work" includes: (a) a table, or compilation, expressed in words, figures or symbols (whether or not in a visible form); and (b) a computer program or compilation of computer programs; "manuscript", in relation to a work, means an original document embodying the work, whether written by hand or not; "material form", in relation to a work or an adaptation of a work, includes any form (whether visible or not) of storage from which the work or adaptation, or a substantial part of the work or adaptation, can be reproduced; "non-infringing book" means a book made (otherwise than under a compulsory licence) in a country specified in regulations made for the purposes of subsection 184 (1), being a book whose making did not constitute an infringement of any copyright subsisting in a work, or in a published edition of a work, under a law of that country; "officer in charge" means: (a) in relation to archives - the archivist or other person having, for the time being, immediate care and control of the collection comprising the archives; and (c) in relation to a library - the librarian or other person having, for the time being, immediate care and control of the collection comprising the library; "photograph" means a product of photography or of a process similar to photography, other than an article or thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, and "photographic" has a corresponding meaning; "plate" includes a stereotype, stone, block, mould, matrix, transfer, negative or other similar appliance; "prospective owner" means: (a) in relation to a future copyright that is not the subject of an agreement of a kind referred to in subsection 197 (1) - the person who will be the owner of the copyright on its coming into existence; or (b) in relation to a future copyright that is the subject of such an agreement - the person in whom, by virtue of that subsection, the copyright will vest on its coming into existence; "record" means a disc, tape, paper or other device in which sounds are embodied; "sculpture" includes a cast or model made for purposes of sculpture; "sound broadcast" means sounds broadcast otherwise than as part of a television broadcast; "sound recording" means the aggregate of the sounds embodied in a record; "sound-track", in relation to visual images forming part of a cinematograph film, means: (a) the part of any article or thing, being an article or thing in which those visual images are embodied, in which sounds are embodied; or (b) a disc, tape or other device in which sounds are embodied and which is made available by the maker of the film for use in conjunction with the article or thing in which those visual images are embodied; "sufficient acknowledgement", in relation to a work, means an acknowledgement identifying the work by its title or other description and, unless the work is anonymous or pseudonymous or the author has previously agreed or directed that an acknowledgement of his or her name is not to be made, also identifying the author; "television broadcast" means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images; "the Australian Broadcasting Commission" means the Australian Broadcasting Commission that was established under the Broadcasting and Television Act 1942; "the Australian Broadcasting Corporation" means the Australian Broadcasting Corporation established under the Australian Broadcasting Corporation Act 1983; "the Commonwealth" includes the Administration of a Territory; "the Copyright Act, 1911" means the Imperial Act known as the Copyright Act, 1911; "the Copyright Tribunal" or "the Tribunal" means the Copyright Tribunal established by Part VI, and includes a member of that Tribunal exercising powers of that Tribunal; "the Crown" includes the Crown in right of a State, the Crown in right of the Northern Territory and the Crown in right of Norfolk Island and also includes the Administration of a Territory other than the Northern Territory or Norfolk Island; "the National Librarian" has the same meaning as in the National Library Act 1960-1967; "the National Library" means the National Library established under the National Library Act 1960-1967; "the Special Broadcasting Service" means the Special Broadcasting Service that was referred to in section 5 of the Special Broadcasting Service Act 1991; "the Special Broadcasting Service Corporation" means the body corporate preserved and continued in existence as the Special Broadcasting Service Corporation under section 5 of the Special Broadcasting Service Act 1991; "will" includes a codicil; "wireless telegraphy" means the emitting or receiving, otherwise than over a path that is provided by a material substance, of electromagnetic energy; "wireless telegraphy apparatus" means an appliance or apparatus for the purpose of transmitting or receiving sounds or visual images by means of wireless telegraphy; "work" means a literary, dramatic, musical or artistic work; "work of joint authorship" means a work that has been produced by the collaboration of two or more authors and in which the contribution of each author is not separate from the contribution of the other author or the contributions of the other authors; "writing" means a mode of representing or reproducing words, figures or symbols in a visible form, and "written" has a corresponding meaning. (1A) Without limiting the meaning of the expression "educational purposes" in this Act, a copy of the whole or a part of a work or other subject-matter shall be taken, for the purposes of the provision in which the expression appears, to have been made, used or retained, as the case may be, for the educational purposes of an educational institution if: (a) it is made or retained for use, or is used, in connection with a particular course of instruction provided by the institution; or (b) it is made or retained for inclusion, or is included, in the collection of a library of the institution. (2) Without limiting the meaning of the expression "reasonable portion" in this Act, where a literary, dramatic or musical work is contained in a published edition of that work, being an edition of not less than 10 pages, a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition: (a) do not exceed, in the aggregate, 10% of the number of pages in that edition; or (b) in a case where the work is divided into chapters exceed, in the aggregate, 10% of the number of pages in that edition but contain only the whole or part of a single chapter of the work. (3) In this Act, unless the contrary intention appears: (a) a reference to the body administering an institution shall be read as: (i) in a case where the institution is a body corporate - a reference to the institution; or (ii) in any other case - a reference to the body or person (including the Crown) having ultimate responsibility for the administration of the institution; (b) a reference to the body administering a library or archives shall be read as a reference to the body (whether incorporated or not), or the person (including the Crown), having ultimate responsibility for the administration of the library or archives; (c) a reference to a copy of a sound recording shall be read as a reference to a record embodying a sound recording or a substantial part of a sound recording being a record derived directly or indirectly from a record produced upon the making of a sound recording; (e) a reference to the Crown in right of a State shall be read as including a reference to the Crown in right of the Northern Territory and the Crown in right of Norfolk Island; (f) a reference to the custodian in charge of the copying records of an educational institution, an institution assisting handicapped readers or an institution assisting intellectually handicapped persons shall be read as a reference to the person having responsibility for the day-to-day administration of the institution; (g) a reference to the making, by reprographic reproduction, of a copy of a document, or of the whole or a part of a work, shall be read as a reference to the making of a facsimile copy of the document or the whole or that part of the work, being a facsimile copy of any size or form; (h) a reference to a handicapped reader's copy of a work, or of a part of a work, shall be read as a reference to: (i) a record embodying a sound recording of the work, or of the part of the work, being a record that was made by, or on behalf of, the body administering an institution assisting handicapped readers for use by a handicapped reader for the purpose of research or study that he or she is undertaking or proposes to undertake or for the purpose of instructing himself or herself on any matter; or (ii) a Braille version, large-print version or photographic version of the work, or of the part of the work, being a Braille version, large-print version or photographic version, as the case may be, made by, or on behalf of, the body administering the institution assisting handicapped readers for use by a handicapped reader for the purpose of research or study that he or she is undertaking or proposes to undertake or for the purpose of instructing himself or herself on any matter; (ha) a reference to an intellectually handicapped person's copy, in relation to the whole or a part of an eligible item within the meaning of Part VB, shall be read as a reference to a copy, within the meaning of that Part, of an eligible item, or of a part of an eligible item, as the case may be, made by, or on behalf of, the body administering an institution assisting intellectually handicapped persons, being a copy that is made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to an intellectually handicapped person or persons; (j) a reference to a microform copy of the whole or a part of a work shall be read as a reference to a copy of the whole or a part of the work produced by miniaturizing the graphic symbols of which the work is composed; (k) a reference to a periodical publication shall be read as a reference to an issue of a periodical publication and a reference to articles contained in the same periodical publication shall be read as a reference to articles contained in the same issue of that periodical publication; (l) a reference to a record embodying a sound recording shall be read as a reference to: (i) a record produced upon the making of a sound recording; or (ii) another record embodying the sound recording directly or indirectly derived from a record so produced; (m) a reference to a relevant record, or a relevant declaration, in relation to the making, in reliance on a particular section (other than section 49): (i) of a copy, or a handicapped reader's copy, of the whole or a part of a work; or (ia) of an intellectually handicapped person's copy of the whole or a part of an eligible item; or (ii) of a copy of a sound recording or a cinematograph film; shall be read as a reference to any record or declaration of a kind referred to in that section that is required by this Act to be made in relation to the making of that copy; (ma) a reference to a relevant declaration, in relation to the making, in reliance on section 49, of a copy of the whole or a part of a work, shall be read as a reference to: (i) in a case where the copy is made in reliance on subsection 49 (2) - a declaration of the kind referred to in subsection 49 (1) that is furnished in relation to the making of the copy; (ii) in a case where the copy is made in reliance on subsection 49 (2C) - a declaration of the kind referred to in paragraph 49 (2C) (b) that is made in relation to the making of the copy; or (iii) in any case - a declaration of the kind referred to in subsection 49 (5) that is made in relation to the making of the copy; and (n) a reference to a State shall be read as including a reference to the Northern Territory and Norfolk Island and a reference to a Territory shall be read as not including a reference to the Northern Territory or Norfolk Island. (4) Where: (a) a collection of documents or other material of historical significance or public interest that is in the custody of a body, whether incorporated or unincorporated, is being maintained by the body for the purpose of conserving and preserving those documents or other material; and (b) the body does not maintain and operate the collection for the purpose of deriving a profit; paragraph (b) of the definition of "archives" in subsection (1) applies to that collection. *4* Sections 10 and 183 - The Copyright Act 1968 was modified by regulation 2 and Schedule 1 of the A.C.T. Self-Government (Consequential Provisions) Regulations as amended. The modifications of Schedule 1 are set out below and are not incorporated in this reprint. Subsection 10 (1) (definition of "the Crown"): Before "the Northern Territory"(first occurring) insert "the Australian Capital Territory and". Paragraph 10 (3) (e): Before "the Northern Territory"insert "the Australian Capital Territory and". Paragraph 10 (3) (n): (a) Before "the Northern Territory"(first occurring) insert "the Australian Capital Territory and"; (b) Before "the Northern Territory"(second occurring) insert "the Australian Capital Territory or". Subsection 183 (11): Omit "State or"(twice occurring), substitute "State, the Australian Capital Territory or". COPYRIGHT ACT 1968 - SECT 10A Declarations and notices relating to certain bodies and institutions 10A. (1) The Attorney-General may, by notice in writing published in the Gazette: (b) declare an institution to be an educational institution for the purposes of this Act; (c) declare an institution to be, for the purposes of this Act, an institution assisting handicapped readers; or (d) declare an institution to be, for the purposes of this Act, an institution assisting intellectually handicapped persons. (2) The Attorney-General may, by notice in writing published in the Gazette, revoke a declaration made under subsection (1). (3) The Attorney-General shall cause a copy of a notice under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the notice is published in the Gazette. (4) The body administering an institution may cause to be published in the Gazette a notice that: (a) sets out full particulars of the name and address of the institution; and (b) contains a statement to the effect that the notice is published for the purposes of this subsection. (5) The body administering an institution may cause to be published in the Gazette a notice revoking a notice published under subsection (4) in relation to the institution. (6) In this section, "institution" includes a school of nursing, an undertaking within a hospital, a teacher education centre and an undertaking within a body administering an educational institution. COPYRIGHT ACT 1968 - SECT 11 Residence in a country not affected by temporary absence 11. For the purposes of this Act, a person who, at a material time, was ordinarily resident in a country (including Australia) but was temporarily absent from that country shall be treated as if he or she had been resident in that country at that time. COPYRIGHT ACT 1968 - SECT 12 References to Parliament 12. A reference in this Act to a Parliament shall be read as a reference to the Parliament of the Commonwealth or of a State or a legislature of a Territory. COPYRIGHT ACT 1968 - SECT 13 Acts comprised in copyright 13. (1) A reference in this Act to an act comprised in the copyright in a work or other subject-matter shall be read as a reference to any act that, under this Act, the owner of the copyright has the exclusive right to do. (2) For the purposes of this Act, the exclusive right to do an act in relation to a work, an adaptation of a work or any other subject-matter includes the exclusive right to authorize a person to do that act in relation to that work, adaptation or other subject-matter. COPYRIGHT ACT 1968 - SECT 14 Acts done in relation to substantial part of work or other subject-matter deemed to be done in relation to the whole 14. (1) In this Act, unless the contrary intention appears: (a) a reference to the doing of an act in relation to a work or other subject-matter shall be read as including a reference to the doing of that act in relation to a substantial part of the work or other subject-matter; and (b) a reference to a reproduction, adaptation or copy of a work shall be read as including a reference to a reproduction, adaptation or copy of a substantial part of the work, as the case may be. (2) This section does not affect the interpretation of any reference in sections 32, 177, 180, 187 and 198 to the publication, or absence of publication, of a work. COPYRIGHT ACT 1968 - SECT 15 References to acts done with licence of owner of copyright 15. For the purposes of this Act, an act shall be deemed to have been done with the licence of the owner of a copyright if the doing of the act was authorized by a licence binding the owner of the copyright. COPYRIGHT ACT 1968 - SECT 16 References to partial assignment of copyright 16. A reference in this Act to a partial assignment of copyright shall be read as a reference to an assignment of copyright that is limited in any way. COPYRIGHT ACT 1968 - SECT 17 Statutory employment 17. For the purposes of this Act, the employment of a person, or the employment of a person as an apprentice, under a law of the Commonwealth or of a State but otherwise than under a contract of service or contract of apprenticeship shall be treated as if that employment were employment under a contract of service or employment under a contract of apprenticeship, as the case may be. COPYRIGHT ACT 1968 - SECT 18 Libraries established or conducted for profit 18. For the purposes of this Act, a library shall not be taken to be established or conducted for profit by reason only that the library is owned by a person carrying on business for profit. COPYRIGHT ACT 1968 - SECT 19 References to Copyright Act, 1911 19. A reference in a provision of this Act to the Copyright Act, 1911, in relation to any time before the commencement of this Act, shall, for the purposes of the application of that provision in relation to a State or a Territory, be read as a reference to the Copyright Act, 1911 as it applied in that State or Territory at that time. COPYRIGHT ACT 1968 - SECT 20 Names under which work is published 20. (1) A reference in this Act to the name or names under which a work was published shall be read as a reference to the name or names specified in the work as the name of the author or the names of the authors of the work. (2) For the purposes of this Act, a publication of a work under two or more names shall not be taken to be pseudonymous unless all those names are pseudonyms. COPYRIGHT ACT 1968 - SECT 21 Reproduction of works 21. (1) For the purposes of this Act, a literary, dramatic or musical work shall be deemed to have been reproduced in a material form if a sound recording or cinematograph film is made of the work, and any record embodying such a recording and any copy of such a film shall be deemed to be a reproduction of the work. (2) The last preceding subsection applies in relation to an adaptation of a work in like manner as it applies in relation to a work. (3) For the purposes of this Act, an artistic work shall be deemed to have been reproduced: (a) in the case of a work in a two-dimensional form - if a version of the work is produced in a three-dimensional form; or (b) in the case of a work in a three-dimensional form - if a version of the work is produced in a two-dimensional form; and the version of the work so produced shall be deemed to be a reproduction of the work. (4) The last preceding subsection has effect subject to Division 7 of Part III. COPYRIGHT ACT 1968 - SECT 22 Provisions relating to the making of a work or other subject-matter 22. (1) A reference in this Act to the time when, or the period during which, a literary, dramatic, musical or artistic work was made shall be read as a reference to the time when, or the period during which, as the case may be, the work was first reduced to writing or to some other material form. (2) For the purposes of this Act, a literary, dramatic or musical work that exists in the form of sounds embodied in an article or thing shall be deemed to have been reduced to a material form and to have been so reduced at the time when those sounds were embodied in that article or thing. (3) For the purposes of this Act: (a) a sound recording shall be deemed to have been made at the time when the first record embodying the recording was produced; and (b) the maker of the sound recording is the person who owned that record at that time. (4) For the purposes of this Act: (a) a reference to the making of a cinematograph film shall be read as a reference to the doing of the things necessary for the production of the first copy of the film; and (b) the maker of the cinematograph film is the person by whom the arrangements necessary for the making of the film were undertaken. (5) For the purposes of this Act, a television broadcast or sound broadcast shall, subject to subsection (6), be deemed to have been made by the person by whom, at the time when, and from the place from which, the visual images or sounds constituting the broadcast, or both, as the case may be, were broadcast. (6) Where a television broadcast or sound broadcast made by a person from a satellite, wherever located, consists of material transmitted from the earth to the satellite (whether directly or by means of another satellite) the broadcast shall, for the purposes of this Act, be deemed to have been made by the person at the time when, and from the place from which, the material was so transmitted from the earth. COPYRIGHT ACT 1968 - SECT 23 Sound recordings and records 23. (1) For the purposes of this Act, sounds embodied in a sound-track associated with visual images forming part of cinematograph film shall be deemed not to be a sound recording. (2) A reference in this Act to a record of a work or other subject-matter shall, unless the contrary intention appears, be read as a reference to a record by means of which the work or other subject-matter can be performed. COPYRIGHT ACT 1968 - SECT 24 References to sounds and visual images embodied in an article 24. For the purposes of this Act, sounds or visual images shall be taken to have been embodied in an article or thing if the article or thing has been so treated in relation to those sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing. COPYRIGHT ACT 1968 - SECT 25 Provisions relating to broadcasting 25. (1) A reference in this Act to broadcasting shall, unless the contrary intention appears, be read as a reference to broadcasting whether by way of sound broadcasting or of television. (2) A reference in this Act to the doing of an act by the reception of a television broadcast or sound broadcast shall be read as a reference to the doing of that act by means of receiving a broadcast: (a) from the transmission by which the broadcast is made; or (b) from a transmission made otherwise than by way of broadcasting, but simultaneously with the transmission referred to in the last preceding paragraph; whether the reception of the broadcast is directly from the transmission concerned or from a re-transmission made by any person from any place. (3) Where a record embodying a sound recording or a copy of a cinematograph film is used for the purpose of making a broadcast (in this subsection referred to as "the primary broadcast"), a person who makes a broadcast (in this subsection referred to as "the secondary broadcast") by receiving and simultaneously making a further transmission of: (a) the transmission by which the primary broadcast was made; or (b) a transmission made otherwise than by way of broadcasting but simultaneously with the transmission referred to in the last preceding paragraph; shall, for the purposes of this Act, be deemed not to have used the record or copy for the purpose of making the secondary broadcast. (4) In this Act: (a) a reference to a cinematograph film of a television broadcast shall be read as including a reference to a cinematograph film, or a photograph, of any of the visual images comprised in the broadcast; and (b) a reference to a copy of a cinematograph film of a television broadcast shall be read as including a reference to a copy of a cinematograph film, or a reproduction of a photograph, of any of those images. (5) In this section, "re-transmission" means any re-transmission, whether over paths provided by a material substance or not, and includes a re-transmission made by making use of any article or thing in which the visual images or sounds constituting the broadcast, or both, as the case may be, have been embodied. COPYRIGHT ACT 1968 - SECT 26 References to transmission to subscribers to a diffusion service 26. (1) A reference in this Act to the transmission of a work or other subject-matter to subscribers to a diffusion service shall be read as a reference to the transmission of the work or other subject-matter in the course of a service of distributing broadcast or other matter (whether provided by the person operating the service or by other persons) over wires, or over other paths provided by a material substance, to the premises of subscribers to the service. (2) For the purposes of this Act, where a work or other subject-matter is so transmitted: (a) the person operating the service shall be deemed to be the person causing the work or other subject-matter to be so transmitted; and (b) no person other than the person operating the service shall be deemed to be causing the work or other subject-matter to be so transmitted, whether or not he or she provides any facilities for the transmission. (3) For the purposes of the application of this section, a service of distributing broadcast or other matter shall be disregarded where the service is only incidental to a business of keeping or letting premises at which persons reside or sleep, and is operated as part of the amenities provided exclusively for residents or inmates of the premises or for those residents or inmates and their guests. (4) A reference in this section to the person operating a service of distributing broadcast or other matter shall be read as a reference to the person who, in the agreements with subscribers to the service, undertakes to provide them with the service, whether he is the person who transmits the broadcast or other matter or not. (5) Where a service of distributing matter over wires or over other paths provided by a material substance is only incidental to, or part of, a service of transmitting telegraphic or telephonic communications, a subscriber to the last-mentioned service shall be taken, for the purposes of this section, to be a subscriber to the first-mentioned service. COPYRIGHT ACT 1968 - SECT 27 Performance 27. (1) Subject to this section, a reference in this Act to performance shall: (a) be read as including a reference to any mode of visual or aural presentation, whether the presentation is by the operation of wireless telegraphy apparatus, by the exhibition of a cinematograph film, by the use of a record or by any other means; and (b) in relation to a lecture, address, speech or sermon - be read as including a reference to delivery; and a reference in this Act to performing a work or an adaptation of a work has a corresponding meaning. (2) For the purposes of this Act, broadcasting, or the causing of a work or other subject-matter to be transmitted to subscribers to a diffusion service, shall be deemed not to constitute performance or to constitute causing visual images to be seen or sounds to be heard. (3) Where visual images or sounds are displayed or emitted by any receiving apparatus to which they are conveyed by the transmission of electromagnetic signals (whether over paths provided by a material substance or not), the operation of any apparatus by which the signals are transmitted, directly or indirectly, to the receiving apparatus shall be deemed not to constitute performance or to constitute causing visual images to be seen or sounds to be heard but, in so far as the display or emission of the images or sounds constitutes a performance, or causes the images to be seen or the sounds to be heard, the performance, or the causing of the images to be seen or sounds to be heard, as the case may be, shall be deemed to be effected by the operation of the receiving apparatus. (4) Without prejudice to the last two preceding subsections, where a work or an adaptation of a work is performed or visual images are caused to be seen or sounds to be heard by the operation of any apparatus referred to in the last preceding subsection or of any apparatus for reproducing sounds by the use of a record, being apparatus provided by or with the consent of the occupier of the premises where the apparatus is situated, the occupier of those premises shall, for the purposes of this Act, be deemed to be the person giving the performance or causing the images to be seen or the sounds to be heard, whether he or she is the person operating the apparatus or not. (5) This section does not apply to a performance within the meaning of Part XIA. COPYRIGHT ACT 1968 - SECT 28 Performance of works or other subject-matter in the course of educational instruction 28. (1) Where a literary, dramatic or musical work: (a) is performed in class, or otherwise in the presence of an audience; and (b) is so performed by a teacher in the course of giving educational instruction, not being instruction given for profit, or by a student in the course of receiving such instruction; the performance shall, for the purposes of this Act, be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given. (2) For the purposes of the last preceding subsection, educational instruction given by a teacher at a place of education that is not conducted for profit shall not be taken to be given for profit by reason only that the teacher receives remuneration for giving the instruction. (3) For the purposes of subsection (1), a person shall not be taken to be directly connected with a place where instruction is given by reason only that he or she is a parent or guardian of a student who receives instruction at that place. (4) The last three preceding subsections apply in relation to sound recordings and cinematograph films in like manner as they apply in relation to literary, dramatic and musical works but, in the application of those subsections in relation to such recordings or films, any reference to performance shall be read as a reference to the act of causing the sounds concerned to be heard or the visual images concerned to be seen. COPYRIGHT ACT 1968 - SECT 29 Publication 29. (1) Subject to this section, for the purposes of this Act: (a) a literary, dramatic, musical or artistic work, or an edition of such a work, shall be deemed to have been published if, but only if, reproductions of the work or edition have been supplied (whether by sale or otherwise) to the public; (b) a cinematograph film shall be deemed to have been published if, but only if, copies of the film have been sold, let on hire, or offered or exposed for sale or hire, to the public; and (c) a sound recording shall be deemed to have been published if, but only if, records embodying the recording or a part of the recording have been supplied (whether by sale or otherwise) to the public. (2) In determining, for the purposes of paragraph (1) (a), whether reproductions of a work or edition have been supplied to the public, section 14 does not apply. (3) For the purposes of this Act, the performance of a literary, dramatic or musical work, the supplying (whether by sale or otherwise) to the public of records of a literary, dramatic or musical work, the exhibition of an artistic work, the construction of a building or of a model of a building, or the supplying (whether by sale or otherwise) to the public of photographs or engravings of a building, of a model of a building or of a sculpture, does not constitute publication of the work. (4) A publication that is merely colourable and is not intended to satisfy the reasonable requirements of the public shall be disregarded for the purposes of this Act except in so far as it may constitute an infringement of copyright or a breach of a duty under Part IX. (5) For the purposes of this Act, a publication in Australia or in any other country shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days. (6) In determining, for the purposes of any provision of this Act: (a) whether a work or other subject-matter has been published; (b) whether a publication of a work or other subject-matter was the first publication of the work or other subject-matter; or (c) whether a work or other subject-matter was published or otherwise dealt with in the life-time of a person; any unauthorized publication or the doing of any other unauthorized act shall be disregarded. (7) Subject to section 52, a publication or other act shall, for the purposes of the last preceding subsection, be taken to have been unauthorized if, but only if: (a) copyright subsisted in the work or other subject-matter and the act concerned was done otherwise than by, or with the licence of, the owner of the copyright; or (b) copyright did not subsist in the work or other subject-matter and the act concerned was done otherwise than by, or with the licence of: (i) the author or, in the case of a sound recording, cinematograph film or edition of a work, the maker or publisher, as the case may be; or (ii) persons lawfully claiming under the author, maker or publisher. (8) Nothing in either of the last two preceding subsections affects any provisions of this Act relating to the acts comprised in a copyright or to acts constituting infringements of copyrights or any provisions of Part IX. COPYRIGHT ACT 1968 - SECT 30 Ownership of copyright for particular purposes 30. In the case of a copyright of which (whether as a result of a partial assignment or otherwise) different persons are the owners in respect of its application to: (a) the doing of different acts or classes of acts; or (b) the doing of one or more acts or classes of acts in different countries or at different times; the owner of the copyright, for any purpose of this Act, shall be deemed to be the person who is the owner of the copyright in respect of its application to the doing of the particular act or class of acts, or to the doing of the particular act or class of acts in the particular country or at the particular time, as the case may be, that is relevant to that purpose, and a reference in this Act to the prospective owner of a future copyright of which different persons are the prospective owners has a corresponding meaning. COPYRIGHT ACT 1968 - SECT 30A 30A.*2* * * * * * *2* The Copyright Act 1968 was amended by the Copyright (World Trade Organisations Amendments) Act 1994, subsection 2 (1) and (3)-(5), of which provides as follows: "(1) In this section, 'World Trade Organization Agreement' means the Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994. "(3) Part 2 of this Act commences on the first day after the end of the period of one year beginning on the day on which the World Trade Organization Agreement enters into force. "(4) Parts 3 and 4 of this Act commence as follows: (a) if the World Trade Organization Agreement enters into force for Australia on or before 1 July 1995, Parts 3 and 4 commence on 1 July 1995; (b) if the World Trade Organization Agreement does not enter into force for Australia on or before 1 July 1995, Parts 3 and 4 commence on the day on which the Agreement enters into force for Australia. "(5) For the purposes of subsections (3) and (4): (a) the day on which the World Trade Organization Agreement enters into force is to be taken to be the day declared by the Governor-General, by Proclamation, to be the day on which the Agreement enters into force; and (b) the day on which the World Trade Organization Agreement enters into force for Australia is to be taken to be the day declared by the Governor-General, by Proclamation, to be the day on which the Agreement enters into force for Australia." The World Trade Organization Agreement enters into force for Australia 1 January 1995 (see Gazette 1994 No. S471). As at 29 March 1995 the amendments are not incorporated in this reprint. They are set out below under the heading "EXTRACT FROM COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) ACT 1994". COPYRIGHT ACT 1968 - PART III PART III - COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS COPYRIGHT ACT 1968 - DIVISION 1 Division 1 - Nature, Duration and Ownership of Copyright in Works COPYRIGHT ACT 1968 - SECT 31 Nature of copyright in original works 31.*2* (1) For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a work, is the exclusive right: (a) in the case of a literary, dramatic or musical work, to do all or any of the following acts: (i) to reproduce the work in a material form; (ii) to publish the work; (iii) to perform the work in public; (iv) to broadcast the work; (v) to cause the work to be transmitted to subscribers to a diffusion service; (vi) to make an adaptation of the work; (vii) to do, in relation to a work that is an adaptation of the first-mentioned work, any of the acts specified in relation to the first-mentioned work in subparagraphs (i) to (v), inclusive; and (b) in the case of an artistic work, to do all or any of the following acts: (i) to reproduce the work in a material form; (ii) to publish the work; (iii) to include the work in a television broadcast; (iv) to cause a television programme that includes the work to be transmitted to subscribers to a diffusion service. (2) The generality of subparagraph (1) (a) (i) is not affected by subparagraph (1) (a) (vi). *2* The Copyright Act 1968 was amended by the Copyright (World Trade Organisations Amendments) Act 1994, subsection 2 (1) and (3)-(5), of which provides as follows: "(1) In this section, 'World Trade Organization Agreement' means the Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994. "(3) Part 2 of this Act commences on the first day after the end of the period of one year beginning on the day on which the World Trade Organization Agreement enters into force. "(4) Parts 3 and 4 of this Act commence as follows: (a) if the World Trade Organization Agreement enters into force for Australia on or before 1 July 1995, Parts 3 and 4 commence on 1 July 1995; (b) if the World Trade Organization Agreement does not enter into force for Australia on or before 1 July 1995, Parts 3 and 4 commence on the day on which the Agreement enters into force for Australia. "(5) For the purposes of subsections (3) and (4): (a) the day on which the World Trade Organization Agreement enters into force is to be taken to be the day declared by the Governor-General, by Proclamation, to be the day on which the Agreement enters into force; and (b) the day on which the World Trade Organization Agreement enters into force for Australia is to be taken to be the day declared by the Governor-General, by Proclamation, to be the day on which the Agreement enters into force for Australia." The World Trade Organization Agreement enters into force for Australia 1 January 1995 (see Gazette 1994 No. S471). As at 29 March 1995 the amendments are not incorporated in this reprint. They are set out below under the heading "EXTRACT FROM COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) ACT 1994". COPYRIGHT ACT 1968 - SECT 32 Original works in which copyright subsists 32. (1) Subject to this Act, copyright subsists in an original literary, dramatic, musical or artistic work that is unpublished and of which the author: (a) was a qualified person at the time when the work was made; or (b) if the making of the work extended over a period - was a qualified person for a substantial part of that period. (2) Subject to this Act, where an original literary, dramatic, musical or artistic work has been published: (a) copyright subsists in the work; or (b) if copyright in the work subsisted immediately before its first publication - copyright continues to subsist in the work; if, but only if: (c) the first publication of the work took place in Australia; (d) the author of the work was a qualified person at the time when the work was first published; or (e) the author died before that time but was a qualified person immediately before his or her death. (3) Notwithstanding the last preceding subsection but subject to the remaining provisions of this Act, copyright subsists in: (a) an original artistic work that is a building situated in Australia; or (b) an original artistic work that is attached to, or forms part of, such a building. (4) In this section, "qualified person" means an Australian citizen, an Australian protected person or a person resident in Australia. COPYRIGHT ACT 1968 - SECT 33 Duration of copyright in original works 33. (1) This section has effect subject to subsection 32 (2) and to section 34. (2) Subject to this section, where, by virtue of this Part, copyright subsists in a literary, dramatic or musical work, or in an artistic work other than a photograph, that copyright continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the author of the work died. (3) If, before the death of the author of a literary, dramatic or musical work: (a) the work had not been published; (b) the work had not been performed in public; (c) the work had not been broadcast; and (d) records of the work had not been offered or exposed for sale to the public; the copyright in the work continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the work is first published, performed in public, or broadcast, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen. (4) A reference in the last preceding subsection to the doing of an act in relation to a work shall be read as including a reference to the doing of that act in relation to an adaptation of the work. (5) If, before the death of the author of an engraving, the engraving had not been published, the copyright in the engraving continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the engraving is first published. (6) Copyright subsisting in a photograph by virtue of this Part continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the photograph is first published. COPYRIGHT ACT 1968 - SECT 34 Duration of copyright in anonymous and pseudonymous works 34. (1) Subject to the next succeeding subsection, where the first publication of a literary, dramatic or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, the last preceding section does not apply in relation to the work but any copyright subsisting in the work by virtue of this Part continues to subsist until the expiration of the period of 50 years after the expiration of the calendar year in which the work was first published. (2) The last preceding subsection does not apply in relation to a work if, at any time before the expiration of the period referred to in that subsection, the identity of the author of the work is generally known or can be ascertained by reasonable inquiry. COPYRIGHT ACT 1968 - SECT 35 Ownership of copyright in original works 35. (1) This section has effect subject to Parts VII and X. (2) Subject to this section, the author of a literary, dramatic, musical or artistic work is the owner of any copyright subsisting in the work by virtue of this Part. (3) The operation of any of the next three succeeding subsections in relation to copyright in a particular work may be excluded or modified by agreement. (4) Where a literary, dramatic or artistic work is made by the author in pursuance of the terms of his or her employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and is so made for the purpose of publication in a newspaper, magazine or similar periodical, the proprietor is the owner of any copyright subsisting in the work by virtue of this Part in so far as the copyright relates to: (a) publication of the work in any newspaper, magazine or similar periodical; (b) broadcasting the work; or (c) reproduction of the work for the purpose of its being so published or broadcast; but not otherwise. (5) Subject to the last preceding subsection, where: (a) a person makes, for valuable consideration, an agreement with another person for the taking of a photograph, the painting or drawing of a portrait or the making of an engraving by the other person; and (b) the work is made in pursuance of the agreement; the first-mentioned person is the owner of any copyright subsisting in the work by virtue of this Part, but, if at the time the agreement was made that person made known, expressly or by implication, to the author of the work the purpose for which the work was required, the author is entitled to restrain the doing, otherwise than for that purpose, of any act comprised in the copyright in the work. (6) Where a literary, dramatic or artistic work to which neither of the last two preceding subsections applies, or a musical work, is made by the author in pursuance of the terms of his or her employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of this Part. COPYRIGHT ACT 1968 - DIVISION 2 Division 2 - Infringement of Copyright in Works COPYRIGHT ACT 1968 - SECT 36 Infringement by doing acts comprised in the copyright 36. (1) Subject to this Act, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comprised in the copyright. (2) The next three succeeding sections do not affect the generality of the last preceding subsection. COPYRIGHT ACT 1968 - SECT 37 Infringement by importation for sale or hire 37. Subject to section 44A, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, without the licence of the owner of the copyright, imports an article into Australia for the purpose of: (a) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article; (b) distributing the article: (i) for the purpose of trade; or (ii) for any other purpose to an extent that will affect prejudicially the owner of the copyright; or (c) by way of trade exhibiting the article in public; if the importer knew, or ought reasonably to have known, that the making of the article would, if the article had been made in Australia by the importer, have constituted an infringement of the copyright. COPYRIGHT ACT 1968 - SECT 38 Infringement by sale and other dealings 38. (1) Subject to section 44A, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, in Australia, and without the licence of the owner of the copyright: (a) sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or (b) by way of trade exhibits an article in public; if the person knew, or ought reasonably to have known, that the making of the article constituted an infringement of the copyright or, in the case of an imported article, would, if the article had been made in Australia by the importer, have constituted such an infringement. (2) For the purposes of the last preceding subsection, the distribution of any articles: (a) for the purpose of trade; or (b) for any other purpose to an extent that affects prejudicially the owner of the copyright concerned; shall be taken to be the sale of those articles. COPYRIGHT ACT 1968 - SECT 39 Infringement by permitting place of public entertainment to be used for performance of work 39. (1) The copyright in a literary, dramatic or musical work is infringed by a person who permits a place of public entertainment to be used for the performance in public of the work, where the performance constitutes an infringement of the copyright in the work. (2) This section does not apply where the person permitting the place to be so used establishes: (a) that he or she was not aware, and had no reasonable grounds for suspecting, that the performance would be an infringement of the copyright; or (b) that he or she gave the permission gratuitously, or for a consideration that was only nominal or, if more than nominal, did not exceed a reasonable estimate of the expenses to be incurred by him or her by reason of the use of the place for the performance. (3) In this section, "place of public entertainment" includes any premises that are occupied principally for purposes other than public entertainment but are from time to time made available for hire for purposes of public entertainment. COPYRIGHT ACT 1968 - SECT 39A Infringing copies made on machines installed in libraries and archives 39A. Where: (a) a person makes an infringing copy of, or of part of, a work on a machine for the making, by reprographic reproduction, of copies of documents, being a machine installed by or with the approval of the body administering a library or archives on the premises of the library or archives, or outside those premises for the convenience of persons using the library or archives; and (b) there is affixed to, or in close proximity to, the machine, in a place readily visible to persons using the machine, a notice of the prescribed dimensions and in accordance with the prescribed form; neither the body administering the library or archives nor the officer in charge of the library or archives shall be taken to have authorized the making of the infringing copy by reason only that the copy was made on that machine. COPYRIGHT ACT 1968 - DIVISION 3 Division 3 - Acts not Constituting Infringements of Copyright in Works COPYRIGHT ACT 1968 - SECT 40 Fair dealing for purpose of research or study 40. (1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work. (1A) A fair dealing with a literary work (other than lecture notes) does not constitute an infringement of the copyright in the work if it is for the purpose of, or associated with, an approved course of study or research by an enrolled external student of an educational institution. (1B) In subsection (1A) the expression "lecture notes" means any literary work produced for the purpose of the course of study or research by a person lecturing or teaching in or in connection with the course of study or research. (2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or study include: (a) the purpose and character of the dealing; (b) the nature of the work or adaptation; (c) the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price; (d) the effect of the dealing upon the potential market for, or value of, the work or adaptation; and (e) in a case where part only of the work or adaptation is copied - the amount and substantiality of the part copied taken in relation to the whole work or adaptation. (3) Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, or with an adaptation of such a work, being a dealing by way of the copying, for the purposes of research or study: (a) if the work or adaptation comprises an article in a periodical publication - of the whole or a part of that work or adaptation; or (b) in any other case - of not more than a reasonable portion of the work or adaptation; shall be taken to be a fair dealing with that work or adaptation for the purpose of research or study. (4) Subsection (3) does not apply to a dealing by way of the copying of the whole or a part of an article in a periodical publication if another article in that publication, being an article dealing with a different subject matter, is also copied. COPYRIGHT ACT 1968 - SECT 41 Fair dealing for purpose of criticism or review 41. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgement of the work is made. COPYRIGHT ACT 1968 - SECT 42 Fair dealing for purpose of reporting news 42. (1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if: (a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the work is made; or (b) it is for the purpose of, or is associated with, the reporting of news by means of broadcasting or in a cinematograph film. (2) The playing of a musical work in the course of reporting news by means of broadcasting or in a cinematograph film is not a fair dealing with the work for the purposes of this section if the playing of the work does not form part of the news being reported. (3) This section applies where a literary, dramatic, musical or artistic work, or an adaptation of a literary, dramatic or musical work, is caused to be transmitted to subscribers to a diffusion service in like manner as it applies where such a work or adaptation is broadcast. COPYRIGHT ACT 1968 - SECT 43 Reproduction for purpose of judicial proceedings or professional advice 43. (1) The copyright in a literary, dramatic, musical or artistic work is not infringed by anything done for the purposes of a judicial proceeding or of a report of a judicial proceeding. (2) A fair dealing with a literary, dramatic, musical or artistic work does not constitute an infringement of the copyright in the work if it is for the purpose of the giving of professional advice by a legal practitioner or patent attorney. COPYRIGHT ACT 1968 - SECT 43A Back-up copy of computer program 43A. (1) Subject to subsection (2), the copyright in a literary work being a computer program is not infringed by the making of a reproduction of the work, or of a computer program being an adaptation of the work, if: (a) the reproduction is made by, or on behalf of, the owner of the copy (in this section referred to as the "original copy") from which the reproduction is made; and (b) the reproduction is made for the purpose only of being used, by or on behalf of the owner of the original copy, in lieu of the original copy in the event that the original copy is lost, destroyed or rendered unusable. (2) Subsection (1) does not apply to the making of a reproduction of a computer program, or of an adaptation of a computer program: (a) from an infringing copy of the computer program; or (b) contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the owner of the original copy not later than the time when the owner of the original copy acquired the original copy. (3) For the purposes of this section: (a) a reference to a copy of a computer program or of an adaptation of a computer program is a reference to any article in which the computer program or adaptation is reproduced in a material form; and (b) a reference to an express direction, in relation to a copy of a computer program or of an adaptation of a computer program, includes a reference to a clearly legible direction printed on the copy or on a package in which the copy is supplied. COPYRIGHT ACT 1968 - SECT 44 Inclusion of works in collections for use by places of education 44. (1) The copyright in a published literary, dramatic, musical or artistic work is not infringed by the inclusion of a short extract from the work, or, in the case of a published literary, dramatic or musical work, from an adaptation of the work, in a collection of literary, dramatic, musical or artistic works contained in a book, sound recording or cinematograph film and intended for use by places of education if: (a) the collection is described in an appropriate place in the book, on the label of each record embodying the recording or of its container, or in the film, as being intended for use by places of education; (b) the work or adaptation was not published for the purpose of being used by places of education; (c) the collection consists principally of matter in which copyright does not subsist; and (d) a sufficient acknowledgement of the work or adaptation is made. (2) The last preceding subsection does not apply in relation to the copyright in a work if, in addition to the extract concerned, 2 or more other extracts from, or from adaptations of, works (being works in which copyright subsists at the time when the collection is published) by the author of the first-mentioned work are contained in that collection, or are contained in that collection taken together with every similar collection, if any, of works intended for use by places of education and published by the same publisher within the period of 5 years immediately preceding the publication of the first-mentioned collection. COPYRIGHT ACT 1968 - SECT 44A Importation etc. of books 44A. (1) The copyright in an overseas work first published on or after the commencing day is not infringed by a person who, without the licence of the owner of the copyright, imports a non-infringing book into Australia for a purpose mentioned in paragraph 37 (a), (b) or (c). (2) Subject to this section, the copyright in: (a) an overseas work first published before the commencing day; or (b) a work first published in Australia, whether before, on or after the commencing day; is not infringed by a person who, without the licence of the owner of the copyright, imports a copy (in this subsection called the "imported copy") of a hardback or paperback version of a non-infringing book into Australia for a purpose mentioned in paragraph 37 (a), (b) or (c) if: (c) the person had ordered in writing from the copyright owner, or the owner's licensee or agent, one or more copies of that version of the book (not being second-hand copies or more copies than were needed to satisfy the person's reasonable requirements); and (d) when the person ordered the imported copy, the original order mentioned in paragraph (c) had not been withdrawn or cancelled by, or with the consent of, the person and: (i) at least 7 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not notified the person in writing that the original order would be filled within 90 days after it was placed; or (ii) at least 90 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not filled the order. (3) The copyright in a published work (whether first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports a single copy of a non-infringing book into Australia if the importation is for the purpose of filling a written order, or a verifiable telephone order, by a customer of the person and: (a) in the case of a written order, the order contains a statement, signed by the customer; or (b) in the case of a telephone order, the customer makes a verifiable statement; to the effect that the customer does not intend to use the book for a purpose mentioned in paragraph 37 (a), (b) or (c). (4) The copyright in a published work (whether first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports 2 or more copies of a non-infringing book into Australia if: (a) the importation is for the purpose of filling a written order, or a verifiable telephone order, placed with the person by or on behalf of a library, other than a library conducted for the profit (direct or indirect) of a person or organisation; and (b) in the case of a written order - the order contains a statement, signed by the person placing the order, to the effect that the library does not intend to use any of the books for a purpose mentioned in paragraph 37 (a), (b) or (c); and (c) in the case of a telephone order - the person placing the order makes a verifiable statement to the effect referred to in paragraph (b); and (d) the number of copies so imported is not more than the number of copies so ordered. (5) Without limiting the ways in which a telephone order under subsection (3) or (4), or a statement under paragraph (3) (b) or (4) (c) relating to such an order, may be verified, such an order or statement is, for the purposes of this section, taken to be verifiable if the person who takes the order, or to whom the statement is made, makes a written note of the details of the order or statement when, or immediately after, the order is placed, or the statement is made, as the case may be. (6) Where: (a) a book is imported into Australia for a purpose mentioned in paragraph 37 (a), (b) or (c); and (b) the importation does not, under this section, constitute an infringement of copyright in a published work; the use of the book for any such purpose does not constitute an infringement of the copyright in the work and subsection 38 (1) does not apply to the book. (7) Subsection (2) does not apply to the importation of a copy of a hardback version of a non-infringing book into Australia if the copyright owner, or his or her licensee or agent, is able to supply in Australia enough copies of a paperback version of the book to fill any reasonable order. (8) For the purposes of paragraph (2) (d), a copyright owner, licensee or agent is not taken to have filled an order by a person for one or more copies of a version of a book unless and until the copyright owner, licensee or agent sends the copy, or all of the copies, as the case requires, to the person. (9) In this section: "book" does not include: (a) a book whose main content is one or more musical works, with or without any related literary, dramatic or artistic work; or (b) a manual sold with computer software for use in connection with that software; or (c) a periodical publication; "commencing day" means the day on which the Copyright Amendment Act 1991 commences; "overseas work" means a work: (a) that was first published in a country other than Australia; and (b) that was not published in Australia within 30 days after its first publication in that other country. Note: A work may, for the purposes of this Act, be "first published" in Australia if it is published in Australia within 30 days of an earlier publication elsewhere. For the meaning of "first publication", see section 29 and, in particular, subsection 29 (5). COPYRIGHT ACT 1968 - SECT 44B Reproduction of writing on approved label for containers for chemical product 44B. The reproduction on a label on a container for a chemical product of any writing appearing on an approved label is not an infringement of any copyright subsisting under this Part in relation to that writing. COPYRIGHT ACT 1968 - DIVISION 4 Division 4 - Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works COPYRIGHT ACT 1968 - SECT 45 Reading or recitation in public or for a broadcast 45. The reading or recitation in public, or the inclusion in a sound broadcast or television broadcast of a reading or recitation, of an extract of reasonable length from a published literary or dramatic work, or from an adaptation of such a work, does not constitute an infringement of the copyright in the work if a sufficient acknowledgement of the work is made. COPYRIGHT ACT 1968 - SECT 46 Performance at premises where persons reside or sleep 46. Where a literary, dramatic or musical work, or an adaptation of such a work, is performed in public, by the operation of wireless telegraphy apparatus or by the use of a record, at premises where persons reside or sleep, as part of the amenities provided exclusively for residents or inmates of the premises or for those residents or inmates and their guests, the performance does not constitute an infringement of the copyright in the work. COPYRIGHT ACT 1968 - SECT 47 Reproduction for purpose of broadcasting 47. (1) Where the broadcasting by a person of a literary, dramatic or musical work, or of an adaptation of such a work, would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work, but the making by the person of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by the making by the person of such a recording or film solely for the purpose of the broadcasting of the work or adaptation. (2) The last preceding subsection does not apply in relation to a recording or film if a record embodying the recording or a copy of the film is used for a purpose other than: (a) the broadcasting of the work or adaptation in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or (b) the making of further records embodying the recording or further copies of the film for the purpose of the broadcasting of the work or adaptation in such circumstances. (3) Subsection (1) does not apply in relation to a recording or film where a record embodying the recording or a copy of the film is used for the purpose of the broadcasting of the work or adaptation by a person who is not the maker of the recording or film unless the maker has paid to the owner of the copyright in the work such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to the owner such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the recording or film. (4) A person who has given an undertaking referred to in the last preceding subsection is liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner. (5) Subsection (1) of this section does not apply in relation to a recording or film unless, before the expiration of the period of 12 months commencing on the day on which any of the records embodying the recording or any of the copies of the film is first used for broadcasting the work or adaptation in accordance with that subsection, or before the expiration of such further period, if any, as is agreed between the maker of the recording or film and the owner of the copyright in the work, all the records embodying the recording or all the copies of the film are destroyed or are delivered, with the consent of the Director-General of the Australian Archives, to the Australian Archives. (6) The Director-General of the Australian Archives shall not consent to the delivery to the Australian Archives in accordance with subsection (5) of a record embodying a recording or of a copy of a film unless he or she has certified that the recording or film is of an exceptional documentary character. COPYRIGHT ACT 1968 - SECT 47A Sound broadcasts by holders of print-handicapped radio licences 47A. (1) The making of a sound broadcast of, or of an adaptation of, a published literary or dramatic work does not constitute an infringement of copyright in the work if: (a) the broadcast is made by a person being the holder of a print-handicapped radio licence and is made under the licence; and (b) there is made by or on behalf of the person, as soon as practicable after the making of the broadcast, a record of the making of the broadcast that: (i) sets out the time and date of the making of the broadcast; (ii) identifies the work; and (iii) contains particulars of such other matters in relation to the work or in relation to the broadcast as are prescribed. (2) For the purposes of paragraph (1) (b), a record of the making of a broadcast: (a) may be made in writing or in any other manner prescribed by the regulations; and (b) if it is made in writing, shall be in accordance with the form prescribed by the regulations. (3) Where, at any time before the expiration of the prescribed retention period after the making by a person of a sound broadcast of a literary or dramatic work in reliance on subsection (1), a record made for the purposes of paragraph (1) (b) in relation to the making of the sound broadcast is not retained by the person, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500. (4) It is a defence to a prosecution of a person under subsection (3) in relation to the retention of a record if the person satisfies the court that he or she took all reasonable precautions, and exercised due diligence, to ensure the retention of the record. (5) A person is not liable to be convicted twice of an offence against subsection (3) in relation to the retention of the same record. (6) The owner of the copyright in a literary or dramatic work, or the agent of such an owner, may notify in writing a person who holds or held a print-handicapped radio licence that the owner or agent wishes to inspect: (a) all the records of the person made by or on behalf of the person for the purposes of paragraph (1) (b); or (b) such of those records as relate to the works of a specified author; on a day specified in the notice, being a day (other than a Saturday, Sunday or public holiday) not less than 7 days after the day on which the notice is given. (7) Where a person who receives a notice under subsection (6) does not, without reasonable excuse, allow the owner or agent to inspect the records to which the notice relates during business hours on the day specified in the notice, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500. (8) Where: (a) a sound broadcast of, or of an adaptation of, a literary or dramatic work is made by a person (in this subsection referred to as the "licence holder") being the holder of a print-handicapped radio licence; (b) by virtue of subsection (1), the making of the sound broadcast does not infringe copyright in the work; and (c) the owner of the copyright in the work makes a request in writing at any time during the prescribed retention period after the making of the sound broadcast for payment for the making of the sound broadcast; the licence holder shall pay to the owner of the copyright such an amount by way of equitable remuneration for the making of the sound broadcast as is agreed upon between the owner of the copyright and the licence holder or, in default of agreement, as is determined by the Copyright Tribunal on the application of either the owner of the copyright or the licence holder. (9) Where the Copyright Tribunal has under subsection (8) determined the amount of equitable remuneration payable by a person to the owner of the copyright in a work, the owner of the copyright may recover that amount from the person in a court of competent jurisdiction as a debt due to the owner of the copyright. (10) Nothing in this section affects the right of the owner of the copyright in a literary or dramatic work to grant a licence authorising a person being the holder of a print-handicapped radio licence to make sound broadcasts of, or of adaptations of, the work without infringement of that copyright. (11) In this section: (a) "prescribed retention period" means the period prescribed by the regulations for the purposes of this paragraph; and (b) "print-handicapped radio licence" means a licence in force under the Broadcasting Services Act 1992 or the Radiocommunications Act 1992, being a licence that was granted for the purpose of authorising the making of sound broadcasts to persons who by reason of old age, disability or literacy problems are unable to handle books or newspapers or to read or comprehend written material. COPYRIGHT ACT 1968 - DIVISION 5 Division 5 - Copying of Works in Libraries COPYRIGHT ACT 1968 - SECT 48 Interpretation 48. In this Division, a reference to an article contained in a periodical publication shall be read as a reference to anything (other than an artistic work) appearing in such a publication. COPYRIGHT ACT 1968 - SECT 48A Copying by Parliamentary libraries for members of Parliament 48A. The copyright in a work is not infringed by anything done, for the sole purpose of assisting a person who is a member of a Parliament in the performance of the person's duties as such a member, by an authorized officer of a library, being a library the principal purpose of which is to provide library services for members of that Parliament. COPYRIGHT ACT 1968 - SECT 49 Copying by libraries and archives for users 49. (1) A person may furnish to the officer in charge of a library or archives: (a) a request in writing to be supplied with a copy of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published work other than an article contained in a periodical publication; and (b) a declaration signed by him or her stating: (i) that he or she requires the copy for the purpose of research or study and will not use it for any other purpose; and (ii) that he or she has not previously been supplied with a copy of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives. (2) Subject to this section, where a request and declaration referred to in subsection (1) are furnished to the officer in charge of a library or archives, an authorized officer of the library or archives may, unless the declaration contains a statement that to his or her knowledge is untrue in a material particular, make, or cause to be made, the copy to which the request relates and supply the copy to the person who made the request. (2A) A person may make to an authorized officer of a library or archives: (a) a request to be supplied with a copy of an article, or part of an article, contained in a periodical publication or of the whole or a part of a published work other than an article contained in a periodical publication; and (b) a declaration to the effect that: (i) the person requires the copy for the purpose of research or study and will not use it for any other purpose; (ii) the person has not previously been supplied with a copy of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives; and (iii) by reason of the remoteness of the person's location, the person cannot conveniently furnish to the officer in charge of the library or archives a request and declaration referred to in subsection (1) in relation to the copy soon enough to enable the copy to be supplied to the person before the time by which the person requires it. (2B) A request or declaration referred to in subsection (2A) is not required to be made in writing. (2C) Subject to this section, where: (a) a request and declaration referred to in subsection (2A) are made by a person to an authorized officer of a library or archives; and (b) the authorized officer makes a declaration setting out particulars of the request and declaration made by the person and stating that: (i) the declaration made by the person, so far as it relates to the matters specified in subparagraphs (2A) (b) (i) and (ii), does not contain a statement that, to the knowledge of the authorized officer, is untrue in a material particular; and (ii) the authorized officer is satisfied that the declaration made by the person is true so far as it relates to the matter specified in subparagraph (2A) (b) (iii); an authorized officer of the library or archives may make, or cause to be made, the copy to which the request relates and supply the copy to the person. (3) Where a charge is made for making and supplying a copy to which a request under subsection (1) or (2A) relates, subsection (2) or (2C), as the case may be, does not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy. (4) Subsection (2) or (2C) does not apply in relation to a request for a copy of, or parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject matter. (5) Subsection (2) or (2C) does not apply to a request for a copy of the whole of a work (other than an article contained in a periodical publication), or to a copy of a part of such a work that contains more than a reasonable portion of the work unless: (a) the work forms part of the library or archives collection; and (b) before the copy is made, an authorized officer has, after reasonable investigation, made a declaration stating that he or she is satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price. (6) The copyright in an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1) or (2A), of a copy of the article, or of a part of the article, in accordance with subsection (2) or (2C), as the case may be, unless the copy is supplied to a person other than the person who made the request. (7) The copyright in a published work other than an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1) or (2A), of a copy of the work, or of a part of the work, in accordance with subsection (2) or (2C), as the case may be, unless the copy is supplied to a person other than the person who made the request. (8) The regulations may exclude the application of subsection (6) or (7) in such cases as are specified in the regulations. (9) In this section, "library" does not include a library that is conducted for the profit, direct or indirect, of an individual or individuals. COPYRIGHT ACT 1968 - SECT 50 Copying by libraries or archives for other libraries or archives 50. (1) The officer in charge of a library may request, or cause another person to request, the officer in charge of another library to supply the officer in charge of the first-mentioned library with a copy of an article, or a part of an article, contained in a periodical publication, or of the whole or a part of a published work other than an article contained in a periodical publication: (a) for the purpose of including the copy in the collection of the first-mentioned library; (aa) in a case where the principal purpose of the first-mentioned library is to provide library services for members of a Parliament - for the purpose of assisting a person who is a member of that Parliament in the performance of the person's duties as such a member; or (b) for the purpose of supplying the copy to a person who has made a request for the copy under section 49. (2) Subject to this section, where a request is made by or on behalf of the officer in charge of a library to the officer in charge of another library under subsection (1), an authorized officer of the last-mentioned library may make, or cause to be made, the copy to which the request relates and supply the copy to the officer in charge of the first-mentioned library. (3) Where, under subsection (2), an authorized officer of a library makes, or causes to be made, a copy of the whole or a part of a work and supplies it to the officer in charge of another library in accordance with a request made under subsection (1): (a) the copy shall, for all purposes of this Act, be deemed to have been made on behalf of an authorized officer of the other library for the purpose for which the copy was requested; and (b) an action shall not be brought against the body administering that first-mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that copy. (4) Subject to this section, where a copy of the whole or a part of an article contained in a periodical publication, or of any other published work, is, by virtue of subsection (3), to be deemed to have been made on behalf of an authorized officer of a library, the copyright in the article or other work is not infringed by the making of the copy. (5) The regulations may exclude the application of subsection (4) in such cases as are specified in the regulations. (6) Where a charge is made for making and supplying a copy to which a request under subsection (1) relates, subsection (4) does not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy. (7) Where: (a) a copy (in this subsection referred to as the "relevant copy") of, or of a part of, an article, or of the whole or a part of another work, is supplied under subsection (2) to the officer in charge of a library; and (b) a copy of the same article or other work, or of the same part of the article or other work, as the case may be, has previously been supplied under subsection (2) for the purpose of inclusion in the collection of the library; subsection (4) does not apply to or in relation to the relevant copy unless, as soon as practicable after the request under subsection (1) relating to the relevant copy is made, an authorized officer of the library makes a declaration: (c) setting out particulars of the request (including the purpose for which the relevant copy was requested); and (d) stating that the copy referred to in paragraph (b) has been lost, destroyed or damaged, as the case requires. (7A) Where a copy of the whole of a work (other than an article contained in a periodical publication), or of a part of such a work that contains more than a reasonable portion of the work, is supplied under subsection (2) to the officer in charge of a library, subsection (4) does not apply to or in relation to the copy unless: (a) in a case where the principal purpose of the library is to provide library services for members of a Parliament - the copy is so supplied for the purpose of assisting a person who is a member of that Parliament in the performance of the person's duties as such a member; or (b) as soon as practicable after the request under subsection (1) relating to the copy is made, an authorized officer of the library makes a declaration: (i) setting out particulars of the request (including the purpose for which the copy was requested); and (ii) stating that, after reasonable investigation, the authorized officer is satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price. (8) Subsection (4) does not apply to a copy of, or of parts of, 2 or more articles that are contained in the same periodical publication and that have been requested for the same purpose unless the articles relate to the same subject matter. (9) In this section, a reference to a library shall be read as a reference to a library other than a library that is conducted for the profit, direct or indirect of an individual or individuals, and as including a reference to archives. COPYRIGHT ACT 1968 - SECT 51 Copying of unpublished works in libraries or archives 51. (1) Where, at a time more than 50 years after the expiration of the calendar year in which the author of a literary, dramatic or musical work, or of an artistic work being a photograph or engraving, died, and more than 75 years after the time at which, or the expiration of the period during which, the work was made, copyright subsists in the work but: (a) the work has not been published; and (b) a copy of the work, or, in the case of a literary, dramatic or musical work, the manuscript of the work, is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, open to public inspection; the copyright in the work is not infringed: (c) by the making of a copy of the work by a person for the purpose of research or study or with a view to publication; or (d) by the making of a copy of the work by, or on behalf of, the officer in charge of that library or archives if the copy is supplied to a person who satisfies the officer in charge of that library or archives that the person requires the copy for the purpose of research or study or with a view to publication and that the person will not use it for any other purpose. (2) Where a manuscript, or a copy, of a thesis or other similar literary work that has not been published is kept in a library of a university or other similar institution or in an archives, the copyright in the thesis or other work is not infringed by the making of a copy of the thesis or other work by or on behalf of the officer in charge of the library or archives if the copy is supplied to a person who satisfies an authorized officer of the library or archives that he requires the copy for the purpose of research or study. COPYRIGHT ACT 1968 - SECT 51AA Copying of works in Australian Archives 51AA. (1) The copyright in a work that is kept in the collection of the Australian Archives, where it is open to public inspection, is not