Copyright (International Protection)
Regulations 1969
Authorised Version F2019C00084 registered 22/01/2019
Statutory Rules No. 60, 1969
made under the
Copyright Act 1968
Compilation No. 13
Compilation date: 1 January 2019
Includes amendments up to: F2018L01609
Registered: 22 January 2019
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Copyright (International Protection) Regulations 1969 that shows
the text of the law as amended and in force on 1 January 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending
laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any
uncommenced amendments affecting the law are accessible on the Legislation Register
(www.legislation.gov.au). The details of amendments made up to, but not commenced at, the
compilation date are underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an
application, saving or transitional provision that is not included in this compilation, details are
included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the
modification does not amend the text of the law. Accordingly, this compilation does not show
the text of the compiled law as modified. For more information on any modifications, see the
series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the
law, details are included in the endnotes.
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Contents
Part 1—Preliminary 1 1 1Name of regulations
2 1Authority
3 1Interpretation
Part 2—Application of Act to works and subject-matter other
than a work 5 4 Protection—application of the Act (other than Part XIA) to
specified foreign countries 5
5 Copyright not to subsist in overseas editions in certain cases 8
6 Copyright in certain sound recordings may include right to
cause the recording to be heard in public 8
7 Copyright in certain sound recordings may include right to
broadcast the recording 9
Part 3—Application of Act to performances 11 8 Protection—application of Part XIA of the Act to specified
foreign countries 11
Part 4—Application, savings and transitional provisions 14 9 Works made before 1 July 1912 14
10 Works first published before 1 May 1969 14
11 Sound recording made before 1 May 1969—UCC countries 14
12 Published works etc relating to post-1969 UCC countries 15
13 Action taken in relation to works etc before a foreign country
becomes a country to which these Regulations apply 15
14 Saving 16
15 Amendments made by the Copyright (International
Protection) Amendment Regulations 2018 16
Schedule 3—Secondary uses of sound recordings 18
Endnotes 21
Endnote 1—About the endnotes 21
Endnote 2—Abbreviation key 22
Endnote 3—Legislation history 23
Endnote 4—Amendment history 24
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Preliminary Part 1
Regulation 1
Part 1—Preliminary
1 Name of regulations
These regulations are the Copyright (International Protection) Regulations 1969.
2 Authority
These regulations are made under the Copyright Act 1968.
3 Interpretation
Note: A number of expressions used in this instrument are defined in the Act, including the
following:
(a) broadcast;
(b) cinematograph film;
(c) sound broadcast;
(d) sound recording;
(e) television broadcast;
(f) work.
(1) In these Regulations:
amending Regulations means the Copyright (International Protection)
Amendment Regulations 2003 (No. 1).
at a material time means:
(a) in relation to, or in relation to the application of the Act in respect of, a
work or subject matter other than a work that is unpublished:
(i) at the time when the work or subject-matter other than a work was
made; or
(ii) if the making of the work or subject-matter other than a work
extended over a period—over a substantial part of that period; and
(b) in relation to, or in relation to the application of the Act in respect of, a
work or subject-matter other than a work that has been published—at the
time when the work or subject-matter other than a work was first
published; and
(c) in relation to a sound broadcast or a television broadcast—the time when
that broadcast was made; and
(d) in relation to a performance—the time when the performance was given.
Australian retransmission means a retransmission of a television broadcast:
(a) over the Internet; and
(b) made from a place in Australia.
Australian television broadcast means a television broadcast mentioned in
section 91 of the Act.
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Regulation 3
Berne Convention country:
(a) means a foreign country that is a party to the International Convention for
the Protection of Literary and Artistic Works concluded at Berne on
9 September 1886 (the Berne Convention); and
(b) if application of the Berne Convention is extended, in accordance with
international law, to a territory (however described) of the foreign
country—includes that territory.
Note 1: For information as to which countries are parties to the Berne Convention, see, for
example, the World Intellectual Property Organization website at www.wipo.int.
Note 2: For the application of these Regulations, before the commencement of the amending
Regulations, to a territory of a foreign country, see subregulation 3 (4) before its repeal
by the amending Regulations.
broadcaster, for an encoded broadcast, has the meaning given by section 135AL
of the Act.
encoded broadcast has the meaning given by section 135AL of the Act.
foreign country means a country other than Australia.
foreign encoded broadcast: see subregulation 4(7C).
performance means a performance of a kind referred to in paragraph (a), (b), (c),
(d) or (e) of the definition of performance in subsection 248A (1) of the Act but
does not include a performance of a kind referred to in subsection 248A (2) of
the Act.
relevant broadcaster, in relation to a sound broadcast or a television broadcast,
means a person who:
(a) is entitled, under the law of the country from which the sound broadcast or
television broadcast is made, to make that sound broadcast or television
broadcast; and
(b) is, at a material time:
(i) a citizen or national of that country; or
(ii) a person resident in, or a body corporate that has its headquarters in,
that country.
Rome Convention country:
(a) means a foreign country that is a party to the International Convention for
the Protection of Performers, Producers of Phonograms and Broadcasting
Organisations done at Rome on 26 October 1961 (the Rome Convention);
and
(b) if application of the Rome Convention is extended, in accordance with
international law, to a territory (however described) of the foreign
country—includes that territory.
Note 1: For information as to which countries are parties to the Rome Convention, see, for
example, the World Intellectual Property Organization website at www.wipo.int.
Note 2: For the application of these Regulations, before the commencement of the amending
Regulations, to a territory of a foreign country, see subregulation 3 (4) before its repeal
by the amending Regulations.
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Regulation 3
Schedule 3 country:
(a) means a country that is specified in Schedule 3 as a country that provides
rights for secondary uses of sound recordings; and
(b) if a territory (however described) of the country also provides those
rights—includes that territory.
Note: For the application of these Regulations, before the commencement of the amending
Regulations, to a territory of a foreign country, see subregulation 3 (4) before its repeal
by the amending Regulations.
subject-matter other than a work means any of the following:
(a) a published edition of a work or works;
(b) a sound recording;
(c) a cinematograph film;
(d) a sound broadcast;
(e) a television broadcast.
the Act means the Copyright Act 1968.
UCC country:
(a) means a foreign country that:
(i) is a party to the Universal Copyright Convention; and
(ii) is neither a Berne Convention country nor a WTO country; and
(b) if application of the Universal Copyright Convention is extended, in
accordance with international law, to a territory (however described) of the
foreign country—includes that territory.
Note 1: For information as to which countries are parties to the Universal Copyright
Convention, see, for example, the United Nations Educational, Scientific and Cultural
Organization website at www.unesco.org.
Note 2: For the application of these Regulations, before the commencement of the amending
Regulations, to a territory of a foreign country, see subregulation 3 (4) before its repeal
by the amending Regulations.
Universal Copyright Convention means the Universal Copyright Convention
concluded at Geneva on 6 September 1952.
US television broadcast means a television broadcast made from a place in the
United States of America, at a material time, by a relevant broadcaster.
WCT country means a foreign country that is a party to the WIPO Copyright
Treaty concluded at Geneva on 20 December 1996.
Note: For information as to which countries are parties to the WIPO Copyright Treaty, see,
for example, the World Intellectual Property Organization website at www.wipo.int.
WPPT country means a foreign country that is a party to the WIPO
Performances and Phonograms Treaty concluded at Geneva on 20 December
1996.
Note: For information as to which countries are parties to the WIPO Performances and
Phonograms Treaty, see, for example, the World Intellectual Property Organization
website at www.wipo.int.
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Regulation 3
WTO country:
(a) means a foreign country (including a separate customs territory) that is a
member of the World Trade Organization; and
(b) if the foreign country’s membership in the World Trade Organization is
extended, in accordance with international law, to include a territory
(however described) of the foreign country—includes that territory.
Note 1: For information as to which countries are members of the World Trade Organization,
see, for example, the World Trade Organization website at www.wto.org.
Note 2: For the application of these Regulations, before the commencement of the amending
Regulations, to a territory of a foreign country, see subregulation 3 (4) before its repeal
by the amending Regulations.
(3) Without limiting the application in relation to these Regulations of paragraph 46
(1) (a) of the Acts Interpretation Act 1901, 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
(b) has, in that section, a defined or other specified meaning;
has the same meaning in that regulation.
(5) For the purposes of these Regulations, protection in the nature of copyright shall
be deemed to be conferred in relation to a work or subject-matter other than a
work under the law of a country other than Australia if that law confers on the
person entitled to the protection the exclusive right to do in that country in
relation to the work or subject-matter other than a work any one or more of the
acts that are comprised in the copyright in the work or subject-matter other than a
work under the Act.
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Application of Act to works and subject-matter other than a work Part 2
Regulation 4
Part 2—Application of Act to works and subject-matter
other than a work
4 Protection—application of the Act (other than Part XIA) to specified foreign
countries
Scope
(1AA) For the purposes of section 184 of the Act, this regulation applies certain
provisions of the Act (other than Part XIA of the Act (performers’ protection)) in
relation to the foreign countries specified in this regulation, subject to the
exceptions and modifications specified in this regulation.
Work, and subject-matter other than a work, made or first published in a foreign
country
(1) Subject to these Regulations, a provision of the Act that applies in relation to a
literary, dramatic, musical or artistic work or edition first published, or a sound
recording or cinematograph film made or first published, in Australia (an
Australian work or subject-matter) applies in relation to a literary, dramatic,
musical or artistic work or edition first published, or a sound recording or
cinematograph film made or first published, in a Berne Convention country, a
Rome Convention country, a UCC country, a WCT country, a WPPT country or
a WTO country (a foreign work or subject-matter):
(a) in the same way as the provision applies, under the Act, in relation to an
Australian work or subject-matter; and
(b) as if the foreign work or subject-matter were made or first published in
Australia.
Live performance incorporated in a sound recording and having connection with
a foreign country
(1A) For subregulation (1), and subject to subregulation (1B), a reference to a sound
recording made or first published in a WPPT country is taken to include a
reference to a sound recording (wherever made), incorporating a live
performance given in a WPPT country.
(1B) Subregulation (1A) applies only in relation to a person who is:
(a) a maker of the sound recording; and
(b) a performer in the performance.
Artistic work that is a building, or is attached to or forms part of a building, in a
foreign country
(2) Subject to these Regulations, a provision of the Act that applies in relation to an
artistic work that is a building (or that is attached to, or forms part of, a building)
situated in Australia (an Australian artistic work) applies in relation to an artistic
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Regulation 4
work that is a building (or that is attached to, or forms part of, a building)
situated in a Berne Convention country, a UCC country, a WCT country or a
WTO country (a foreign artistic work):
(a) in the same way as the provision applies, under the Act, in relation to an
Australian artistic work; and
(b) as if the foreign artistic work were situated in Australia.
Work and subject-matter other than a work—citizen or national of a foreign
country
(3) Subject to these Regulations, a provision of the Act relating to a work or
subject-matter other than a work that applies in relation to a person who, at a
material time, is an Australian citizen applies in relation to a person who, at a
material time, is a citizen or national of a Berne Convention country, a Rome
Convention country, a UCC country, a WCT country, a WPPT country or a
WTO country (a foreign citizen):
(a) in the same way as the provision applies, under the Act, in relation to an
Australian citizen; and
(b) as if the foreign citizen were an Australian citizen.
Work and subject-matter other than a work—person resident in a foreign
country
(4) Subject to these Regulations, a provision of the Act relating to a work or
subject-matter other than a work that applies in relation to a person who, at a
material time, is resident in Australia (an Australian resident) applies in relation
to a person who, at a material time, is resident in a Berne Convention country, a
Rome Convention country, a UCC country, a WCT country, a WPPT country or
a WTO country (a foreign resident):
(a) in the same way as the provision applies, under the Act, in relation to an
Australian resident; and
(b) as if the foreign resident were an Australian resident.
Work and subject-matter other than a work—body incorporated under the law of
a foreign country
(5) Subject to these Regulations, a provision of the Act relating to a work or
subject-matter other than a work that applies in relation to a body incorporated,
at a material time, under the law of the Commonwealth or of a State (an
Australian body corporate) applies in relation to a body incorporated, at a
material time, under the law of a Berne Convention country, a Rome Convention
country, a UCC country, a WCT country, a WPPT country or a WTO country (a
foreign body corporate):
(a) in the same way as the provision applies, under the Act, in relation to an
Australian body corporate; and
(b) as if the foreign body corporate were an Australian body corporate.
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Sound broadcast or television broadcast made from a place in a foreign country
(6) Subject to these Regulations, a provision of the Act that applies in relation to a
sound broadcast, or a television broadcast, referred to in section 91 of the Act (an
Australian broadcast) applies in relation to a sound broadcast, or a television
broadcast, made at a material time by a relevant broadcaster from a place in a
Rome Convention country (a foreign broadcast):
(a) in the same way as the provision applies, under the Act, in relation to an
Australian broadcast; and
(b) as if the foreign broadcast were an Australian broadcast.
Broadcasts made before 1 January 1992
(7) Copyright does not, under subregulation (6), subsist in Australia in a sound
broadcast or a television broadcast made from a place outside Australia before
1 January 1992.
Australian retransmission of US television broadcasts
(7A) Subject to these Regulations, a provision of the Act that applies to an Australian
retransmission of an Australian television broadcast applies in relation to an
Australian retransmission of a US television broadcast:
(a) in the same way as the provision applies, under the Act, in relation to an
Australian retransmission of an Australian television broadcast; and
(b) as if the US television broadcast were an Australian television broadcast.
Encoded broadcasts made from Malaysia and the United States of America
(7B) Subject to these Regulations, a provision of Part VAA of the Act that applies to
an encoded broadcast made from a place in Australia (an Australian encoded
broadcast) applies in relation to a foreign encoded broadcast:
(a) in the same way as the provision applies, under the Act, in relation to an
Australian encoded broadcast; and
(b) as if the foreign encoded broadcast were an Australian encoded broadcast.
(7C) A foreign encoded broadcast is an encoded broadcast made at a material time by
a broadcaster if:
(a) the broadcast is made from a place in:
(i) Malaysia; or
(ii) the United States of America; and
(b) the broadcaster:
(i) is entitled, under the law of the country from which the broadcast is
made, to make that broadcast; and
(ii) is, at the material time, a citizen or national of that country, or a
person resident in, or a body corporate that has its headquarters in,
that country.
(7D) For the purposes of paragraph 184(3)(a) of the Act, the following international
agreements are specified:
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(a) in relation to the application of a provision of Part VAA of the Act to a
broadcast made from a place in Malaysia—the Malaysia-Australia Free
Trade Agreement, done at Kuala Lumpur on 22 May 2012;
(b) in relation to the application of a provision of Part VAA of the Act to a
broadcast made from a place in the United States of America—the
Australia-United States Free Trade Agreement done at Washington DC on
18 May 2004.
Note: In 2018, the text of these Agreements was accessible through the Australian Treaties
Library on the AustLII website (www.austlii.edu.au).
Modification of Act
(8) To the extent that this regulation is inconsistent with the Act, the application of
the Act by these Regulations is modified.
5 Copyright not to subsist in overseas editions in certain cases
(1) Copyright that, under the Act, subsists in a published edition of a work or works
by reason only of the operation of these Regulations subsists only so long as
protection in the nature of copyright subsists in relation to the edition under the
law of a relevant country.
(2) In this regulation:
relevant country means a Berne Convention country, a UCC country, a WCT
country or a WTO country:
(a) in which the edition was first published; or
(b) of which the publisher of the edition was a citizen or national at a material
time; or
(c) in which the publisher, being an individual, was resident at a material time;
or
(d) under the law of which the publisher, being a body corporate, was
incorporated at a material time.
(3) To the extent that this regulation is inconsistent with the Act, the application of
the Act by these Regulations is modified.
6 Copyright in certain sound recordings may include right to cause the
recording to be heard in public
(1) This regulation applies to a published sound recording if:
(a) under the Act, copyright subsists in the recording by reason only of the
operation of these Regulations, or the operation of these Regulations and
subsection 89 (3) of the Act; and
(b) either:
(i) the recording has been published in Australia; or
(ii) a period of 7 weeks has elapsed from the date of the first publication
of the recording.
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Regulation 7
Note: A sound recording first published in a foreign country could, under subsection 29 (5) of
the Act, be a sound recording that is taken to be first published in Australia, to which
subsection 89 (3) of the Act applies.
(2) Copyright that subsists in the recording includes the exclusive right to cause the
recording to be heard in public, only if:
(a) the maker of the recording was, at the time when the recording was made:
(i) a citizen or national of a Schedule 3 country; or
(ii) a person resident in, or a body corporate incorporated under the law
of, a Schedule 3 country; or
(b) the recording was made in a Schedule 3 country.
(3) The application of section 105 of the Act by these Regulations is modified by the
operation of this regulation.
7 Copyright in certain sound recordings may include right to broadcast the
recording
(1) This regulation applies to a published sound recording if:
(a) under the Act, copyright subsists in the recording by reason only of the
operation of these Regulations, or the operation of these Regulations and
subsection 89 (3) of the Act; and
(b) either:
(i) the recording has been published in Australia; or
(ii) a period of 7 weeks has elapsed from the date of the first publication
of the recording and the recording is not a performance-related
recording.
Note: A sound recording first published in a foreign country could, under subsection 29 (5) of
the Act, be a sound recording that is taken to be first published in Australia, to which
subsection 89 (3) of the Act applies.
(2) Copyright that subsists in the recording includes the exclusive right to broadcast
the recording, only if:
(a) the maker of the recording was, at the time when the recording was made:
(i) a citizen or national of a Schedule 3 country; or
(ii) a person resident in, or a body corporate incorporated under the law
of, a Schedule 3 country; or
(b) the recording was made in a Schedule 3 country.
(3) For this regulation, a recording is a performance-related recording if:
(a) the recording consists of, or includes, a musical work in which copyright
subsists; and
(b) the musical work:
(i) was made for the purpose of being performed, or has been performed,
in association with a dramatic work; or
(ii) has been included in a cinematograph film; and
(c) recordings of the musical work have not been supplied (whether by sale or
otherwise) to the public in Australia.
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Regulation 7
(4) For paragraph (3) (c), a supply of recordings of a musical work is disregarded if
the supply was done otherwise than by, or with the licence of, the owner of the
copyright in the work.
(5) The application of section 105 of the Act by these Regulations is modified by the
operation of this regulation.
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Application of Act to performances Part 3
Regulation 8
Part 3—Application of Act to performances
8 Protection—application of Part XIA of the Act to specified foreign countries
Scope
(1A) For the purposes of section 248U of the Act, this regulation applies certain
provisions of Part XIA of the Act (performers’ protection) in relation to the
foreign countries specified in this regulation, subject to the exceptions and
modifications specified in this regulation.
Definitions
(1) In this regulation:
applicable provision, in relation to a participating country, means:
(a) if the participating country is a WTO country or a WPPT country but not a
Rome Convention country—a provision of Part XIA of the Act relating to
sound recordings, or communication to the public of live performances;
and
(b) in any other case—each provision of Part XIA of the Act.
participating country means:
(a) a Rome Convention country; or
(b) a WPPT country; or
(c) a WTO country.
Performance given in a foreign country
(2) An applicable provision applies in relation to a performance given in a
participating country (a foreign performance):
(a) in the same way as the provision applies, under the Act, in relation to a
performance given in Australia; and
(b) as if the foreign performance were given in Australia.
Sound recording made in a foreign country of a performance
(2A) An applicable provision applies in relation to a sound recording, made in a
participating country (a foreign sound recording), of a performance:
(a) in the same way as the provision applies, under the Act, in relation to a
sound recording of a performance given in Australia; and
(b) as if the foreign sound recording were made in Australia.
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Broadcast made in a foreign country of a performance
(2B) An applicable provision applies in relation to a broadcast, made by a relevant
broadcaster from a place in a participating country (a foreign broadcast), of a
performance:
(a) in the same way as the provision applies, under the Act, in relation to a
broadcast of a performance given in Australia; and
(b) as if the foreign broadcast were made in Australia.
Sound recording made by a citizen, national or resident of a foreign country of a
performance
(2C) An applicable provision applies in relation to a sound recording, made by a
person who is a citizen, national or resident of a participating country (a foreign
person), of a performance:
(a) in the same way as the provision applies, under the Act, in relation to a
sound recording of a performance given in Australia; and
(b) as if the foreign person were an Australian citizen or resident.
Citizen or national of a foreign country
(3) An applicable provision applies in relation to a person who, at a material time, is
a citizen or national of a participating country (a foreign citizen):
(a) in the same way as the provision applies, under the Act, in relation to a
person who, at a material time, is an Australian citizen; and
(b) as if the foreign citizen were an Australian citizen.
Person resident in a foreign country
(4) An applicable provision applies in relation to a person who, at a material time, is
resident in a participating country (a foreign resident):
(a) in the same way as the provision applies, under the Act, in relation to a
person who, at a material time, is resident in Australia; and
(b) as if the foreign resident were resident in Australia.
Performance given before 2 January 1992
(6) Subject to subregulation (7), no rights arising under this regulation subsist in
Australia in relation to a performance given before 2 January 1992 if the
performance relates to a Rome Convention country.
(7) Subregulation (6) does not apply if:
(a) the country is also a WTO country or a WPPT country; and
(b) the rights arising under this regulation are in relation to a provision of
Part XIA of the Act relating to sound recordings, or communication to the
public of live performances.
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Modification of Act
(8) To the extent that this regulation is inconsistent with the Act, the application of
the Act by these Regulations is modified.
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Part 4 Application, savings and transitional provisions
Regulation 9
Part 4—Application, savings and transitional provisions
9 Works made before 1 July 1912
(1) This regulation applies to a work that was made before 1 July 1912 if:
(a) the work was first published or performed in a country that is a Berne
Convention country, a WCT country or a WTO country; or
(b) the author of the work was, at a material time, a citizen or national of, or
resident in, a country that is a Berne Convention country, a WCT country
or a WTO country.
(2) Division 5 of Part XI of the Act applies to the work as if:
(a) for the purpose of determining whether a right (existing right) subsisted
immediately before the commencement of the Copyright Act, 1911:
(i) the work was first published or performed in Australia; or
(ii) the author of the work was, at a material time, an Australian citizen or
resident in Australia; and
(b) any right that, by virtue of section 24 of the Copyright Act, 1911, would
have been conferred in place of any existing right were a right conferred by
the Copyright Act, 1911.
10 Works first published before 1 May 1969
(1) This regulation applies to a work that was first published, before the
commencement of the Act, in a country that is a Berne Convention country, a
WCT country or a WTO country.
(2) Section 210 of the Act applies to the work as if, for the purpose of determining
whether copyright subsisted under the Copyright Act, 1911, the work was first
published in Australia.
11 Sound recording made before 1 May 1969—UCC countries
(1) This regulation applies to a sound recording in which copyright subsists, under
the Act, by reason only of either, or both, of the following:
(a) the maker of the sound recording having been, at the time when the
recording was made:
(i) a citizen or national of a country that is a UCC country; or
(ii) a person resident in, or a body corporate incorporated under the law
of, a country that is a UCC country;
(b) the first publication of the recording having taken place in a country that is
a UCC country.
(2) Section 89 of the Act, as applied by regulation 4, does not apply to the sound
recording if the recording was made before 1 May 1969.
Copyright (International Protection) Regulations 1969
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Application, savings and transitional provisions Part 4
Regulation 12
12 Published works etc relating to post-1969 UCC countries
(1) This regulation applies to:
(a) a literary, dramatic, musical or artistic work or edition that was first
published in a country that is a post-1969 UCC country; and
(b) a published sound recording or a published cinematograph film that was
made or first published in a country that is a post-1969 UCC country; and
(c) a published artistic work that is a building (or that is attached to, or forms
part of, a building) situated in a post-1969 UCC country; and
(d) a published work the author of which, an edition the publisher of which, or
a published sound recording or a published cinematograph film the maker
of which, was at a material time:
(i) a citizen or national of a country that is a post-1969 UCC country; or
(ii) a person resident in, or a body corporate incorporated under the law
of, a country that is a post-1969 UCC country.
(2) Copyright that, under the Act, subsists in a work, edition, recording or film by
reason of the operation of these Regulations does not subsist in a work, edition,
recording or film mentioned in subregulation (1), if the work, edition, recording
or film was first published before the day on which the country became a party to
the Universal Copyright Convention.
(3) In this regulation:
post-1969 UCC country means a UCC country that became a party to the
Universal Copyright Convention after 1 May 1969.
(4) To the extent that this regulation is inconsistent with the Act, the application of
the Act by these Regulations is modified.
13 Action taken in relation to works etc before a foreign country becomes a
country to which these Regulations apply
(1) This regulation applies if:
(a) a person (the affected person) has taken any action in relation to a work, a
subject-matter other than a work or a performance at any time before the
date of a relevant event; and
(b) the affected person has, because of the action, incurred expenditure or
liability; and
(c) either:
(i) the action, being a use of the work, subject-matter or performance,
was at the time lawful; or
(ii) the action was taken for the purpose of, or with a view to, a use of the
work, subject-matter or performance at a time when the use would,
but for the relevant event, have been lawful.
(2) The affected person continues to be entitled to any right and interest, arising in
connection with the action, that is subsisting and valuable immediately before the
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Part 4 Application, savings and transitional provisions
Regulation 14
date of the relevant event, unless the exclusive right holder has agreed to pay
reasonable compensation to the affected person.
(3) In this regulation:
convention country means:
(a) a Berne Convention country; or
(b) a UCC country; or
(c) a Rome Convention country; or
(d) a WCT country; or
(e) a WPPT country; or
(f) a WTO country.
exclusive right holder means the person who, as a result of the relevant event,
has the exclusive right over the use of the work, subject-matter or performance.
relevant event means:
(a) the commencement of the amending Regulations; or
(b) after that commencement, an event that results in a foreign country (or a
territory of a foreign country) becoming a convention country in relation to
which these Regulations apply in relation to the work, subject-matter or
performance.
(4) To the extent that this regulation is inconsistent with the Act, the application of
the Act by these Regulations is modified.
(5) Despite subregulation (4), subregulation (2) applies subject to section 248QA of
the Act as applied by these Regulations.
Note: A person of the kind described in subregulation (1) who took an action described in
that subregulation may, if regulation 11, 12 or 13 of these Regulations (as in force
before the commencement of the amending Regulations) applied to the person,
continue, in the absence of reasonable compensation, to be entitled, under that
regulation, to a right or interest arising in connection with the action.
14 Saving
Nothing in regulation 13 affects any right or interest preserved, or liability
arising, under any of regulations 11, 12 and 13 as in force before the
commencement of the amending Regulations.
15 Amendments made by the Copyright (International Protection) Amendment
Regulations 2018
(1) The repeal of subregulation 4(7B) of these Regulations and its substitution with
new subregulations 4(7B), (7C) and (7D) made by Part 1 of Schedule 1 to the
Copyright (International Protection) Amendment Regulations 2018 applies in
relation to a foreign encoded broadcast made on or after the commencement of
this regulation.
Copyright (International Protection) Regulations 1969
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Application, savings and transitional provisions Part 4
Regulation 15
(2) The repeal and substitution of Schedule 3 to these regulations made by Part 2 of
Schedule 1 to the Copyright (International Protection) Amendment
Regulations 2018 applies in relation to:
(a) a recording heard in public on or after 1 January 2019; and
(b) a broadcast made on or after 1 January 2019.
Note: Part 2 of Schedule 1 to the Copyright (International Protection) Amendment
Regulations 2018 commences on 1 January 2019.
Copyright (International Protection) Regulations 1969
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Schedule 3 Secondary uses of sound recordings
Schedule 3—Secondary uses of sound recordings Note: See the definition of Schedule 3 country in subregulation 3(1) and subregulations 6(2) and 7(2).
Countries that provide rights for secondary uses of sound recordings
Albania
Algeria
Andorra
Argentina
Armenia
Austria
Azerbaijan
Bahamas, The
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Benin
Bermuda
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Brunei Darussalam
Bulgaria
Burkina Faso
Cabo Verde
Canada
Chile
Colombia
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Dominica
Dominican Republic
Ecuador
El Salvador
Estonia
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Secondary uses of sound recordings Schedule 3
Countries that provide rights for secondary uses of sound recordings
Fiji
Finland
Former Yugoslav Republic of Macedonia
France
Georgia
Germany
Ghana
Greece
Guatemala
Guinea
Holy See, The
Honduras
Hungary
Iceland
India
Indonesia
Ireland
Israel
Italy
Jamaica
Japan
Kazakhstan
Kyrgyzstan
Latvia
Lebanon
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Malaysia
Mali
Malta
Mauritius
Mexico
Moldova, Republic of
Monaco
Mongolia
Montenegro
Morocco
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Schedule 3 Secondary uses of sound recordings
Countries that provide rights for secondary uses of sound recordings
Netherlands
New Zealand
Nicaragua
Nigeria
Norway
Oman
Pakistan
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Republic of Korea
Romania
Russian Federation
Saint Lucia
Saint Vincent and the Grenadines
Serbia
Slovak Republic
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Thailand
Togo
Trinidad and Tobago
Turkey
Ukraine
United Arab Emirates
United Kingdom
Uruguay
Venezuela
Vietnam
Copyright (International Protection) Regulations 1969
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or
will amend) the compiled law. The information includes commencement details for amending
laws and details of any application, saving or transitional provisions that are not included in
this compilation.
The amendment history in endnote 4 provides information about amendments at the provision
(generally section or equivalent) level. It also includes information about any provision of the
compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and
presentational changes to a compiled law in preparing a compilation of the law for
registration. The changes must not change the effect of the law. Editorial changes take effect
from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the
changes in general terms. Full details of any changes can be obtained from the Office of
Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the
amendment to be made. If, despite the misdescription, the amendment can be given effect as
intended, the amendment is incorporated into the compiled law and the abbreviation “(md)”
added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not
incorp)” is added to the details of the amendment included in the amendment history.
Copyright (International Protection) Regulations 1969
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
commenced or to be commencedNo. = Number(s)
Copyright (International Protection) Regulations 1969
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Number and year Gazettal or FRLI Commencement Application, saving and
registration transitional provisions
1969 No. 60 28 Apr 1969 1 May 1969 (see r. 2 and
Gazette 1969, p. 2543)
1969 No. 65 1 May 1969 1 May 1969 —
1974 No. 137 8 Aug 1974 8 Aug 1974 r. 4 (2)
1980 No. 276 25 Sept 1980 25 Sept 1980 —
1981 No. 74 15 Apr 1981 15 Apr 1981 —
1983 No. 127 5 Aug 1983 5 Aug 1983 —
1984 No. 43 29 Mar 1984 29 Mar 1984 —
1990 No. 356 30 Nov 1990 30 Nov 1990 —
199 No. 357 30 Nov 1990 1 Dec 1990 —
1991 No. 451 19 Dec 1991 1 Jan 1992 —
1991 No. 452 19 Dec 1991 2 Jan 1992 —
1992 No. 124 14 May 1992 14 May 1992 —
1993 No. 214 3 Aug 1993 3 Aug 1993 —
1994 No. 114 3 May 1994 3 May 1994 —
1995 No. 67 11 Apr 1995 rr. 4–8, 10.1 and 10.10: —
1 July 1995
Remainder: 11 Apr 1995
1995 No. 436 22 Dec 1995 22 Dec 1995 —
1998 No. 360 22 Dec 1998 22 Dec 1998 —
2001 No. 29 1 Mar 2001 1 Mar 2001 —
2003 No. 337 23 Dec 2003 23 Dec 2003 —
2004 No. 257 26 Aug 2004 1 Jan 2005 (see r. 2) —
2004 No. 362 23 Dec 2004 1 Jan 2005 (see r. 2) —
134, 2013 28 June 2013 (see 1 July 2013 —
F2013L01220)
Name Registration Commencement Application, saving and
transitional provisions
Copyright (International 26 Nov 2018 (F2018L01609) Sch 1 (item 13): 1 Jan 2019 —
Protection) Amendment (s 2(1) item 3)
Regulations 2018 Remainder: 27 Nov 2018 (s
2(1) items 1, 2)
Copyright (International Protection) Regulations 1969
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Part 1
Heading to Part 1........................... ad. 2003 No. 337
r. 1 ................................................. rs. 1998 No. 360
r 2 .................................................. rep LA s 48D
ad F2018L01609
ed C12
r. 3 ................................................. am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991
Nos. 451 and 452; 1995 No. 67; 1998 No. 360; 2001
No. 29; 2003 No. 337; 2004 Nos. 257 and 362; F2018L01609
Part 2
Part 2 ............................................. ad. 2003 No. 337
Heading to r. 4 ............................... rs. 2004 Nos. 257 and 362
r. 4 ................................................. am. 1980 No. 276; 1990 No. 357; 1991 No. 451; 1995 No. 67; 1998 No. 360; 2001 No. 29
rs. 2003 No. 337
am. 2004 Nos. 257 and 362; F2018L01609
r. 4A .............................................. ad. 1991 No. 452
am. 2001 No. 29
rep. 2003 No. 337
r. 4B............................................... ad. 1994 No. 114
rs. 1995 No. 67
am. 2001 No. 29
rep. 2003 No. 337
r. 5 ................................................. rep. 1998 No. 360
ad. 2003 No. 337
am. 2004 No. 257
r. 6 ................................................. am. 1969 No. 65
rs. 1974 No. 137
am. 1980 No. 276
rs. 2003 No. 337
r. 7 ................................................. am. 1969 No. 65
rs. 1974 No. 137
am. 1980 No. 276
rs. 2003 No. 337
r. 7A .............................................. ad. 1969 No. 65
rep. 1974 No. 137
Part 3
Part 3 ............................................. ad. 2003 No. 337
Heading to r. 8 ............................... rs. 2004 No. 257
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
r. 8 ................................................. am. 1980 No. 276; 1990 No. 357; 1995 No. 67; 1998 No. 360; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257; F2018L01609
Part 4
Part 4 heading................................ rs F2018L01609
Part 4 ............................................. ad. 2003 No. 337
Heading to r. 9 ............................... am. 1998 No. 360
rs. 2003 No. 337
r. 9 ................................................. am. 1980 No. 276; 1990 No. 357; 1995 No. 67; 1998 No. 360; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
r. 10 ............................................... rs. 1974 No. 137
am. 1980 No. 276; 1991 No. 451; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
r. 10A ............................................ ad. 1991 No. 451
rep. 2003 No. 337
r. 10B............................................. ad. 1991 No. 452
rep. 2003 No. 337
r. 11 ............................................... am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991 No. 451
rs. 2003 No. 337
r. 12 ............................................... ad. 1991 No. 451
am. 2001 No. 29
rs. 2003 No. 337
r. 13 ............................................... ad. 1991 No. 452
am. 1995 No. 67; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
r. 14 ............................................... ad. 2003 No. 337
r 15 ................................................ ad F2018L01609
Heading to the Schedules .............. rep. 1995 No. 67
First Schedule................................ am. 1974 No. 137
rep. 1980 No. 276
Heading to Schedule 1................... rs. 1995 No. 67
rep. 2003 No. 337
Schedule 1 ..................................... ad. 1980 No. 276
am. 1983 No. 127; 1990 Nos. 356 and 357; 1991 No. 451; 1993 No. 214; 1994 No. 114;
1995 Nos. 67 and 436; 1998 No. 360
rs. 2001 No. 29
rep. 2003 No. 337
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Second Schedule............................ am. 1974 No. 137
rep. 1980 No. 276
Heading to Third Schedule ............ rep. 1980 No. 276
Third Schedule .............................. rs. 1974 No. 137
Heading to Schedule 3................... ad. 1980 No. 276
rs. 1995 No. 67; 2003 No. 337
Schedule 3
Schedule 3 ..................................... rs No 74, 1981; No 43, 1984
am No 451, 1991; No 67, 1995; No 360, 1998
Copyright (International Protection) Regulations
rs No 29, 2001; No 134, 2013; F2018L01609
1969
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