- COPYRIGHT AMENDMENT ACT 1980 No. 154, 1980
- SECT. 1.Short title.
- SECT. 2.Commencement
- SECT. 3.Copyright not to subsist except by virtue of this Act or the Designs Act
- SECT. 4.
- SECT. 5.Interpretation
- SECT. 6.
- SECT. 7.Fair dealing for purpose of research or study
- SECT. 8.Reproduction for purpose of judicial proceedings or professional advice
- SECT. 9.
- SECT. 10.
- SECT. 11.Copying of unpublished works in libraries or archives
- SECT. 12.
- SECT. 13.Application of Division to illustrations accompanying articles and otherworks
- SECT. 14.
- SECT. 15.
- SECT. 16.
- SECT. 17.Offences
- SECT. 18.Penalties
- SECT. 19.
- SECT. 20.
- SECT. 21.
- SECT. 22.
- SECT. 23.
- SECT. 24.Use of copyright material for the services of the Crown
- SECT. 25.
- SECT. 26.Use of works and broadcasts for educational purposes
- SECT. 27.
- SECT. 28.Further amendments
- SCHEDULE
- PART I
- AMENDMENTS RELATING TO COPIES OF SOUND RECORDINGS
- PART II
- FORMAL AMENDMENTS
- NOTES
COPYRIGHT AMENDMENT ACT 1980 No. 154, 1980
COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 1.
Short title.
COPYRIGHT AMENDMENT ACT 1980
No. 154 of 1980
An Act to amend the Copyright Act 1968
BE IT ENACTED by the Queen, and the Senate and the House of Representatives
of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Copyright Amendment Act 1980.*1*
(2) The Copyright Act 1968*2* is in this Act referred to as the Principal
Act.
COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 2.
Commencement
2. (1) Sections 17, 18 and 19 shall come into operation on the day on which
this Act receives the Royal Assent*1*
(2) The remaining provisions of this Act shall come into operation upon a
date to be fixed by Proclamation.
COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 3.
Copyright not to subsist except by virtue of this Act or the Designs Act
3. Section 8 of the Principal Act is amended-
(a) by omitting from sub-section (1) "the next succeeding sub-section" and
substituting "section 8A"; and
(b) by omitting sub-section (2).
COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 4.
4. After section 8 of the Principal Act the following section is inserted:
Prerogative rights of the Crown in the nature of copyright
"8A. (1) Subject to sub-section (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, he 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 sub-section (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 AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 5.
Interpretation
5. Section 10 of the Principal Act is amended-
(a) by inserting after the definition of "adaption" the following
definition:
"'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 sub-section (4);";
(b) by inserting after the definition of "author" the following definition:
"'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 behalf;";
(c) by inserting after the definition of "calendar year" the following
definition:
"'central records authority' means a body, whether incorporated or
unincorporated-
(a) which is established for the purpose of holding records that are
deposited with it under section 203B or 203G in respect of copies of works and
parts of works made by educational institutions in reliance on section 53B and
by institutions assisting handicapped readers in reliance on section 53D; and
(b) which is declared by the regulations to be a central records authority
for the purposes of this Act;";
(d) by inserting after the definition of "drawing" the following
definition:
"'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, other than an institution referred to in paragraph (a)
or (b), that conducts courses of primary, secondary or tertiary education by
correspondence or on an external study basis;
(d) an institution (other than an institution referred to in paragraph