- Copyright Regulations 1969
- Statutory Rules 1969 No. 58 as amended
- Contents
- Part 1 Preliminary
- Part 2 Copyright in original works
- 4B Notices to be displayed
- 4BA Destruction of records or copies — subsection 47AA(3) of the Act
- 4C Sound broadcasts by holders of print disability radio licences
- 4D Notice of communication — paragraph 49 (7A) (c) of the Act
- 5 Notice of intended publication of unpublished work kept in public library
- 6 Countries in relation to which Division 6 of Part III of the Act applies
- 7 Notice of intended making of record of musical work
- 8 Payment of royalty by manufacturer of records of musical works
- 9 Payment of royalty by affixing adhesive labels
- 10 Payment of royalty where owner of copyright fails to supply adhesive labels
- 11 Deposit of moneys by manufacturer of records with owner of copyright in musical work
- 12 Payment of royalty where owner of copyright can not be found
- 13 Payment of royalties to certain overseas copyright owners
- 14 Certification of statements
- 15 Prescribed period in relation to making of records of musical works
- 16 Inquiries in relation to previous records of musical works
- 17 Circumstances in which design is taken to be applied industrially
- Part 3 Copyright in subject-matter other than works
- 17A Notice requirements — paragraph 104B (b) of the Act
- 18 Prescribed period in relation to public performanceof recordings first published outside Australia
- 19 Prescribed period in relation to broadcasts of recordings not published in Australia
- 20 Destruction of copies — subsection 110C (3) of the Act
- Part 3A Limitation on remedies available against carriage service providers
- Division 3A. 1 Preliminary
- Division 3A.2 Conditions — cached copyright material
- Division 3A.3 Conditions — copyright material found to be infringing by an Australian court
- Division 3A.4 Conditions — takedown of copyright material following notice from copyright owner
- Division 3A.5 Conditions — procedure following takedown of copyright material other than following notice by copyright owner
- Division 3A.6 Conditions — takedown of reference to copyright material following notice from copyright owner
- Division 3A.7 Civil remedies
- Part 3B Technological protection measures
- Part 4 Remedies for infringements of copyright
- 21 Restriction of importation into Australia of copyright material
- 22 Notice of seizure — specified period for beginning action for infringement of copyright
- 22A Notice of seizure — prescribed period for extension of retention period
- 23 Restriction of importation into Norfolk Island of printed copies of works
- Part 5 Copying and communication of broadcasts by educational and other institutions
- 23A Definitions
- 23B Marking of copies etc — paragraph 135K (1) (a) of the Act
- 23C Contents of record — paragraph 135K (1) (b) of theAct
- 23D Prescribed retention period — paragraph 135K (1) (c) of the Act
- 23E Sending of copies of records — paragraph 135K (1)(d) of the Act
- 23F Prescribed manner of keeping records — paragraph135K (2) (a) of the Act
- 23G Form of record — paragraph 135K (2) (b) of the Act
- 23H Marking of copies etc — subsection 135K (3) of the Act
- 23HA Prescribed circumstances — section 135KA of theAct
- 23HB Notice requirements — paragraph 135KA (a) of the Act
- 23J Prescribed provisions — paragraph 135P (3) (d) of the Act
- Part 5A Reproduction and communication of works etc by educational and otherinstitutions
- 23JA Interpretation
- 23JB Prescribed message (Act s 135ZQ (3))
- 23JC Marking of relevant reproductions — subsection 135ZQ (4) of the Act
- 23JD Prescribed message (Act s 135ZT (3))
- 23JE Marking of copies — subsection 135ZT (4) of the Act
- 23JF Marking of licensed copies etc — paragraph 135ZX(1) (a) of the Act
- 23JG Prescribed particulars — paragraph 135ZX (1) (b) of the Act
- 23JH Prescribed retention period — paragraph 135ZX (1)(c) of the Act
- 23JJ Sending of copies of records — paragraph 135ZX(1) (d) of the Act
- 23JK Prescribed manner of keeping records — paragraph135ZX (2) (a) of the Act
- 23JL Prescribed form — paragraph 135ZX (2) (b) of the Act
- 23JLA Notice requirements — paragraph 135ZXA (a) of the Act
- 23JM Prescribed provisions — paragraph 135ZZB (3) (d) of the Act
- Part 6 Retransmission of free-to-airbroadcasts
- Part 6A Infringement notices and forfeiture of infringing copies and devices
- Division 6A.1 Preliminary
- Division 6A.2 Forfeiture of infringing articles and devices
- Division 6A.3 Infringement notices
- Subdivision 6A.3.1 Contents of infringement notices
- Subdivision 6A.3.2 Penalties
- Subdivision 6A.3.3 Withdrawal of infringement notices
- Part 7 Miscellaneous
- Schedule 3 (regulations 4B and 17A)
- Schedule 3A
- Schedule 3B
- Schedule 4 (regulation 4D)
- Schedule 8
- Schedule 9 (regulation 17A)
- Schedule 10
- Part 1 Form of notification in relation to cached copyright material
- Part 2 Form of notice in relation to copyright material found to be infringing by an Australian court
- Part 3 Form of notice of claimed infringement by owner or agent — copyright material
- Part 4 Form of counter-notice in response to notice of claimed infringement by owner or agent
- Part 5 Form of counter-notice in response to takedown of copyright material other than following notice by owner or agent
- Part 6 Form of notice of claimed infringement by owner or agent — reference to copyright material
- Schedule 10A Prescribed acts
- Schedule 11 (regulation 23)
- Schedule 11AA
- Schedule 11AB (regulation 23G)
- Schedule 11AC (regulation 23HB)
- Schedule 11A (regulation 23JN( �/A>
- Schedule 11B (regulation 23JLA)
- Schedule 11C
- Schedule 12(regulation 26)
- Notes to the Copyright Regulations 1969
- Note 1
- Table of Instruments
- Table of Amendments
Copyright Regulations 1969
Statutory Rules 1969 No. 58 as amended
made under the
Copyright Act 1968
This compilation was prepared on 1 January 2007 taking into account amendments up to SLI 2006 No. 328
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Page Contents Part 1 Preliminary 1 2 3 Name of regulations [see Note 1] Commencement [see Note 1] Interpretation 999 Part 2 Copyright in original works 4B 4BA 4C Notices to be displayed Destruction of records or copies — subsection 47AA (3) of the Act Sound broadcasts by holders of print disability radio licences 111111 4D Notice of communication — paragraph 49 (7A) (c) of the Act 12 5 6 7 Notice of intended publication of unpublished work kept in public library Countries in relation to which Division 6 of Part III of the Act applies Notice of intended making of record of musical work 1213 14 8 Payment of royalty by manufacturer of records of musical works 16 9 10 11 12 Payment of royalty by affixing adhesive labels Payment of royalty where owner of copyright fails to supply adhesive labels Deposit of moneys by manufacturer of records with owner of copyright in musical work Payment of royalty where owner of copyright cannot be found 17181925 13 Payment of royalties to certain overseas copyright owners 27 14 Certification of statements 28 15 Prescribed period in relation to making of records of musical works 29 16 Inquiries in relation to previous records of musical works 29 17 Circumstances in which design is taken to be applied industrially 31 2 Copyright Regulations 1969
Page
Part 3 Copyright in subject-matter other than works
17A Notice requirements — paragraph 104B (b) of the Act 32 18 Prescribed period in relation to public performance of recordings first published outside Australia 32 19 Prescribed period in relation to broadcasts of recordings not published in Australia 32 20 Destruction of copies — subsection 110C (3) of the Act 32
Part 3A Limitation on remedies available against carriage service providers
Division 3A.1 Preliminary
20A Definitions for Part 3A 33 20B Industry code (Act s 116AB) 34 20C Designated representative 34 20D Requirements for notifications and notices issued
under this Part 35
Division 3A.2 Conditions — cached copyright material
20E Notification in relation to Category B activity 35
Division 3A.3 Conditions — copyright material found to be infringing by an Australian court
20F Notice in relation to Category C and D activities 36
Division 3A.4 Conditions — takedown of copyright material following notice from copyright owner
20G Application of Division 3A.4 36 20H Definitions for Division 3A.4 37 20I Notice of claimed infringement 37 20J Takedown procedure 37
20K Counter-notice 38 20L Copy of counter-notice to be sent to copyright owner 39 20M Restoring copyright material 39
Page
Division 3A.5 Conditions — procedure following takedown of copyright material other than following notice by copyright owner
20N Application of Division 3A.5 40 20P Notice to user 41 20Q Counter-notice 42 20R Restoring copyright material 42
Division 3A.6 Conditions — takedown of reference to copyright material following notice from copyright owner
20S Application of Division 3A.6 43 20T Notice of claimed infringement 43 20U Takedown procedure 43
Division 3A.7 Civil remedies
20V Action taken to comply with a condition 44 20W Failure to restore or enable access to copyright material 44 20X Misrepresentations in notifications and notices 45
Part 3B Technological protection measures
20Y Meaning of copyright material 46 20Z Prescribed acts 46
Part 4 Remedies for infringements of copyright
21 Restriction of importation into Australia of copyright material 47 22 Notice of seizure — specified period for beginning action for infringement of copyright 47 22A Notice of seizure — prescribed period for extension of retention period 47 23 Restriction of importation into Norfolk Island of printed copies of works 47
Part 5 Copying and communication of broadcasts by educational and other institutions
23A Definitions 51
Page
23B Marking of copies etc — paragraph 135K (1) (a) of the Act 51 23C Contents of record — paragraph 135K (1) (b) of the Act 52 23D Prescribed retention period — paragraph 135K (1) - (c)
- of the Act 53 23E Sending of copies of records — paragraph 135K
- (1)
- (d) of the Act 53 23F Prescribed manner of keeping records — paragraph 135K (2) (a) of the Act 53 23G Form of record — paragraph 135K (2) (b) of the Act 54 23H Marking of copies etc — subsection 135K (3) of the Act 54 23HA Prescribed circumstances — section 135KA of the Act 54 23HB Notice requirements — paragraph 135KA (a) of the Act 55
23J Prescribed provisions — paragraph 135P (3) (d) of the Act 55
Part 5A Reproduction and communication of works etc by educational and other institutions
23JA Interpretation 58 23JB Prescribed message (Act s 135ZQ (3)) 58 23JC Marking of relevant reproductions — subsection
135ZQ (4) of the Act 58 23JD Prescribed message (Act s 135ZT (3)) 59 23JE Marking of copies — subsection 135ZT (4) of the
Act 59 23JF Marking of licensed copies etc — paragraph 135ZX (1) (a) of the Act 60 23JG Prescribed particulars — paragraph 135ZX (1) (b) of the Act 61 23JH Prescribed retention period — paragraph 135ZX
(1) (c) of the Act 63 23JJ Sending of copies of records — paragraph 135ZX
(1) (d) of the Act 63
23JK Prescribed manner of keeping records — paragraph 135ZX (2) (a) of the Act 63
Page
23JL Prescribed form — paragraph 135ZX (2) (b) of the Act 63 23JLA Notice requirements — paragraph 135ZXA (a) of the Act 63 23JM Prescribed provisions — paragraph 135ZZB (3) (d) of the Act 64
Part 6 Retransmission of free-to-air broadcasts
23K Identity cards — subsection 135ZZQ (1) of the Act 67 23L Rules of a collecting society — paragraph 135ZZT (3) (d) of the Act 67
Part 6A Infringement notices and forfeiture of infringing copies and devices
Division 6A.1 Preliminary
23M Purpose of Part 71 23N Definitions 72
Division 6A.2 Forfeiture of infringing articles and devices
23O Forfeiture of infringing articles and devices 73
Division 6A.3 Infringement notices
Subdivision 6A.3.1 Contents of infringement notices
23P When an infringement notice can be given 74 23Q Contents of infringement notice 75
Subdivision 6A.3.2 Penalties
23R Amount of penalty if infringement notice given 75 23S Extension of time to pay penalty 75 23T Payment of penalty by instalments 76 23U Time for payment of penalty 76 23V Effect of payment of penalty and forfeiture of
infringing articles and devices 77
Subdivision 6A.3.3 Withdrawal of infringement notices
23W Withdrawal of infringement notice by nominated person 78 23X Withdrawal of infringement notice by authorised officer 79 23Y Notice of withdrawal of infringement notices 79 23Z Refund of penalty 80
Page
Part 7 Miscellaneous
24 Effect of suspension of orders of Copyright Tribunal 81 25 Notification of use of copyright material for services of the Crown 81 25AA Other information and particulars for notices under section 195AT 83 25A Prescribed retention period for the purposes of Part X of the Act 85 25B Retention of declarations — subsection 203G (3) of the Act 85 26 International organizations to which the Act applies 85 27 Service of documents in Australia 86
Schedule 3 87
Schedule 3A Record of making of broadcast by or on behalf of
a holder of a print disability radio licence of the
whole or part of an article contained in a
periodical publication 89
Schedule 3B Record of making of broadcast by or on behalf of
a holder of a print disability radio licence of the
whole or part of a work not being an article
contained in a periodical publication 90
Schedule 4 91
Schedule 8 92
Schedule 9 94
Schedule 10 Forms for Part 3A 95 Part 1 Form of notification in relation to cached copyright
material 95 Part 2 Form of notice in relation to copyright material
found to be infringing by an Australian court 97 Part 3 Form of notice of claimed infringement by owner or
agent — copyright material 99 Part 4 Form of counter-notice in response to notice of
claimed infringement by owner or agent 101 Part 5 Form of counter-notice in response to takedown of
copyright material other than following notice by
owner or agent 104 Part 6 Form of notice of claimed infringement by owner or
agent — reference to copyright material 106
Page Schedule 10A Prescribed acts 108 Schedule 11 111 Schedule 11AA Record of the copying of a broadcast in reliance on Part VA of the Copyright Act 1968 112 Schedule 11AB 113 Schedule 11AC 114 Schedule 11A 115 Schedule 11B 117 Schedule 11C Form of infringement notice 118 Schedule 12 121
Notes 122
Regulation 3
Part 1 Preliminary
1 Name of regulations [see Note 1]
These regulations are the Copyright Regulations 1969.
2 Commencement [see Note 1]
These regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.
3 Interpretation
- (1)
- In these regulations, unless the contrary intention appears: address for service in Australia means an address at which
service may be effected in accordance with regulation 27 of these Regulations. the Act means the Copyright Act 1968. the previous Act means the Copyright Act, 1911.
- (2)
- For the purposes of these regulations, a corporation shall be taken to reside in Australia if the corporation has a registered office in Australia under a law of a State or Territory of the Commonwealth and any such office shall be deemed to constitute a place of residence of the corporation.
- (3)
- A reference in these regulations to a record having been sold shall be read as including a reference to a record having been disposed of gratuitously in circumstances where, by virtue of section 60 of the Act, Division 6 of Part III of the Act applies as if that disposal were a sale of the record by retail.
- (4)
- Without limiting the application in relation to these Regulations of paragraph (a) of section 46 of the Acts Interpretation Act 1901-1966, an expression used in any of these regulations that:
(a) is also used in a section of the Act for the purposes of which, or of a provision of which, that regulation is made; and
Regulation 3
(b) has, in that section, a defined or other specified meaning; has the same meaning in that regulation.
Regulation 4C
Part 2 Copyright in original works
4
Statutory Rules 1969 No. 58 as amended
made under the
Copyright Act 1968
This compilation was prepared on 1 January 2007 taking into account amendments up to SLI 2006 No. 328
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Page
17A Notice requirements — paragraph 104B (b) of the Act 32 18 Prescribed period in relation to public performance of recordings first published outside Australia 32 19 Prescribed period in relation to broadcasts of recordings not published in Australia 32 20 Destruction of copies — subsection 110C (3) of the Act 32
20A Definitions for Part 3A 33 20B Industry code (Act s 116AB) 34 20C Designated representative 34 20D Requirements for notifications and notices issued
under this Part 35
20E Notification in relation to Category B activity 35
Division 3A.3 Conditions — copyright material found to be infringing by an Australian court
20F Notice in relation to Category C and D activities 36
Division 3A.4 Conditions — takedown of copyright material following notice from copyright owner
20G Application of Division 3A.4 36 20H Definitions for Division 3A.4 37 20I Notice of claimed infringement 37 20J Takedown procedure 37
20K Counter-notice 38 20L Copy of counter-notice to be sent to copyright owner 39 20M Restoring copyright material 39
Page
Division 3A.5 Conditions — procedure following takedown of copyright material other than following notice by copyright owner
20N Application of Division 3A.5 40 20P Notice to user 41 20Q Counter-notice 42 20R Restoring copyright material 42
Division 3A.6 Conditions — takedown of reference to copyright material following notice from copyright owner
20S Application of Division 3A.6 43 20T Notice of claimed infringement 43 20U Takedown procedure 43
20V Action taken to comply with a condition 44 20W Failure to restore or enable access to copyright material 44 20X Misrepresentations in notifications and notices 45
20Y Meaning of copyright material 46 20Z Prescribed acts 46
21 Restriction of importation into Australia of copyright material 47 22 Notice of seizure — specified period for beginning action for infringement of copyright 47 22A Notice of seizure — prescribed period for extension of retention period 47 23 Restriction of importation into Norfolk Island of printed copies of works 47
23A Definitions 51
Page
23B Marking of copies etc — paragraph 135K (1) (a) of the Act 51 23C Contents of record — paragraph 135K (1) (b) of the Act 52 23D Prescribed retention period — paragraph 135K (1) 23J Prescribed provisions — paragraph 135P (3) (d) of the Act 55
23JA Interpretation 58 23JB Prescribed message (Act s 135ZQ (3)) 58 23JC Marking of relevant reproductions — subsection
135ZQ (4) of the Act 58 23JD Prescribed message (Act s 135ZT (3)) 59 23JE Marking of copies — subsection 135ZT (4) of the
Act 59 23JF Marking of licensed copies etc — paragraph 135ZX (1) (a) of the Act 60 23JG Prescribed particulars — paragraph 135ZX (1) (b) of the Act 61 23JH Prescribed retention period — paragraph 135ZX
(1) (c) of the Act 63 23JJ Sending of copies of records — paragraph 135ZX
(1) (d) of the Act 63
23JK Prescribed manner of keeping records — paragraph 135ZX (2) (a) of the Act 63
Page
23JL Prescribed form — paragraph 135ZX (2) (b) of the Act 63 23JLA Notice requirements — paragraph 135ZXA (a) of the Act 63 23JM Prescribed provisions — paragraph 135ZZB (3) (d) of the Act 64
23K Identity cards — subsection 135ZZQ (1) of the Act 67 23L Rules of a collecting society — paragraph 135ZZT (3) (d) of the Act 67
Part 6A Infringement notices and forfeiture of infringing copies and devices
23M Purpose of Part 71 23N Definitions 72
23O Forfeiture of infringing articles and devices 73
23P When an infringement notice can be given 74 23Q Contents of infringement notice 75
Subdivision 6A.3.2 Penalties
23R Amount of penalty if infringement notice given 75 23S Extension of time to pay penalty 75 23T Payment of penalty by instalments 76 23U Time for payment of penalty 76 23V Effect of payment of penalty and forfeiture of
infringing articles and devices 77
Subdivision 6A.3.3 Withdrawal of infringement notices
23W Withdrawal of infringement notice by nominated person 78 23X Withdrawal of infringement notice by authorised officer 79 23Y Notice of withdrawal of infringement notices 79 23Z Refund of penalty 80
Page
Part 7 Miscellaneous
24 Effect of suspension of orders of Copyright Tribunal 81 25 Notification of use of copyright material for services of the Crown 81 25AA Other information and particulars for notices under section 195AT 83 25A Prescribed retention period for the purposes of Part X of the Act 85 25B Retention of declarations — subsection 203G (3) of the Act 85 26 International organizations to which the Act applies 85 27 Service of documents in Australia 86
Schedule 3 87
a holder of a print disability radio licence of the
whole or part of an article contained in a
periodical publication 89
a holder of a print disability radio licence of the
whole or part of a work not being an article
contained in a periodical publication 90
Schedule 4 91
Schedule 8 92
Schedule 9 94
Schedule 10 Forms for Part 3A 95 Part 1 Form of notification in relation to cached copyright
material 95 Part 2 Form of notice in relation to copyright material
found to be infringing by an Australian court 97 Part 3 Form of notice of claimed infringement by owner or
agent — copyright material 99 Part 4 Form of counter-notice in response to notice of
claimed infringement by owner or agent 101 Part 5 Form of counter-notice in response to takedown of
copyright material other than following notice by
owner or agent 104 Part 6 Form of notice of claimed infringement by owner or
agent — reference to copyright material 106
Page Schedule 10A Prescribed acts 108 Schedule 11 111 Schedule 11AA Record of the copying of a broadcast in reliance on Part VA of the Copyright Act 1968 112 Schedule 11AB 113 Schedule 11AC 114 Schedule 11A 115 Schedule 11B 117 Schedule 11C Form of infringement notice 118 Schedule 12 121
Notes 122
Regulation 3
1 Name of regulations [see Note 1]
These regulations are the Copyright Regulations 1969.
These regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.
(a) is also used in a section of the Act for the purposes of which, or of a provision of which, that regulation is made; and
Regulation 3
(b) has, in that section, a defined or other specified meaning; has the same meaning in that regulation.
Regulation 4C
4
Page Contents Part 1 Preliminary 1 2 3 Name of regulations [see Note 1] Commencement [see Note 1] Interpretation 999 Part 2 Copyright in original works 4B 4BA 4C Notices to be displayed Destruction of records or copies — subsection 47AA (3) of the Act Sound broadcasts by holders of print disability radio licences 111111 4D Notice of communication — paragraph 49 (7A) (c) of the Act 12 5 6 7 Notice of intended publication of unpublished work kept in public library Countries in relation to which Division 6 of Part III of the Act applies Notice of intended making of record of musical work 1213 14 8 Payment of royalty by manufacturer of records of musical works 16 9 10 11 12 Payment of royalty by affixing adhesive labels Payment of royalty where owner of copyright fails to supply adhesive labels Deposit of moneys by manufacturer of records with owner of copyright in musical work Payment of royalty where owner of copyright cannot be found 17181925 13 Payment of royalties to certain overseas copyright owners 27 14 Certification of statements 28 15 Prescribed period in relation to making of records of musical works 29 16 Inquiries in relation to previous records of musical works 29 17 Circumstances in which design is taken to be applied industrially 31 2 Copyright Regulations 1969 Part 3 Copyright in subject-matter other than works
Part 3A Limitation on remedies available against carriage service providers
Division 3A.1 Preliminary
Division 3A.2 Conditions — cached copyright material
Division 3A.7 Civil remedies
Part 3B Technological protection measures
Part 4 Remedies for infringements of copyright
Part 5 Copying and communication of broadcasts by educational and other institutions
Part 5A Reproduction and communication of works etc by educational and other institutions
Part 6 Retransmission of free-to-air broadcasts
Division 6A.1 Preliminary
Division 6A.2 Forfeiture of infringing articles and devices
Division 6A.3 Infringement notices
Subdivision 6A.3.1 Contents of infringement notices
Schedule 3A Record of making of broadcast by or on behalf of
Schedule 3B Record of making of broadcast by or on behalf of
Part 1 Preliminary
2 Commencement [see Note 1]
3 Interpretation
Part 2 Copyright in original works