Loi de 1980 portant modification de la loi sur le droit d'auteur, Australie

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

(a), (b) or (c)) which has, as its principal function, the provision of

courses of study or training for the purpose of general education or of

preparation for a particular occupation or profession and is declared by the

regulations to be an institution to which this paragraph applies; or

(e) any other institution which has, as its sole or principal function,

the furnishing of material to educational institutions included in a class of

educational institutions referred to in paragraphs (a), (b), (c) and (d) of

this definition for the purpose of assisting the institutions in their

teaching purposes and is declared by the regulations to be an institution to

which this paragraph applies,

but does not include an institution that is conducted for the profit, direct

or indirect, of an individual or individuals;";

(e) by inserting after the definition of "future copyright" the following

definition:

"'handicapped reader' means-

(a) a blind person;

(b) a person suffering severe impairment of his sight;

(c) a person unable to hold or manipulate books or to focus or move his

eyes; or

(d) a person suffering from a perceptual handicap;";

(f) by inserting after the definition of "infringing copy" the following

definition:

"'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 that is declared by the

regulations to be, for the purposes of this Act, an institution assisting

handicapped readers;";

(g) by inserting after the definition of "manuscript" the following

definition:

"'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;

(b) in relation to a central records authority-the person having, for the

time being, immediate care and control of the records deposited with the

authority; 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;";

(h) by omitting "and also includes the administration of a Territory" from

the definition of "the Crown" and substituting "and the Crown in right of the

Northern Territory and also includes the Administration of a Territory other

than the Northern Territory"; and

(j) by adding at the end thereof the following sub-sections:

"(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 educational institution, an

institution assisting handicapped readers or a central records authority shall

be read as-

(i) in a case where the institution or authority is a body corporate-a

reference to the institution or authority, as the case may be; 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 or authority, as the case may be;

(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;

(d) a reference to the copying records of an educational institution or an

institution assisting handicapped readers shall be read as a reference to the

collection of-

(i) the relevant records in respect of copies of articles and other

works made by or on behalf of the body administering the institution in

reliance on section 53B; and

(ii) the relevant records in respect of copies of articles and other

works made by or on behalf of the body administering the institution in

reliance on section 53D,

other than any such records as have been duly destroyed by, or by authority

of, the body administering that institution;

(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;

(f) a reference to the custodian in charge of the copying records of an

educational institution or an institution assisting handicapped readers 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 is undertaking

or proposes to undertake or for the purpose of instructing himself 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 is

undertaking or proposes to undertake or for the purpose of instructing himself

on any matter;

(j) a reference to a microform copy of the whole or a part of a work shall

be read as 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-

(a) a record produced upon the making of a sound recording;

or

(b) 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-

(i) of a copy, or a handicapped reader's copy , of the whole or a part

of a work; or

(ii) of a copy of a sound recording,

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; and

(n) a reference to a State shall be read as including a reference to the

Northern Territory and a reference to a Territory shall be read as not

including a reference to the Northern Territory.

"(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 sub-section (1) applies to

that collection."

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 6.

6. After section 39 of the Principal Act the following section is inserted:

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 AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 7.

Fair dealing for purpose of research or study

7. Section 40 of the Principal Act is amended-

(a) by omitting "private"; and

(b) by adding at the end thereof the following sub-sections:

"(2) For the purposes of this Act, the matters to which regard shall be

had, in determining whether a dealing with 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 of 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 sub-section (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) Sub-section (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 AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 8.

Reproduction for purpose of judicial proceedings or professional advice

8. Section 43 of the Principal Act is amended by adding at the end thereof

the following sub-section:

"(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 AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 9.

9. Section 48 of the Principal Act is repealed and the following section

substituted:

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 AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 10.

10. Sections 49 and 50 of the Principal Act are repealed and the following

sections substituted:

Copying by libraries and archives for users

"49. (1) A person may furnish to the officer in charge of a library (not

being a library that is conducted for the profit, direct or indirect, of an

individual or individuals) or the officer in charge of 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 literary, dramatic or musical work other than an article

contained in a periodical publication; and

(b) a declaration signed by him stating-

(i) that he requires the copy for the purpose of research or study and

will not use it for any other purpose or, if he is a member of a Parliament

and the copy is being requested from the person in charge of a library the

principal purpose of which is to provide library services for members of that

Parliament, that he requires the copy for the performance of his duties as

such a member and will not use it for any other purpose; and

(ii) that he 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

sub-section (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 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.

"(3) Where a charge is made for making and supplying a copy to which a

request under sub-section (1) relates, sub-section (2) does not apply in

relation to the request if the amount of the charge exceeds the cost of making

and supplying the copy.

"(4) Sub-section (2) 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) Sub-section (2) does not apply to a request for a copy of the whole of

a literary, dramatic or musical 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 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 sub-section (1),

of a copy of the article, or of a part of the article, in accordance with

sub-section (2) unless the copy is supplied to a person other than the person

who made the request.

"(7) The copyright in a published literary, dramatic or musical work other

than an article contained in a periodical publication is not infringed by the

making, in relation to a request under sub-section (1), of a copy of the work,

or of a part of the work, in accordance with sub-section (2) unless the copy

is supplied to a person other than the person who made the request.

"(8) The regulations may exclude the application of sub-section (6) or (7)

in such cases as are specified in the regulations.

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 literary, dramatic or musical 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; 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 sub-section (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 sub-section (2), an authorized officer of a library makes

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 sub-section

(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

literary, dramatic or musical work, is, by virtue of sub-section (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 sub-section (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 sub-section (1) relates, sub-section (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) Sub-section (4) does not apply to or in relation to a copy of the whole

or a part of an article or other work that is, by virtue of sub-section (3),

to be deemed to have been made on behalf of an authorized officer of a library

for a purpose referred to in sub-section (1) unless, as soon as practicable

after the request was made, an authorized officer of the library made a

declaration that set out particulars of the request (including the purpose for

which the copy was requested) and stated-

(a) in a case where a copy of the whole or a part of the article or other

work had previously been supplied, in accordance with a request under

sub-section (1), for the purpose of inclusion in the collection of the

library-that the copy so supplied had been lost, destroyed or damaged,

whichever was appropriate; and

(b) in a case where the copy was a copy of the whole of a literary, dramatic

or musical 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-that, after reasonable investigation, he was satisfied that a copy

(not being a second-hand copy) of the work could not be obtained within a

reasonable time at an ordinary commercial price.

"(8) Sub-section (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 AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 11.

Copying of unpublished works in libraries or archives

11. Section 51 of the Principal Act is amended-

(a) by omitting from paragraph (b) of sub-section (1) "a library or other

place" and substituting "the collection of a library or archives";

(b) by omitting from paragraph (b) of sub-section (1) "that library or other

place" and substituting "that collection";

(c) by omitting from paragraph (c) of sub-section (1) "private";

(d) by omitting paragraph (d) of sub-section (1) and substituting the

following paragraph:

"(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 he requires

the copy for the purpose of research or study or with a view to publication

and that he will not use it for any other purpose."; and

(e) by omitting sub-section (2) and substituting the following sub-section:

"(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 AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 12.

12. After section 51 of the Principal Act the following section is

inserted:

Copying of works for preservation and other purposes

"51A. (1) Subject to sub-section (4), the copyright in a work that forms, or

formed, part of the collection of a library or archives is not infringed by

the making, by or on behalf of the officer in charge of the library or

archives, of a copy (including a microform copy) of the work-

(a) if the work is held in manuscript form or is an original artistic work-

for the purpose of preserving the manuscript or original artistic work, as the

case may be, against loss or deterioration or for the purpose of research that

is being, or is to be, carried out at the library or archives in which the

work is held or at another library or other archives;

(b) if the work is held in the collection in a published form but has been

damaged or has deteriorated-for the purpose of replacing the work; or

(c) if the work has been held in the collection in a published form but has

been lost or stolen-for the purpose of replacing the work.

"(2) The copyright in a work that is held in the collection of a library or

archives is not infringed by the making, by or on behalf of the officer in

charge of the library or archives, for a purpose other than a purpose for

which a copy may be made under sub-section (1), of a single microform copy of

the work so held.

"(3) Sub-section (2) does not apply in relation to the making of a microform

copy of a work held in the collection of a library or archives unless, as soon

as practicable after the copy is made, the work from which the copy is made is

destroyed.

"(4) Sub-section (1) does not apply in relation to a work held in published

form in the collection of a library or archives unless an authorized officer

of the library or archives has, after reasonable investigation, made a

declaration stating that he 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.

"(5) The making of a copy, under sub-section (1) or (2), of an unpublished

work does not, for any purpose of this Act, constitute the publication of the

work.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 13.

Application of Division to illustrations accompanying articles and other

works

13. Section 53 of the Principal Act is amended-

(a) by omitting from paragraph (b) "or section 51" and substituting ",

section 51 or 51A"; and

(b) by inserting in paragraph (d) "section 51A or" after "a reference in".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 14.

14. After Division 5 of Part III of the Principal Act the following

Divisions are inserted:

"Division 5A-Copying of works in educational institutions

Multiple copying of insubstantial portions of works

"53A. (1) Subject to this section, copyright in a literary or dramatic work

is not infringed by the making, on the premises of an educational institution,

by any person, for the purposes of a course of education provided by the

institution, of a copy or copies of a page or pages of the work in an edition

of the work, or of works that include the work.

"(2) Sub-section (1) does not apply to-

(a) the making of a copy or copies of the whole of a work; or

(b) the making of a copy or copies of more than 2 of the pages of a work in

an edition of the work, or of works that include the work, unless-

(i) 1% of the total number of pages in the edition exceeds 2 pages; and

(ii) the total number of pages so copied does not exceed 1% of the total

number of pages in the edition.

"(3) Where a person has made or caused to be made on an occasion a copy of a

part of a work contained on a page or pages in an edition of the work, or of

works that include the work, in reliance on this section, sub-section (1) does

not apply to the making, by or on behalf of that person, on a subsequent

occasion less than 14 days after the day on which the previous copying took

place, of a copy of any other part of that work.

Multiple copying under statutory licence by educational institutions

"53B. (1) Subject to this section, the copyright in an article contained in

a periodical publication is not infringed by the making of copies of the whole

or a part of that article, by or on behalf of the body administering an

educational institution-

(a) in a case where the educational institution is not a resource centre-for

the teaching purposes of that institution; and

(b) in any other case-for the teaching purposes of an educational

institution other than a resource centre.

"(2) Subject to this section, the copyright in a work, other than an article

in a periodical publication, is not infringed by the making of copies of the

whole or a part of that work, by or on behalf of the body administering an

educational institution-

(a) in a case where the educational institution is not a resource centre-for

the teaching purposes of that institution; and

(b) in any other case-for the teaching purposes of an educational

institution other than a resource centre.

"(3) Without limiting the meaning of the expression 'for the teaching

purposes of an institution', a copy of a work shall be taken to have been made

for the teaching purposes of an institution if-

(a) it is made in connection with a particular course of instruction

provided by that institution; or

(b) it is made for the purpose of inclusion in the collection of a library

of that institution.

"(4) Sub-section (1) does not apply in relation to copies of, or of parts

of, 2 or more articles contained in the same periodical publication unless the

articles relate to the same subject matter.

"(5) Sub-section (2) does not apply in relation to copies of, or of more

than a reasonable portion of, a work that has been separately published unless

the person who makes the copies, or causes the copies to be made, for or on

behalf of the body administering the educational institution, is satisfied,

after reasonable investigation, that copies (not being second-hand copies) of

the work cannot be obtained within a reasonable time at an ordinary commercial

price.

"(6) Sub-section (1) does not apply to copies of the whole or a part of an

article contained in a periodical publication, being copies made, by or on

behalf of the body administering an educational institution, for the teaching

purposes of an educational institution, unless there is made, by or on behalf

of that body, as soon as practicable after the making of those copies, a

record of the copying setting out-

(a) if the International Standard Serial Number in respect of the periodical

publication is recorded in the periodical publication-that number;

(b) if the International Standard Serial Number in respect of the

publication is not so recorded-the name of the periodical publication;

(c) the title or description of the article;

(d) the name of the author of the article (if that name is known);

(e) the volume, or volume and number, as the case requires, of the

periodical publication containing the article;

(f) the page numbers of the pages in that volume, or in that number of that

volume, that have been copied, or, in a case where a page so copied does not

bear a page number, such description of the page as will enable it to be

identified;

(g) the date on which those copies have been made;

(h) the number of copies made; and

(j) particulars of such other matters as are prescribed.

"(7) Sub-section (2) does not apply to copies of the whole or a part of a

work (not being an article contained in a periodical publication), being

copies made, by or on behalf of the body administering an educational

institution, for the teaching purposes of an educational institution, unless

there is made, by or on behalf of that body, as soon as practicable after the

making of those copies, a record of the copying setting out-

(a) if the International Standard Book Number in respect of the work is

recorded in the edition of the work copied-that number;

(b) if the International Standard Book Number in respect of the work is not

so recorded-

(i) the title or description of the work;

(ii) the name of the publisher of the edition of the work; and

(iii) the name of the author of the work (if that name is known);

(c) the page numbers of the pages in the edition of the work that have been

copied, or, in a case where a page so copied does not bear a page number, such

description of the page as will enable it to be identified;

(d) the date on which those copies have been made;

(e) the number of copies made; and

(f) particulars of such other matters as are prescribed.

"(8) For the purposes of sub-sections (6) and (7) a record of the copying of

a work or a part of a work-

(a) may be kept in writing or in any other manner prescribed by the

regulations; and

(b) if it is kept in writing, shall be in accordance with the prescribed

form.

"(9) Where copies of, or of part of, a work, other than an article in a

periodical publication, made as provided in sub-section (2) by or on behalf of

an educational institution for the teaching purposes of an educational

institution-

(a) are made for distribution to persons undertaking a correspondence

course, or an external study course, provided by the educational institution

for the teaching purposes of which those copies are made, otherwise than as a

part of the lecture notes prepared in connection with that course; and

(b) do not contain more than a reasonable portion of the work,

the record made in relation to them in accordance with sub-section (7) may

state that they are copies to which this section applies.

"(10) Where copies of, or of part of, a work consisting of an article in a

periodical publication made, as provided in sub-section (1), by or on behalf

of the body administering an educational institution for the teaching purposes

of an educational institution are made for distribution to persons undertaking

a correspondence course, or an external study course, provided by the

educational institution for the teaching purposes of which those copies are

made, otherwise than as a part of the lecture notes prepared in connection

with that course, the record made in relation to them in accordance with

sub-section (6) may state that they are copies to which this sub-section

applies.

"(11) Where copies of the whole or a part of a work, not being copies stated

in the record to be copies to which sub-section (9) or (10) applies, are made

by or on behalf of the body administering an educational institution and, by

virtue of this section, the making of those copies does not infringe copyright

in the work, that body shall, if the owner of the copyright in the work makes

a request, in writing, at any time during the prescribed period after the

making of the copies, for payment for the making of the copies, pay to the

owner such an amount by way of equitable remuneration for the making of those

copies as is agreed upon between the owner and the body or, in default of

agreement, as is determined by the Copyright Tribunal on the application of

either the owner or the body.

"(12) Where the Copyright Tribunal has determined the amount of equitable

remuneration payable to the owner of copyright in a work by the body

administering an educational institution in relation to copies of the whole or

a part of that work that have been made by or on behalf of that body in

reliance on this section, the owner may recover that amount from the body in a

court of competent jurisdiction as a debt due to him.

"(13) Nothing in this section affects the right of the owner of copyright in

a work to grant a licence authorizing the body administering an educational

institution to make, or cause to be made, copies of the whole or part of the

work without infringement of that copyright.

"(14) In this section, a reference to a resource centre shall be read as a

reference to an institution that, for the purposes of the definition of

'educational institution' in section 10, is declared by the regulations to be

an institution to which paragraph (e) of that definition applies.

Application of Division to illustrations accompanying articles and other

works

"53C. Where an article or other literary, dramatic or musical work is

accompanied by an artistic work or artistic works provided for the purpose of

explaining or illustrating the article or other work, the preceding sections

of this Division apply as if-

(a) where any of those sections provides that the copyright in the article

or other work is not infringed-the reference to that copyright included a

reference to any copyright in that artistic work or those artistic works;

(b) a reference in section 53A or 53B to a copy of an article or other work

included a reference to a copy of the article or other work together with a

copy of that artistic work or those artistic works;

(c) a reference in section 53A or 53B to a copy of a part of an article or

other work included a reference to a copy of that part of the article or other

work together with a copy of the artistic work or artistic works provided for

the purpose of explaining or illustrating that part;

(d) a reference in section 53A to a copy of a page of a literary, dramatic

or musical work in an edition of the work or of works that include that

contained that work and an artistic work or artistic works provided for the

purpose of explaining or illustrating that part of that work; and

(e) a reference in section 53A to a copy of pages of a literary, dramatic or

musical work in an edition of that work or of works that include that work

included a reference to a copy of pages in such an edition that contained a

part of that work and an artistic work or artistic works provided for the

purpose of explaining or illustrating that part of that work.

"Division 5B-Copying of works in institutions assisting handicapped readers

Multiple copying under statutory licence by institutions assisting handicapped

readers

"53D. (1) The copyright in a literary or dramatic work that has been

published is not infringed by the making, by or on behalf of the body

administering an institution assisting handicapped readers, of a record

embodying a sound recording of the work or of a part of the work, for use by a

handicapped reader for the purpose of research or study that he is undertaking

or proposes to undertake, or for the purpose of otherwise instructing himself

on any matter.

"(2) The copyright in a literary or dramatic work that has been published is

not infringed by the making, by or on behalf of the body administering an

institution assisting handicapped readers, of a Braille version, a large-print

version or a photographic version, of the work or of a part of the work, for

use by a handicapped reader for the purpose of research or study that he is

undertaking or proposes to undertake, or for the purpose of otherwise

instructing himself on any matter.

"(3) Where a sound recording of a work has been published, sub-section (1)

does not apply to the making of any record embodying a sound recording of the

work (including a record that is a copy of that first-mentioned sound

recording) for or on behalf of the body administering an institution assisting

handicapped readers unless the person who makes that record, or causes that

record to be made, is satisfied, after reasonable investigation, that no new

record that embodies only a sound recording of the work can be obtained within

a reasonable time at an ordinary commercial price.

"(4) Where a Braille version of a work has been separately published, sub-

section (2) does not apply to the making of a Braille version of the work, or

of a part of the work, unless the person who makes that version, or causes

that version to be made, for or on behalf of the body administering an

institution assisting handicapped readers is satisfied, after reasonable

investigation, that no new copy of a Braille version of the work, being a

version that has been separately published, can be obtained within a

reasonable time at an ordinary commercial price.

"(5) Where a large-print version of a work has been separately published,

sub-section (2) does not apply to the making of a large-print version of the

work, or of a part of the work, unless the person who makes the version, or

causes the version to be made, for or on behalf of the body administering an

institution assisting handicapped readers is satisfied, after reasonable

investi- gation, that no new copy of a large-print version of the work, being

a version that has been separately published, can be obtained within a

reasonable time at an ordinary commercial price.

"(6) Where a photographic version of a work has been separately published,

sub-section (2) does not apply to the making of a photographic version of the

work, or of a part of the work, unless the person who makes the version, or

causes the version to be made, for or on behalf of the body administering an

institution assisting handicapped readers is satisfied, after reasonable

investi- gation, that no new copy of a photographic version of the work, being

a version that has been separately published, can be obtained within a

reasonable time at an ordinary commercial price.

"(7) Sub-sections (1) and (2) do not apply to the reproduction of the whole

or a part of an article contained in a periodical publication by way of the

making, by or on behalf of the body administering an institution assisting

handicapped readers, of a handicapped reader's copy of the article or of that

part of the article unless there is made, by or on behalf of that body, as

soon as practicable after the making of that copy, a record of the copying

setting out-

(a) if the International Standard Serial Number in respect of the periodical

publication is recorded in the periodical publication-that number;

(b) if the International Standard Serial Number in respect of the

publication is not so recorded-the name of the periodical publication;

(c) the title or description of the article;

(d) the name of the author of the article (if that name is known);

(e) the volume, or volume and number, as the case requires, of the

periodical publication containing the article;

(f) the page numbers of the pages in that volume, or in that number of that

volume, that have been copied, or, in a case where a page so copied does not

bear a page number, such description of the page as will enable it to be

identified;

(g) the date on which the copy has been made;

(h) the form in which the copy has been made; and

(j) particulars of such other matters as are prescribed.

"(8) Sub-sections (1) and (2) do not apply to the reproduction of the whole

or a part of a work (not being an article contained in a periodical

publication) by way of the making, by or on behalf of the body administering

an institution assisting handicapped readers, of a handicapped reader's copy

of the work or of that part of the work unless there is made, by or on behalf

of that body, as soon as practicable after the making of that copy, a record

of the copying setting out-

(a) if the International Standard Book Number in respect of the work is

recorded in the edition of the work copied-that number;

(b) if the International Standard Book Number in respect of the work is not

so recorded-

(i) the title or description of the work;

(ii) the name of the publisher of the edition of the work; and

(iii) the name of the author of the work (if that name is known);

(c) the page numbers of the pages in the edition of the work that have been

reproduced, or, in a case where a page so reproduced does not bear a page

number, such description of the page as will enable it to be identified;

(d) the date on which the copy has been made;

(e) the form in which the copy has been made; and

(f) particulars of such other matters as are prescribed.

"(9) For the purposes of sub-sections (7) and (8), a record of the copying

of a work or a part of a work-

(a) may be kept in writing or in any other manner prescribed by the

regulations; and

(b) if it is kept in writing, shall be in accordance with the prescribed

form.

"(10) Where a handicapped reader's copy of the whole or a part of a work is

made by or on behalf of the body administering an institution assisting

handicapped readers and, by virtue of this section, the making of that copy

does not infringe copyright in the work, that body shall, if the owner of the

copyright in the work makes a request, in writing, at any time during the

prescribed period after the making of the copy, for payment for the making of

the copy, pay to the owner such an amount by way of equitable remuneration for

the making of that copy as is agreed upon between the owner and the body, or,

in default of agreement, such amount as is determined by the Copyright

Tribunal on the application of either the owner or the body.

"(11) Where the Copyright Tribunal has determined the amount of equitable

remuneration payable to the owner of copyright in a work by the body

administering an institution assisting handicapped readers in relation to a

handicapped reader's copy of the whole or a part of that work that has been

made by or on behalf of that body in reliance on this section, the owner may

recover that amount from the body in a court of competent jurisdiction as a

debt due to him.

"(12) Notwithstanding any other provision of this Act, copyright shall not

vest in the maker of the handicapped reader's copy by reason of his making

that copy.

"(13) Nothing in this section affects the right of the owner of copyright in

a work to grant a licence authorizing the body administering an institution

assisting handicapped readers to make, or cause to be made, sound recordings

of, or Braille, large-print or photographic versions of, the whole or a part

of the work without infringement of that copyright.

"(14) For the purposes of this section, a record, or a Braille version, a

large-print version or a photographic version, of a work shall be taken to be

a new record, or a new Braille version, a new large-print version or a new

photographic version, of the work, as the case may be, if it is not a

second-hand record, or a second-hand Braille version, a second-hand

large-print version or a second-hand photographic version, of the work, as the

case may be.

"(15) In this section, a reference to a photographic version of a work or a

part of a work shall be read as a reference to a copy or copies of the work or

a part of a work produced as a film-strip or series of separate transparencies

designed to meet the needs of handicapped readers.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 15.

15. Section 104 of the Principal Act is repealed and the following section

substituted:

Acts done for purposes of judicial proceeding

"104. A copyright subsisting by virtue of this Part is not infringed by

anything done-

(a) for the purpose of a judicial proceeding or a report of a judicial

proceeding;

(b) for the purpose of seeking professional advice from a legal practitioner

or patent attorney; or

(c) for the purpose of, or in the course of, the giving of professional

advice by a legal practitioner or patent attorney.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 16.

16. Section 112 of the Principal Act is repealed and the following section

is substituted:

Reproductions of editions of work

"112. The copyright in a published edition of a work or works is not

infringed by the making of a reproduction of the whole or a part of that

edition if that reproduction is made in the course of-

(a) where the edition contains one work only-

(i) a dealing with that work, being a dealing that does not, by virtue of

section 40, 41, 42, 43 or 44, infringe copyright in that work; or

(ii) the making of a copy (including a handicapped reader's copy) of the

whole or a part of that work, being a copy the making of which does not, by

virtue of section 49, 50, 51A, 53A, 53B, 53D or 182A, infringe copyright in

that work; or

(b) where the edition contains more than one work-

(i) a dealing with one of those works or dealings with some or all of

those works, being a dealing that does not, or dealings that do not, by virtue

of section 40, 41, 42, 43 or 44, infringe copyright in that work or those

works; or

(ii) the making of a copy (including a handicapped reader's copy) of the

whole or a part of one of those works or the making of copies (including

handicapped readers' copies) of the whole or parts of some or all of those

works, being a copy the making of which does not, or copies the making of

which do not, by virtue of section 49, 50, 51A, 53A, 53B, 53D or 182A,

infringe copyright in that work or in those works.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 17.

Offences

17. Section 132 of the Principal Act is amended by adding at the end thereof

the following sub-sections:

"(7) Prosecutions for offences against this section may be brought in the

Federal Court of Australia or in any other court of competent jurisdiction.

"(8) Jurisdiction is conferred on the Federal Court of Australia to hear and

determine prosecutions for offences against this section.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 18.

Penalties

18. Section 133 of the Principal Act is amended-

(a) by omitting sub-sections (1) and (2) and substituting the following

sub-sections:

"(1) A contravention by a person of sub-section (1) or (2) of section 132

is an offence punishable upon summary conviction-

(a) if it is his first conviction of an offence by reason of a

contravention of that section and the article or each article to which the

contravention relates is an infringing copy of a work other than a

cinematograph film-by a fine not exceeding $150 for the article, or for each

article, to which the offence relates;

(b) if it is his first conviction of an offence by reason of a

contravention of that section and the article or each article to which the

contravention relates is an infringing copy of a cinematograph film-by a fine

not exceeding $1,500 for the article, or for each article, to which the

offence relates;

(c) if it is not his first conviction of an offence by reason of a

contravention of that section and the article or each article to which the

contravention relates is an infringing copy of a work other than a

cinematograph film-by a fine not exceeding $150 for the article, or for each

article, to which the offence relates or by imprisonment for a period not

exceeding 6 months; and

(d) if it is not his first conviction of an offence by reason of a

contravention of that section and the article or each article to which the

contravention relates is an infringing copy of a cinematograph film-by a fine

not exceeding $1,500 for the article, or for each article, to which the

offence relates or by imprisonment for a period not exceeding 6 months.

"(2) Where a fine is imposed upon a person by virtue of sub- section (1)-

(a) if the person is prosecuted before the Federal Court of Australia-it

shall not exceed $10,000 in respect of articles comprised in the same

operation or transaction; and

(b) if the person is prosecuted before any other court-it shall not exceed

$1,500 in respect of articles comprised in the same operation or

transaction.";

(b) by omitting from paragraph (a) of sub-section (3) "Two hundred dollars"

and substituting "$1,500";

(c) by omitting paragraph (b) of sub-section (3) and substituting the

following paragraph:

"(b) in any other case-by a fine not exceeding $1,500 or by imprisonment

for a period not exceeding 6 months,"; and

(d) by inserting in sub-section (4) "or recording equipment" after "plate".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 19.

19. After section 144 of the Principal Act the following sections are

inserted:

Disclosure of interests by members

"144A. (1) Where a member is, or is to be, the Tribunal, or a member of the

Tribunal, as constituted for the purposes of a proceeding and he has or

acquires any interest, pecuniary or otherwise, that could conflict with the

proper performance of his functions in relation to that proceeding-

(a) he shall disclose the interest to the parties to the proceeding; and

(b) except with the consent of all the parties to the proceeding, he shall

not take part in the proceeding.

"(2) Where the President becomes aware that a member is, or is to be, the

Tribunal, or a member of the Tribunal, as constituted for the purposes of a

proceeding and that the member has, in relation to that proceeding, such an

interest as is mentioned under sub-section (1)-

(a) if the President considers that the member should not take part, or

should not continue to take part, in the proceeding-he shall give a direction

to the member accordingly; or

(b) in any other case-he shall cause the interest of the member to be

disclosed to the parties to the proceeding.

"(3) In this section-

(a) a reference to a proceeding shall be read as a reference to a proceeding

by way of an inquiry by, or an application or reference to, the Tribunal under

this Act; and

(b) a reference to a party to a proceeding, being an inquiry conducted by

the Tribunal in pursuance of section 148, shall be read as a reference to a

person or organization recognized by the Tribunal as a party to the inquiry.

Removal from office for failure to disclose interest

"144B. Where the Governor-General is satisfied that a member has failed,

without reasonable excuse, to make a disclosure that he is, under sub-section

144A (1), required to make, the Governor-General shall remove that member from

office.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 20.

20. After section 149 of the Principal Act the following section is

inserted:

Applications to Tribunal for determination of remuneration payable to owner of

copyright for copies made under statutory licence

"149A. (1) This section applies where application is made to the Tribunal in

pursuance of sub-section 53B (11) or sub-section 53D (10) for the

determination of an equitable remuneration to be paid to the owner of the

copyright in a work for the making of copies or of a handicapped reader's

copy, as the case requires, of the whole or of a part of that work.

"(2) The parties to an application in relation to which this section applies

are-

(a) the owner of the copyright in a work; and

(b) the body by which, or on behalf of which, the copies or the handicapped

reader's copy referred to in sub-section (1) were or was made.

"(3) Where an application in relation to which this section applies is made

to the Tribunal, the Tribunal shall consider the application and, after giving

the parties to the application opportunities of presenting their cases-

(a) shall make an order determining the amount that it considers to be

equitable remuneration to the owner of the copyright for the making of the

copies or of the handicapped reader's copy, as the case requires; and

(b) may, subject to the regulations, make such order as to costs as the

Tribunal thinks fit.

"(4) Where the Tribunal makes, under sub-section (3), an order that one

party to an application pay an amount by way of costs to the other party to

the application, the first-mentioned party shall pay that amount to the other

party and, in default of payment, the first-mentioned party may recover that

amount from the other party in a court of competent jurisdiction as a debt due

to him.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 21.

21. After section 159 of the Principal Act the following sections are

inserted:

Attorney-General may make application for suspension order

"159A. (1) Subject to sub-section (2), upon application made to it by the

Attorney-General, the Tribunal may, in its discretion, make an order

suspending the application of sub-sections 53B (1) and (2) in relation to the

body administering an educational institution, being a body that has been

convicted of 2 or more offences against sub-section 203A (2) in relation to

the retention of records or declarations relating to copies of the whole or

parts of works made in reliance on section 53B.

"(2) The Tribunal shall not make an order under sub-section (1) if it is

satisfied that the body in relation to which the order is sought has taken all

reasonable steps to ensure that no further contravention of sub-section 203A

(2) will occur in relation to the retention of records or declarations

relating to copies made or to be made by or on behalf of the body.

"(3) For the purposes of sub-section (1), a conviction of the custodian in

charge of the copying records of an educational institution for a

contravention of sub-section 203A (2), not being a conviction for a

contravention in relation to which the body administering the educational

institution has also been convicted, shall be taken to be a conviction of the

body administering the educational institution.

"(4) The parties to an application under sub-section (1) in relation to a

body administering an educational institution are-

(a) the Attorney-General; and

(b) that body.

Application to revoke suspension orders

"159B. (1) The body administering an educational institution may, at any

time, make application to the Tribunal for the revocation of an order under

section 159A suspending the application of sub-section 53B (1) in relation to

it.

"(2) Where the Tribunal is satisfied, upon application made under sub-

section (1), that the body making the application has taken all reasonable

steps to ensure that no further contravention of sub-section 203A (2) will

occur in relation to the retention of records or declarations relating to

copies made or to be made in reliance on section 53B, the Tribunal may revoke

the order to which the application relates.

"(3) The parties to an application under sub-section (1) for the revocation

of an order made in relation to the body administering an institution are-

(a) that body; and

(b) the Attorney-General.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 22.

22. After section 163 of the Principal Act the following section is

inserted:

Application may be made to Tribunal by the agent of the copyright owner

"163A. (1) An owner of copyright may make an application to the Tribunal

under this Act by his agent.

"(2) Two or more owners of copyright may jointly make a single application

to the Tribunal by the same agent against the same person or body.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 23.

23. After section 182 of the Principal Act the following section is

inserted:

Copyright in statutory instruments and judgments, &c.

"182A. (1) The copyright, including any prerogative right or privilege of

the Crown in the nature of copyright, in a prescribed work is not infringed by

the making, by reprographic reproduction, of one copy of the whole or of a

part of that work by or on behalf of a person and for a particular purpose.

"(2) Sub-section (1) does not apply to the making, by reprographic

reproduction, of a copy of the whole or a part of the work, where a charge is

made for making and supplying that copy, unless the amount of the charge does

not exceed the cost of making and supplying that copy.

"(3) In sub-section (1), 'a prescribed work' means-

(a) an Act or State Act, an enactment of the legislature of a Territory or

an instrument (including an Ordinance or a rule, regulation or by-law) made

under an Act, a State Act or such an enactment;

(b) a judgment, order or award of a Federal court or of a court of a State

or a Territory;

(c) a judgment, order or award of a Tribunal (not being a court) established

by or under an Act or other enactment of the Commonwealth, a State or a

Territory;

(d) reasons for a decision of a court referred to in paragraph (b), or of a

Tribunal referred to in paragraph (c), given by the court or by the Tribunal;

or

(e) reasons given by a Justice, Judge or other member of a court referred to

in paragraph (b), or of a member of a Tribunal referred to in paragraph (c),

for a decision given by him either as the sole member, or as one of the

members, of the court or Tribunal.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 24.

Use of copyright material for the services of the Crown

24. Section 183 of the Principal Act is amended by adding at the end thereof

the following sub-section:

"(11) The copying of the whole or a part of a work for the teaching purposes

of an educational institution of, or under the control of, the Commonwealth, a

State or the Northern Territory shall, for the purposes of this section, be

deemed not to be an act done for the services of the Commonwealth, that State

or the Northern Territory.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 25.

25. Before section 196 of the Principal Act the following section is

inserted in Part X:

Interpretation

"195A. (1) In this Part, 'officer in charge' means-

(a) in relation to archives-the person holding, or performing the duties of,

the office or position in the service of the body administering the archives

the duties of which involve that person having direct responsibility for the

maintenance of, and the provision of services in relation to, the collection

comprising the archives;

(b) in relation to a central records authority-the person holding, or

performing the duties of, the office in the service of the body administering

the authority the duties of which involve that person having direct

responsibility for the maintenance of, and the provision of services in

relation to, the records deposited with the authority; and

(c) in relation to a library-the officer holding, or performing the duties

of, the office or position in the service of the body administering the

library the duties of which involve that person having direct responsibility

for the maintenance of, and the provision of services in relation to, the

collection comprising the library.

"(2) In this Part, a reference to the prescribed retention period after the

making of a copy of the whole or a part of a work that was made in reliance on

section 49, 50, 51A, 53B or 53D shall be read as a reference to such period as

is declared by the regulations to be the prescribed retention period for the

purposes of this Part.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 26.

Use of works and broadcasts for educational purposes

26. Section 200 of the Principal Act is amended by inserting in paragraph

(a) of sub-section (1) "or an appliance capable of producing a copy or copies

by a process of reprographic reproduction" after "copies".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 27.

27. After section 203 of the Principal Act the following sections are

inserted in Part X:

Retention of records and declarations in relation to copies made by libraries,

archives or institutions

"203A. (1) Where, at any time before the expiration of the prescribed

retention period after the making of a copy of the whole or a part of a work

in reliance on section 49, 50 or 51A by an authorized officer of a library or

archives, a relevant declaration in relation to the making of the copy is not

retained in the records of the library or archives-

(a) the body administering the library or archives concerned; and

(b) the officer in charge of the library or archives concerned, are each

guilty of an offence punishable, upon conviction, by a fine not exceeding

$500.

"(2) Subject to sub-section (3), where, at any time before the expiration of

the prescribed retention period after-

(a) the making of a copy of the whole or a part of the work in reliance on

section 53B by or on behalf of the body administering an educational

institution; or

(b) the making of a handicapped reader's copy of the whole or a part of a

work in reliance on section 53D by or on behalf of the body administering an

institution assisting handicapped readers,

a relevant record in relation to the making of the copy is not retained in the

records of the institution concerned-

(c) the body administering the institution concerned; and

(d) the custodian in charge of the copying records of the institution

concerned,

are each guilty of an offence punishable, upon conviction, by a fine not

exceeding $500.

"(3) Sub-section (2) does not apply to a relevant record relating to the

making of a copy of the whole or a part of a work by or on behalf of the body

administering an institution at any time while-

(a) the record is being conveyed from the institution to a central records

authority of the institution for deposit with that authority;

(b) the record is deposited with a central records authority of the

institution; or

(c) the record is being conveyed from a central records authority of the

institution to the institution or to another central records authority of the

institution.

"(4) A body or person is not liable to be convicted twice of an offence

against sub-section (1) with respect to the retention of the same declaration

or against sub-section (2) with respect to the retention of the same record.

"(5) It is a defence to a prosecution of the officer in charge of a library

or archives for an offence against sub-section (1) in relation to the

retention of a declaration or to a prosecution of the officer in charge of the

copying records of an institution for an offence against sub-section (2) in

relation to the retention of a record if the person prosecuted (in this

sub-section referred to as the 'defendant')-

(a) satisfies the court that the record or declaration relates to the making

of a copy of a work or a part of a work before the date upon which the

defendant became the officer in charge of the library or archives or the

custodian in charge of the copying records of the institution and was not in

the possession of the body administering the library or archives, or the

institution, as the case requires, at that date; or

(b) satisfies the court that-

(i) the contravention was due to the act or default of another person or

to some other circumstance beyond the control of the defendant; and

(ii) he took all reasonable precautions and exercised due diligence to

avoid the contravention.

Certain institutions may elect to deposit copying records with central records

authorities

"203B. (1) The body administering an educational institution may, by

instrument in writing furnished to the Attorney-General, elect to deposit the

records of the institution relating to any copying done in reliance on section

53B and the records of the institution relating to any copying done in

reliance on section 53D with the central records authority specified in the

notice and, upon the making of that election, the central records authority so

specified becomes, for the purposes of this Act, the central records authority

of the institution.

"(2) The body administering an institution assisting handicapped readers

(not being an institution that is also an educational institution) may, by

instrument in writing furnished to the Attorney-General, elect to deposit the

records of the institution relating to copying done in reliance on section 53D

with the central records authority specified in the notice and, upon the

making of that election, the central records authority so specified becomes,

for the purposes of this Act, the central records authority of the

institution.

"(3) An election by the body administering an institution referred to in

sub-section (1) or (2) to deposit records of the institution with a central

records authority is of no effect unless the central records authority in

respect of which the election is made is a body corporate, or, if it is not a

body corporate, is administered by the body making the election.

"(4) Where the body administering an institution is the Crown in right of

the Commonwealth or of a State, an election under sub-section (1) or (2) may

be signed on behalf of the Crown by the Minister of the Commonwealth or of the

State responsible for the institution, or by a person authorized by that

Minister to sign elections under this section.

"(5) Where the body administering an institution makes an election under

sub-section (1) or (2) to deposit the records of the institution relating to

copying done under section 53B or 53D with a central records authority-

(a) the custodian in charge of the copying records of the institution

shall-

(i) cause any such copying records that were in the possession of the

institution or of another central records authority immediately before the

election is made to be deposited with the officer in charge of the

first-mentioned central records authority as soon as practicable after the

election is made; and

(ii) cause the relevant record in respect of each copy of a work or a part

of a work made by or on behalf of that body after the election is made to be

deposited with the first-mentioned central records authority as soon as

practicable after the making of the copy and before the expiration of the

period prescribed for the purposes of this sub-section after the making of the

copy; and

(b) the body administering the institution shall-

(i) if there were relevant records of the institution in existence

immediately before the election is made-as soon as practicable after paragraph

(a) has been complied with in respect of those records; or

(ii) in any other case-as soon as practicable after the election is made,

cause a copy of the election to be published in the Gazette.

"(6) If the custodian in charge of the copying records of an institution

fails to comply with sub-section (5) in relation to a relevant record of a

copying made in reliance on section 53B or 53D after the making of the

election, the custodian and the body administering the institution are each

guilty of an offence against this sub-section punishable, upon conviction, by

a fine not exceeding $500.

"(7) Where a central records authority is the central records authority of

an institution, an election by the body administering the institution to

deposit the relevant records of the institution relating to copying done in

reliance on section 53B or 53D with another central records authority is of no

effect unless -

(a) the body administering the institution has delivered to the body

administering the first-mentioned central records authority a notice under

sub-section 203G (1) revoking the election made by it in respect of that

central records authority;

(b) the body administering the first-mentioned central records authority has

delivered to the body administering the institution a notice under sub-section

203G (2) of its intention to return the copying records of that institution to

that institution; or

(c) the Attorney-General has delivered to the body administering the

institution a copy of a notice under sub-section 203G (6) requiring the return

to that institution of the copying records of that institution.

Retention of copying records by central records authorities

"203C. (1) Subject to sub-section (2), where, at any time after the relevant

record of an institution in respect of the making of a copy (including a

handicapped reader's copy) of the whole or a part of a work in reliance on

section 53B or 53D has been deposited with a central records authority of the

institution under section 203B or 203G but before the expiration of the

prescribed retention period after the making of that copy, that record is not

in the possession of the central records authority-

(a) the body administering the central records authority; and

(b) the officer in charge of the central records authority,

are each guilty of an offence punishable, upon conviction, by a fine not

exceeding $500.

"(2) Sub-section (1) does not apply in relation to the retention, by a

central records authority, of a relevant record relating to the making of a

copy of the whole or a part of a work by or on behalf of the body

administering an institution if the relevant record has been forwarded by the

central records authority to that institution or to another central records

authority in pursuance of sub-section 203G (5) or (9).

"(3) A body or person is not liable to be convicted twice of an offence

against sub-section (1) with respect to the retention of the same record.

"(4) It is a defence to a prosecution of the officer in charge of a central

records authority (in this sub-section referred to as the 'defendant') for an

offence against sub-section (1) in relation to the retention of a record

deposited with the authority if the defendant-

(a) satisfies the court that the record was so deposited before the

defendant became the officer in charge of the authority and was not in the

possession of the authority at the time the defendant became the officer in

charge of the authority; or

(b) satisfies the court that-

(i) the contravention was due to the act or default of another person or

to some other circumstance beyond the control of the defendant; and

(ii) he took all reasonable precautions and exercised due diligence to

avoid the contravention.

Arrangement of declarations and records

"203D. (1) Where the declarations that relate to the making of copies of the

whole or parts of works by an authorized officer of a library or archives in

reliance on any of the following sections, namely, sections 49, 50 and 51A,

and that are retained in the records of the body administering the library or

archives are not arranged in chronological order according to the dates on

which the declarations were made-

(a) the body administering the library or archives, as the case may be; and

(b) the officer in charge of the library or archives, as the case may be,

are each guilty of an offence punishable, upon conviction, by a fine not

exceeding $500.

"(2) Where the copying records of an educational institution, or an

institution assisting handicapped readers, are not arranged in such a manner

as to allow a person to inspect all of those records that relate to works by

the same author without having to inspect any such records that relate to

works by another author, the body administering the institution and the

custodian in charge of the copying records of the institution are each guilty

of an offence punishable, upon conviction, by a fine not exceeding $500.

"(3) Sub-section (2) does not apply to or in relation to an institution that

is required by this Act to deposit the copying records of the institution with

a central records authority.

"(4) Where the copying records of an educational institution, or of an

institution assisting handicapped readers, that are deposited with a central

records authority are not arranged in such a manner as to allow a person to

inspect all the records of that institution that relate to works by the same

author without having to inspect any records of that institution that relate

to works by another author, or any copying records of another institution that

are deposited with that authority, the body administering the central records

authority and the officer in charge of the central records authority are each

guilty of an offence, punishable, upon conviction, by a fine not exceeding

$500.

Inspection of records and declarations retained by libraries, archives or

institutions

"203E. (1) The owner of the copyright in a work, or the agent of such an

owner-

(a) may notify the officer in charge of a library or archives, in writing,

that he wishes to inspect-

(i) all the relevant declarations retained in the records of the library

or archives that relate to the making, in reliance on section 49, 50 or 51A,

of copies of works or parts of works; or

(ii) such of those declarations as relate to the making, in reliance on

section 49, 50 or 51A, of copies of works or parts of works and were made

during a period specified in the notice,

on a day specified in the notice, being an ordinary working day of the

library, archives or institution not less than 7 days after the date of the giving of the notice; and

(b) may, if the notice related to the making of copies of works or parts of

works in reliance on section 51A, state in the notice that he also wishes to

inspect, on the day so specified, the collection of the library or archives.

"(2) The owner of the copyright in a work, or the agent of such an owner,

may notify the custodian in charge of the copying records of an educational

institution or an institution assisting handicapped readers (not being an

institution which deposits its copying records with a central records

authority), in writing, that he wishes to inspect-

(a) all the relevant records of the institution that relate to the making,

in reliance on section 53B or 53D, of copies, or handicapped readers' copies,

of works or parts of works; or

(b) such of those records as relate to the works of a specified author, on a

day specified in the notice, being an ordinary working day of the institution

not less than 7 days after the date of the giving of the notice.

"(3) The owner of the copyright in a work, or the agent of such an owner,

may notify the officer in charge of a central records authority, in writing,

that on a day specified in the notice, being an ordinary working day of the

authority not less than 7 working days after the date of the giving of the

notice, he wishes to inspect-

(a) all the relevant records of all institutions of which the authority is

the central records authority, or all the relevant records of a specified

institution of which the authority is the central records authority, that are

deposited with the authority and relate to the making, in reliance on section

53B or 53D, of copies, or handicapped readers' copies, of works or parts of

works; or

(b) such of the records of all institutions of which the authority is the

central records authority, or such of the records of a specified institution

of which the authority is the central records authority, as are deposited with

the authority and relate to the works of a specified author.

"(4) Where a person gives notice, under sub-section (1), to the officer in

charge of a library or archives that he wishes to inspect certain declarations

on a particular day, that person may, during the ordinary working hours of the

library or archives, on that day, but not earlier than 10 a.m. or later than 3

p.m., inspect the declarations to which the notice relates and, where the

notice relates also to the inspection of the collection of the library or

archives, may also during those hours on that day inspect that collection,

and, for that purpose, may enter the premises of the library or archives.

"(5) Where a person gives notice under sub-section (2) or (3) to the

custodian in charge of the copying records of an institution or to the officer

in charge of a central records authority that he wishes to inspect certain

records on a particular day that person may, during the ordinary working hours

of the institution or authority on that day, but not earlier than 10 a.m. or

later than 3 p.m., inspect the records to which the notice relates and, for

that purpose, may enter the premises of the institution at which the copying

records of the institution are kept or the premises of the authority, as the

case requires.

"(6) Where a person who attends at the premises of a library or archives for

the purpose of exercising the powers conferred on him by sub-section (4) is

not provided with all reasonable facilities and assistance for the effective

exercise of those powers-

(a) the body administering the library or archives, as the case may be; and

(b) the officer in charge of the library or archives, as the case may be,

are each guilty of an offence punishable, upon conviction, by a fine not

exceeding $500.

"(7) Where a person who attends at the premises of an educational

institution, an institution assisting handicapped readers or a central records

authority for the purpose of exercising the powers conferred on him by sub-

section (5) is not provided with all reasonable facilities and assistance for

the effective exercise of those powers-

(a) the body administering the institution or central records authority, as

the case may be; and

(b) the custodian in charge of the copying records of the institution or the

officer in charge of the central records authority, as the case may be,

are each guilty of an offence, punishable, upon conviction, by a fine not

exceeding $500.

Additional offences in relation to the making and retention of records and

declarations

"203F. (1) A person shall not, under section 49, 50, 51A, 53B or 53D, make a

declaration or record that is false or misleading in a material particular.

Penalty: $500.

"(2) A person shall not wilfully dispose of or destroy, or cause to be

disposed of or destroyed, any relevant declaration or record in relation to

the making of a copy of the whole or a part of a work in reliance on section

49, 50,

51A or 53B or in relation to the making of a handicapped reader's copy of the

whole or a part of a work in reliance on section 53D unless the prescribed

retention period in respect of the declaration or record has expired.

Penalty: $500.

"(3) Where the body administering a central records authority fails to

publish in the Gazette a copy of an election made by it under section 203B in

accordance with the requirements of sub-section (5) of that section, the body

administering that central records authority is guilty of an offence,

punishable, upon conviction, by a fine not exceeding $500.

"(4) Where the body administering a central records authority causes a

notice to be published in the Gazette under sub-section 203G (9) that is false

or misleading in a material particular, the body administering that central

records authority is guilty of an offence, punishable, upon conviction, by a

fine not exceeding $500.

Return of copying records deposited with a central records authority

"203G. (1) A body that has made an election under sub-section 203B (1) or

(2) to deposit its copying records with a central records authority may, at

any time, by notice in writing furnished to the body administering the central

records authority, revoke the election on a date specified in the notice,

being a date not less than 30 days after delivery of the notice to the body

administering the central records authority.

"(2) The body administering the central records authority of an institution

may, at any time, by notice in writing furnished to the body administering the

institution, inform the body administering the institution that as soon as

practicable after a date specified in the notice, being a date not less than

30 days after delivery of the notice to the body administering the

institution, it intends to cause the copying records of the institution

retained by the authority to be returned to the institution.

"(3) A body shall, as soon as practicable after it causes a notice to be

delivered to another body under sub-section (1) or (2), cause a copy of the

notice to be delivered to the Attorney-General.

Penalty: $500.

"(4) Where the body administering an institution is the Crown in right of

the Commonwealth or of a State, a notice under sub-section (1) or (2) may be

signed on behalf of the Crown by the Minister of the Commonwealth or of the

State responsible for the institution, or by a person authorized by that

Minister to sign elections under this section.

"(5) Where-

(a) the body administering an institution, by notice in writing furnished to

the body administering a central records authority, revokes an election made

under section 203B in relation to that central records authority; or

(b) the body administering a central records authority of an institution, by

notice in writing furnished to the body administering the institution, informs

the body administering the institution that it intends to cause the copying

record of the institution deposited with the authority to be returned to the

institution,

the body administering the central records authority shall, as soon as

practicable after the revocation of the election under sub-section (1) or the

date specified in the notice given under sub-section (2), cause the copying

records of the institution deposited with it-

(c) unless paragraph (b) applies-to be returned to the custodian in charge

of the copying records of the institution; or

(d) if the body administering the institution informs the body administering

the central records authority, by notice in writing, that it has made an

election to deposit the copying records of the institution with another

central records authority-to be forwarded to the officer in charge of that

other central records authority.

Penalty: $500.

"(6) If, at any time, the Attorney-General is satisfied that a central

records authority is not being administered in a manner consistent with the

requirements of this Act, the Attorney-General may, by notice in writing

furnished to the body administering the central records authority, require the

body to cause the copying records of each institution of which it is the

central records authority to be returned to the custodian of the copying

records of that institution on or before a date specified in the notice.

"(7) Application may be made to the Administrative Appeals Tribunal for the

review of a decision by the Attorney-General, under sub-section (6), to

require the body administering a central records authority to cause the

copying records of each institution of which it is the central records

authority to be returned to the custodian of the copying records of that

institution.

"(8) As soon as practicable after a notice is delivered to the body

administering a central records authority under sub-section (6), the

Attorney-General shall cause a copy of the notice to be delivered to the body

administering each institution of which the authority is the central records

authority.

"(9) The body administering a central records authority shall-

(a) as soon as practicable after receipt of a notice under sub-section (6),

cause the copying records of each institution deposited with it-

(i) unless sub-paragraph (ii) applies-to be returned to the custodian in

charge of the copying records of the institution, or, if the institution is no

longer in existence, to be deposited with such person or body as is nominated

by the Attorney-General; or

(ii) if the body administering the institution informs the body

administering the central records authority, by notice in writing, that it has

made an election to deposit the copying records of the institution with

another central records authority-to be forwarded to the officer in charge of

that other central records authority; and

(b) as soon as practicable after it has complied with paragraph (a), cause a

notice to be published in the Gazette stating that it has complied with that

paragraph on a specified day and setting out the manner in which it has

complied with that paragraph.

Penalty: $500.

"(10) Upon the publication, by the body administering a central records

authority that is the central records authority of an institution, of a notice

of the kind referred to in paragraph (9) (b) in relation to the copying

records of that institution, that central records authority shall, by force of

this sub- section, be deemed to have ceased to be the central records

authority of that institution.

"(11) Where-

(a) the body administering an institution gives a notice under sub-section

(1) to the body administering a central records authority;

(b) the body administering an institution receives a notice under sub-

section (2) given by the body administering a central records authority; or

(c) the body administering an institution receives a copy of a notice

furnished by the Attorney-General, under sub-section (6), to the body

administering the central records authority of that institution,

nothing in section 203B shall be taken to require the custodian in charge of

the copying records of the institution to deposit with that central records

authority any relevant records relating to copying done by or on behalf of the

body administering that institution.

"(12) Where-

(a) under sub-section (9), the Attorney-General causes the copying records

of an institution that is no longer in existence to be deposited with such

person or body as is nominated by the Attorney-General for the purpose; and

(b) a relevant record that is so deposited ceases to be in the possession of

that person or body at any time before the expiration of the prescribed

retention period after the making of the copy to which the record relates,

the person or body is guilty of an offence, punishable, upon conviction, by a

fine not exceeding $500.

"(13) It is a defence to a prosecution of a person or body (in this

sub-section referred to as the 'defendant') for a contravention of sub-section

(12) if the defendant satisfies the court that-

(a) the contravention was due to the act or default of a person other than

the defendant or to some other circumstance beyond the control of the

defendant; and

(b) the defendant took all reasonable precautions and exercised due

diligence to avoid the contravention.

Notation of copies and handicapped readers' copies

"203H. (1) In proceedings against a person or body for infringement of

copyright in a work in connection with the making, by or on behalf of an

institution, of a copy of the whole or a part of that work, the person or body

is not entitled to rely on section 49, 50, 51A or 53B as justification for the

making of that copy unless, at or about the time the copy was made, there was

made on the copy a notation stating that the copy was made on behalf of that

institution and the date on which it was made.

"(2) In proceedings against a person or body for infringement of copyright

in a work in connection with the making, on behalf of an institution assisting

handicapped readers, of a handicapped reader's copy of the whole or a part of

that work, being a Braille, large-print or photographic version of the whole

or a part of that work, the person or body is not entitled to rely on section

53D as justification for the making of that handicapped reader's copy unless,

at or about the time the copy was made, there was made on the copy a notation

stating that the copy was made on behalf of that institution and the date on

which it was made.

"(3) In proceedings against a person or body for infringement of copyright

in a work in connection with the making, on behalf of an institution assisting

handicapped readers, of a handicapped reader's copy of the whole or of a part

of that work, being a copy consisting of a record embodying a sound recording

of that work or of a part of that work, the person or body is not entitled to

rely on section 53D unless, at the time the record was made, there was

embodied on the record, immediately before the commencement of that sound

recording, a sound recording of the following message:

'This record, embodying a sound recording of (name of work) was made in

reliance on section 53D of the Copyright Act 1968 on (date on which record

made) by (name of person who made the record) on behalf of (name of

institution assisting handicapped readers on behalf of which the record was

made). Copyright may subsist in that work and, if it does, the making of a

record embodying this sound recording, otherwise than with the permission of

the owner of the copyright in the work or in reliance on a provision of the

Copyright Act 1968, constitutes an infringement of copyright in the work.'.

"(4) A person shall not-

(a) make, on a copy of the whole or a part of a work, a notation referred to

in sub-section (1) or (2) that contains a statement that is false or

misleading in a material particular; or

(b) cause to be embodied on a record embodying a sound recording a message

referred to in sub-section (3) that contains a statement that is false or

misleading in a material particular.

Penalty: $500.

"(5) For the purposes of sub-sections (1), (2) and (3)-

(a) where a copy of the whole or a part of the work is made by an authorized

officer of a library of an institution, the copy shall be deemed to have been

made on behalf of the institution;

(b) where a copy of the whole or a part of a work is made by an authorized

officer of a library that is not a library of an institution-

(i) the copy shall be deemed to have been made on behalf of the person or

body administering the library; and

(ii) those sub-sections apply as if references in those sub-sections to an

institution included references to that person or body; and

(c) where a copy of the whole or a part of the work is made by or on behalf

of the body administering an institution, the copy shall be deemed to have

been made on behalf of the institution.

"(6) The production, in any proceedings-

(a) for infringement of copyright in a work;

(b) before the Copyright Tribunal on application made under sub-section 53B

(11) or 53D (10); or

(c) for a contravention of a provision of this Act,

of a copy of the whole or a part of a work (including a Braille, large-print

or photographic version, of the whole or of a part of the work) bearing a

notation of the kind referred to in sub-section (1) or (2), whichever is

applicable, is prima facie evidence of the matters stated in the notation.

"(7) For the purposes of sub-section (6), where a copy of the whole or a

part of a work bears a notation of a kind referred to in sub-section (1) or

(2), whichever is applicable, the notation shall, unless the contrary is

proved, be deemed to have been made on the copy at or about the time the copy

was made.

"(8) The production, in any proceedings of a kind referred to in sub-section

(6), of a record embodying a sound recording of the whole or a part of a work,

being a record that also embodies a sound recording of a message of the kind

referred to in sub-section (3), is prima facie evidence of the matters stated

in the message.

"(9) For the purposes of sub-section (8), where a record embodying a sound

recording of the whole or a part of a work also embodies a sound recording of

a message of the kind referred to in sub-section (3), the message shall,

unless the contrary is proved, be deemed to have been embodied on the record

at the time the record was made.".

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 28.

Further amendments

28. The Principal Act is further amended as set out in the Schedule to this

Act.

----------

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SCHEDULE

SCHEDULE Section

28

PART I

AMENDMENTS RELATING TO COPIES OF SOUND RECORDINGS

------------------------------------------------------------------------------

-- Provision Omit- Substitute-

------------------------------------------------------------------------------

-- Section 10-(paragraph (b)

of the definition of

"infringing copy") a record embodying the recording a copy of the

sound

recording

Section 14 (1) . . . . . , or to a record embodying a

sound recording, shall be read

as including a reference to a

reproduction, adaptation or

copy of a substantial part of

the work or to a record embodying

a substantial part of

the sound recording shall be read as

including a

reference to a

reproduction,

adaption or copy

of a substantial part

of the work

Section 85 . . . . . . . a record embodying the recording a copy of the

sound recording

Section 87 . . . . . . . a record embodying such a

recording a copy of such a

sound recording

Section 107 (1) . . . . . a record embodying the recording

(twice occurring) a copy of the

sound recording

Section 107 (2) . . . . . a record if the record a copy of a

sound

recording if the

copy

further records embodying the

recording further copies

of

the sound

recording Section 107 (3) . . . . . record (first occurring) copy of

a sound

recording

record (second, third and fourth

occurring) copy

Section 107 (5) . . . . . record (first occurring) copy of a sound

recording

any of the records any of the

copies

record (second occurring) copy

all the records all the copies

Section 111 (2) . . . . . a record embodying such a

recording a copy of such a

sound recording

Section 111 (3) . . . . . a record embodying such a

recording a copy of such a

sound recording

a record embodying the recording a copy of the

sound recording

Section 136 (1)

(definition of "licence") a record embodying the recording a copy of the

sound recording

Section 150 (1) . . . . . a record embodying the recording a copy of the

sound recording

Section 150 (2) . . . . . the recording the sound

recording the record the copy of the

sound recording

Section 150 (3) . . . . . the record the copy of the

sound recording

------------------------------------------------------------------------------

--

PART II

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting

the

words "of this

Act" and "of this section" (wherever occurring):

Section 10 (definition of "international organization to which this Act

applies"), 14 (2), 28 (3),

29 (2) and (7), 47 (3), 63 (2), 65 (1), 68, 69, 70 (3) and (5), 80, 81 (3),

95

(2), 101 (3) and (4), 107 (3)

and (5), 109 (1), (3) and (5), 119, 120 (1), 122, 123, 124, 125, 136 (1)

(definition of "party"), (definition

of "proceeding") and (3), 146 (3), 148 (1), 152 (4), (6), (7), (10), (11),

(12), (13), (14), (15) and (17),

155 (9), 156 (3), 157 (6), 158 (3), 159 (3) and (6), 161 (5) and (9), 174

(3),

181, 183 (3), (4), (5) and

(7), 194 (2), 200 (3), 204 (1), 206 (3), 213 (8), 214, 219 (5) and (6), 225,

229, 239 (5) and 240 (3).

2. The Principal Act is further amended as set out in the following table:

------------------------------------------------------------------------------

-- Provision Omit- Substitute-

------------------------------------------------------------------------------

-- Section 10-

(definition of "calendar

year") twelve months commencing on

the first day of January 12 months

commencing

on 1

January

(definition of "prospective

owner") sub-section (1) of section 197

of this Act sub-section

197 (1)

(definition of "minimum

royalty") sub-section (5) of section 56 and

and sub-paragraph (i) of

paragraph (b) of section 57, of

this Act or, if those provisions

are affected by regulations made

for the purposes of section 58

of this Act sub-section

56 (5) and

sub-

paragraph

57 (b) (i)

or, if

those

provisions

are

affected by

regulations

made for

the

purposes of

section 58

(definition of "the

royalty") sub-section (1) of section 56 of

this Act or, if that sub-section

is affected by regulations made

for the purposes of section 58

of this Act sub-section

is affected

by

regulations

made for

the

purposes of

section 58

Section 29 (2) . . . . . paragraph (a) of the last

preceding sub-section paragraph

(1) (a)

Section 31 (1) . . . . . sub-paragraphs (i) to (v),

inclusive, of this

paragraph sub-

paragraphs

(i) to (v),

inclusive

Section 31 (2) . . . . . sub-paragraph (i) of paragraph

(a) of the last preceding sub-

section

sub-

paragraph

(1) (a) (i)

sub-paragraph (vi) of that

paragraph sub-

paragraph

(l) (a)

(vi)

Section 33 (1) . . . . . sub-section (2) of the last

preceding section sub-section

32 (2)

the next succeeding section section 34

Section 33 (2) . . . . . fifty 50

Section 33 (3) . . . . . fifty 50

Section 33 (5) . . . . . fifty 50

Section 33 (6) . . . . . fifty 50

Section 34 (1) . . . . . fifty 50

Section 44 (2) . . . . . two 2

five 5

Section 47 (5) . . . . . twelve 12

Section 51 (1) . . . . . fifty 50

seventy-five 75

Section 55 (3) . . . . . Sub-paragraph (i) of paragraph

(d) of sub-section (1) of this

section Sub-

paragraph

(1) (d) (i)

sub-paragraph (i) or

sub-paragraph (ii) of paragraph

(a) of sub-section (1) of this

section sub-

paragraph

(l) (a) (i)

or (ii)

sub-paragraph (iii) or (iv) of

paragraph (a) of sub-section (1)

of this section sub-

paragraph

(l) (a)

(iii) or

(iv)

Section 55 (5) . . . . . paragraph (d) of sub-section (1)

Back to Top

of this section paragraph

(1) (d)

Section 56 (1) . . . . . five per centum 5%

Section 57 . . . . . . . two (wherever occurring) 2

Section 58 (4) . . . . . five 5

Section 58 (5) . . . . . sub-section (1) of section 56 of

this Act sub-section

56 (1)

sub-section (5) of section 56,

and sub-paragraph (i) of

paragraph (b) of section 57, of

this Act sub-section

56 (5) and

sub-

paragraph

57 (b) (i)

Section 59 (1) (b) . . . sub-section (1) of section 55 of

this Act sub-section

55 (1)

Section 59 (1) (e) . . . paragraph (b) of sub-section (1)

of section 55 of this Act paragraph

55 (1) (b)

Section 59 (4) . . . . . paragraph (d) of sub-section (1)

of section 55 of this Act and

paragraph (e) of sub-section (1) paragraph

55 (1) (d)

and

paragraph

(1) (e)

Section 59 (5) . . . . . paragraph (d) of sub-section (1)

of section 55 of this Act paragraph

55 (1) (d)

paragraph (e) of sub-section (1) paragraph

(1) (e)

Section 62 (2) . . . . . Sub-section (1) of section 55 of

this Act Sub-section

55 (1)

paragraph (a) of that sub-section paragraph 55 (1)

(a)

Section 63 (1) . . . . . the first day of July, One

thousand nine hundred and twelve 1 July 1912

paragraph (a) and sub-paragraph

(i) of paragraph (d) of

sub-section (1), and sub-sections

(3) and (4), of section 55,

paragraph (d) of sub-section (1)

of section 59, section 61 and

sub-section (2) of section 62 of

this Act paragraph

55 (1) (a),

sub-

paragraph

55 (1) (d)

(i), sub-

sections 55

(3) and (4)

, paragraph

59 (1) (d),

section 61

and sub-

section 62

(2)

Section 63 (2) . . . . . paragraph (d) of sub-section (1)

of that section paragraph

59 (1) (d)

the first day of July, One

thousand nine hundred and twelve 1 July 1912

Section 63 (3) . . . . . two 2

Section 64 . . . . . . . sections 55 and 59 of this Act sections 55 and

59

Section 70 (5) . . . . . twelve 12

Section 77 (2) . . . . . fifteen 15

paragraph (d) of the last

preceding sub-section paragraph

(l) (d)

Section 79 . . . . . . . sub-section (2) of section 34 of

this Act sub-section

34 (2)

Section 81 (1) . . . . . two (wherever occurring) 2

Section 81 (2) . . . . . two 2

fifty 50

Section 81 (3) . . . . . two 2

Section 82 (1) . . . . . Sub-section (2) of section 35 of

this Act Sub-section

35 (2)

two 2

Section 83 . . . . . . . sub-section (2) of section 44 of

this Act sub-section

44 (2)

Section 92 (1) . . . . . two 2

Section 93 . . . . . . . fifty 50

Section 94 (1) . . . . . sub-section (1) or sub-section

(2) of section 90 of this Act sub-section

90 (1) or

(2)

fifty 50

Section 94 (2) . . . . . sub-section (3) of section 90 of

this Act sub-section

90 (3)

fifty 50

Section 95 . . . . . . . fifty (wherever occurring) 50

Section 96 . . . . . . . twenty-five 25

Section 99 . . . . . . . sub-paragraph (iii) of paragraph

(a) or sub-paragraph (iii) of

paragraph (b) of section 91 of

this Act sub-

paragraph

91 (a)

(iii) or

91 (b)

(iii)

Section 105 . . . . . . . sub-section (3) of section 89 of

this Act sub-section

89 (3)

Section 107 (5) . . . . . twelve 12

Section 108 (3) . . . . . paragraph (b) of sub-section (1)

of this section paragraph

(l) (b)

Section 109 (6) . . . . . paragraph (c) of the last

preceding sub-section paragraph

(5) (c)

Section 110 (1) . . . . . fifty 50

Section 113 (1) . . . . . sub-section (2) of section 110 of

this Act sub-section

110 (2)

Section 127 (1) . . . . . sub-sections (4), (5) and (6) of

section 35 of this Act sub-

sections 35

(4), (5)

and (6)

Section 128 . . . . . . . fifty 50

Section 129 (2) . . . . . paragraphs (a) and (b) of the

last preceding sub-section paragraphs

(1) (a) and

(b)

Section 131 . . . . . . . sub-section (3) of section 98 of

this Act sub-section

98 (3)

Section 133 (3) . . . . . sub-section (3) or sub-section

(5) of the last preceding section sub-section

132 (3) or

(5)

Section 135 (3) . . . . . five 5

Section 136 (2) . . . . . sub-section (5) of section 132

of this Act sub-section

132 (5)

Section 138 . . . . . . . five 5

Section 140 . . . . . . . five 5

Section 141 . . . . . . . seven 7

Section 146 (3) . . . . . two 2

Section 146 (8) . . . . . two 2

Section 147 . . . . . . . sub-section (3) of the last

preceding section sub-section

146 (3)

Section 149 (1) . . . . . sub-section (3) of section 47,

or sub-section (3) of section 70,

of this Act sub-section

47 (3) or

70 (3)

Section 150 (1) . . . . . sub-section (3) of section 107

of this Act sub-section

107 (3)

Section 151 (1) . . . . . sub-section (1) of section 108

of this Act sub-section

108 (1)

Section 152 (1) . . . . .

(definition of

"broadcaster") sub-paragraph (iii) of

paragraph (a) or sub-paragraph

(iii) of

paragraph (b) of section 91 of

this Act sub-

paragraph

91 (a)

(iii) or 91

(b) (iii)

Section 152 (8) . . . . . the thirtieth day of June 30 June

one per centum 1%

Section 152 (9) . . . . . the thirtieth day of June

(wherever occurring) 30 June

Section 152 (15) . . . . the thirtieth day of June 30 June

Section 152 (16) . . . . sub-section (6) of this section sub-section (6)

Section 153 (1) . . . . . paragraph (b) of sub-section (3)

of section 59 of this Act paragraph

59 (3) (b)

Section 156 (2) . . . . . fifteen (first occurring) 15

twelve 12

fifteen (second occurring) 15

three 3

Section 156 (5) . . . . . Sub-sections (3), (4) and (6) to

(10), inclusive, of the last

preceding section Sub-

sections

155 (3),

(4), and

(6) to (10)

inclusive

Section 159 (4) . . . . . sub-section (1), sub-section (2)

or sub-section (3) of section

157 of this Act sub-section

157 (1),

(2) or (3)

Section 159 (5) . . . . . sub-section (4) of section 157

of this Act sub-section

157 (4)

Section 166 (2) . . . . . section 148 of this Act section 148

section 156 of this Act section 156

sub-section (3) of section 161

of this Act sub-section

161 (3)

section 161 of this Act section 161

Section 172 (3) . . . . . One thousand dollars or

imprisonment for three months $1,000 or

imprisonment

for

3 months

Section 173 . . . . . . . paragraph (b) of sub-section

(2) of section 163 of this

Act paragraph

163 (2)

(b)

One thousand dollars or

imprisonment for three months $1,000 or

imprisonment

for

3 months

Section 180 . . . . . . . fifty (wherever occurring) 50

Section 181 . . . . . . . fifty 50

Section 183 (6) . . . . . sub-section (1) of this section sub-section (1)

Section 183 (8) . . . . . sub-section (1) of this section sub-section (1)

Section 184 (1) . . . . . sub-paragraph (iii) of paragraph

(a) or sub-paragraph (iii) of

paragraph (b) of section 91 of

this Act sub-

paragraph

91 (a)

(iii) or 91

(b) (iii)

Section 185 (4) . . . . .

(definition of "the

relevant provision of

this Act") section 32 of this Act section 32

Section 186 (1) . . . . . two (wherever occurring) 2

Section 187 (2) . . . . . fifty 50

Section 188 (2) . . . . . fifty 50

Section 188 (3) . . . . . two 2

twenty-five 25

Section 199 (7) . . . . . sub-paragraph (iii) of paragraph

(a) of section 91 of this Act sub-

paragraph

91 (a)

(iii)

sub-paragraph (iii) of paragraph

(b) of section 91 of this Act sub-

paragraph

91 (b)

(iii)

Section 200 (4) . . . . . sub-sections (1) and (2) of this

section sub-

sections

(1) and (2)

Section 201 . . . . . . . One hundred dollars $100

Section 209 (1) . . . . . sub-section (5) of section 29

of this Act sub-section

29 (5)

thirty 30

fourteen 14

Section 209 (2) . . . . . sub-section (7) of section 29

of this Act sub-section

29 (7)

Section 210 (2) . . . . . Division 5 of this Part Division 5

Section 211 (1) . . . . . Sub-section (1) of section 32 of

this Act Sub-section

32 (1)

Section 211 (2) . . . . . Sub-section (2) of section 32 of

this Act Sub-section

32 (2)

Section 211 (3) . . . . . Sub-section (2) of section 32 of 32

(2)

this Act Sub-section

32 (2)

paragraph (e) of that sub-section paragraph 32

(2)(e) Section 211 (4) . . . . . Sub-section (3) of section 32 of

this Act Sub-section

32 (3)

Section 212 . . . . . . . Sub-section (6) of section 33 of

this Act Sub-section

33 (6)

sub-section (2) of section 32 of

this Act sub-section

32 (2)

fifty 50

Section 213 (1) . . . . . Sub-sections (4) and (6) of

section 35 of this Act Sub-

sections 35

(4) and (6)

Section 213 (2) . . . . . Sub-section (5) of section 35 of

this Act Sub-section

35 (5)

Section 213 (3) . . . . . sub-section (4), sub-section (5)

or sub-section (6) of section 35

of this Act sub-section

35 (4), (5)

or (6)

sub-section (2) of section 35 of

this Act sub-section

35 (2)

Section 215 (2) . . . . . sub-section (1) of section 5 of

this Act, sub-sections (2) to

(7), inclusive, of section 19 of

the Copyright Act, 1911 sub-section

5 (1) of

this Act,

sub-

sections 19

(2) to (7),

inclusive

of the

Copyright

Act, 1911

Section 216 . . . . . . . section 68 of this Act section 68

section 66 of this Act section 66

Section 217 . . . . . . . sub-section (2) of section 73 of

this Act sub-section

73 (2)

Section 219 (4) . . . . . paragraph (a) of sub-section (1)

of this section paragraph

(1) (a)

Section 220 (1) . . . . . Sub-section (1) of section 89 of

this Act Sub-section

89 (1)

Section 220 (2) . . . . . Sub-section (2) of section 89 of

this Act Sub-section

89 (2)

Section 220 (3) . . . . . Section 93 of this Act Section 93

section 89 of this Act section 89

fifty 50

Section 221 . . . . . . . section 90 of this Act section 90

Section 222 (1) . . . . . section 204 of this Act section 204

section 10 of this Act section 10

Section 223 . . . . . . . section 91 of this Act section 91

Section 224 . . . . . . . section 92 of this Act section 92

Section 226 . . . . . . . Section 115 of this Act Section 115

Section 227 . . . . . . . sub-section (1) of section 5 sub-section 5

(1)

Section 232 (2) . . . . . section 157 of this Act section 157

Section 233 . . . . . . . Sub-section (2) of section 180

of this Act Sub-section

180 (2)

sub-section (3) of that section sub-section 180

(3) Section 234 . . . . . . . Section 181 of this Act Section 181

Section 235 (1) . . . . . sections 178 and 181 of this Act sections 178 and

181

Section 235 (2) . . . . . sections 178 and 181 of this Act sections 178 and

181

section 204 of this Act section 204

sub-section (1) of section 180,

of this Act sub-section

180 (1),

sub-section (1) of section 222

of this Act sub-section

222 (1)

sub-section (2) of section 180

of this Act sub-section

180 (2)

section 233 of this Act section 233

Section 236 (1) . . . . . Sub-section (1) of section 187

of this Act Sub-section

187 (1)

Section 236 (2) . . . . . Sub-section (2) of section 187

of this Act Sub-section

187 (2)

Section 237 (1) . . . . . Sub-section (1) of section 188

of this Act Sub-section

188 (1)

Section 237 (2) . . . . . Sub-section (2) of section 188

of this Act Sub-section

188 (2)

Section 237 (3) . . . . . Sub-section (3) of section 188

of this Act Sub-section

188 (3)

Section 238 (1) . . . . . section 190 of this Act section 190

paragraphs (b) and (c) of

sub-section (1) of that section paragraphs

190 (1) (b)

and (c)

Section 239 (3) . . . . . sub-section (1) of section 197

of this Act sub-section

197 (1)

Section 239 (4) . . . . . sub-section (1) of this section

(wherever occurring) sub-section

(1)

twenty-five 25

Section 240 (1) . . . . . Section 198 of this Act Section 198

Section 241 . . . . . . . Section 201 of this Act Section 201

Section 244 . . . . . . . the first day of July, One

thousand nine hundred and

twelve 1 July 1912

Section 245 . . . . . . . Division 2 of this Part Division 2

Section 248 (1) . . . . . sub-section (1) of section 239 sub-section 239

(1) sub-section (1) of section 24 sub-section 24 (1)

Section 249 . . . . . . . One hundred dollars $100

------------------------------------------------------------------------------

--

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - NOTES

NOTES

1. Act No. 154, 1980; assented to 19 September 1980.

2. No. 63, 1968, as amended. For previous amendments, see No. 216, 1973; No.

91, 1976; and No. 160, 1977.