Prepared by the Office of Parliamentary Counsel, Canberra
Copyright (International Protection)
Regulations 1969
Statutory Rules No. 60, 1969 as amended
made under the
Copyright Act 1968
Compilation start date: 1 July 2013
Includes amendments up to: SLI No. 134, 2013
Federal Register of Legislative Instruments F2013C00711
About this compilation
This compilation
This is a compilation of the Copyright (International Protection) Regulations
1969 as in force on 1 July 2013. It includes any commenced amendment
affecting the legislation to that date.
This compilation was prepared on 19 August 2013.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment is affected by an application,
saving or transitional provision that is not included in this compilation, details
are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force,
details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have
effect in accordance with a provision of the law, details are included in the
endnotes.
Federal Register of Legislative Instruments F2013C00711
Copyright (International Protection) Regulations 1969 i
Contents
Part 1—Preliminary 1 1 Name of regulations ..........................................................................1
2 Commencement.................................................................................1
3 Interpretation .....................................................................................1
Part 2—Application of Act to works and subject-matter other
than a work 7 4 Protection—Berne Convention countries, UCC countries,
USA, Rome Convention countries, WPPT countries and
WTO countries (Act s 184) ...............................................................7
5 Copyright not to subsist in overseas editions in certain cases..........10
6 Copyright in certain sound recordings may include right to
cause the recording to be heard in public.........................................11
7 Copyright in certain sound recordings may include right to
broadcast the recording....................................................................12
Part 3—Application of Act to performances 14 8 Protection—Rome Convention countries, WPPT countries
and WTO countries (Act s 248U)....................................................14
Part 4—Works made etc before application of Act and
Regulations 17 9 Works made before 1 July 1912 ......................................................17
10 Works first published before 1 May 1969 .......................................17
11 Sound recording made before 1 May 1969—UCC countries ..........18
12 Published works etc relating to post-1969 UCC countries ..............18
13 Action taken in relation to works etc before a foreign country
becomes a country to which these Regulations apply......................19
14 Saving..............................................................................................20
Federal Register of Legislative Instruments F2013C00711
ii Copyright (International Protection) Regulations 1969
Schedule 3—Countries that provide rights for
secondary uses of sound recordings 21
Endnotes 24
Endnote 1—About the endnotes 24
Endnote 2—Abbreviation key 26
Endnote 3—Legislation history 27
Endnote 4—Amendment history 28
Endnote 5—Uncommenced amendments [none] 31
Endnote 6—Modifications [none] 31
Endnote 7—Misdescribed amendments [none] 31
Endnote 8—Miscellaneous [none] 31
Federal Register of Legislative Instruments F2013C00711
Preliminary Part 1
Regulation 1
Copyright (International Protection) Regulations 1969 1
Part 1—Preliminary
1 Name of regulations
These regulations are the Copyright (International Protection)
Regulations 1969.
2 Commencement
These Regulations shall come into operation on the date fixed by
Proclamation under section 2 of the Act.
3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
amending Regulations means the Copyright (International
Protection) Amendment Regulations 2003 (No. 1).
at a material time means:
(a) in relation to, or in relation to the application of the Act in
respect of, a work or subject matter other than a work that is
unpublished:
(i) at the time when the work or subject-matter other than a
work was made; or
(ii) if the making of the work or subject-matter other than a
work extended over a period—over a substantial part of
that period; and
(b) in relation to, or in relation to the application of the Act in
respect of, a work or subject-matter other than a work that
has been published—at the time when the work or
subject-matter other than a work was first published; and
(c) in relation to a sound broadcast or a television broadcast—
the time when that broadcast was made; and
(d) in relation to a performance—the time when the performance
was given.
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Part 1 Preliminary
Regulation 3
2 Copyright (International Protection) Regulations 1969
Australian retransmission means a retransmission of a television
broadcast:
(a) over the Internet; and
(b) made from a place in Australia.
Australian television broadcast means a television broadcast
mentioned in section 91 of the Act.
Berne Convention country:
(a) means a foreign country that is a party to the International
Convention for the Protection of Literary and Artistic Works
concluded at Berne on 9 September 1886 (the Berne
Convention); and
(b) if application of the Berne Convention is extended, in
accordance with international law, to a territory (however
described) of the foreign country—includes that territory.
Note 1: For information as to which countries are parties to the Berne
Convention, see, for example, the World Intellectual Property
Organization website at www.wipo.int.
Note 2: For the application of these Regulations, before the commencement of
the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
broadcaster, for an encoded broadcast, has the meaning given by
section 135AL of the Act.
encoded broadcast has the meaning given by section 135AL of the
Act.
foreign country means a country other than Australia.
performance means a performance of a kind referred to in
paragraph (a), (b), (c), (d) or (e) of the definition of performance
in subsection 248A (1) of the Act but does not include a
performance of a kind referred to in subsection 248A (2) of the
Act.
relevant broadcaster, in relation to a sound broadcast or a
television broadcast, means a person who:
Federal Register of Legislative Instruments F2013C00711
Preliminary Part 1
Regulation 3
Copyright (International Protection) Regulations 1969 3
(a) is entitled, under the law of the country from which the sound
broadcast or television broadcast is made, to make that sound
broadcast or television broadcast; and
(b) is, at a material time:
(i) a citizen or national of that country; or
(ii) a person resident in, or a body corporate that has its
headquarters in, that country.
Rome Convention country:
(a) means a foreign country that is a party to the International
Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organisations done at Rome
on 26 October 1961 (the Rome Convention); and
(b) if application of the Rome Convention is extended, in
accordance with international law, to a territory (however
described) of the foreign country—includes that territory.
Note 1: For information as to which countries are parties to the Rome
Convention, see, for example, the World Intellectual Property
Organization website at www.wipo.int.
Note 2: For the application of these Regulations, before the commencement of
the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
Schedule 3 country:
(a) means a country that is specified in Schedule 3 as a country
that provides rights for secondary uses of sound recordings;
and
(b) if a territory (however described) of the country also provides
those rights—includes that territory.
Note: For the application of these Regulations, before the commencement of
the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
subject-matter other than a work means any of the following:
(a) a published edition of a work or works;
(b) a sound recording;
(c) a cinematograph film;
(d) a sound broadcast;
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Part 1 Preliminary
Regulation 3
4 Copyright (International Protection) Regulations 1969
(e) a television broadcast.
the Act means the Copyright Act 1968.
UCC country:
(a) means a foreign country that:
(i) is a party to the Universal Copyright Convention; and
(ii) is neither a Berne Convention country nor a WTO
country; and
(b) if application of the Universal Copyright Convention is
extended, in accordance with international law, to a territory
(however described) of the foreign country—includes that
territory.
Note 1: For information as to which countries are parties to the Universal
Copyright Convention, see, for example, the United Nations
Educational, Scientific and Cultural Organization website at
www.unesco.org.
Note 2: For the application of these Regulations, before the commencement of
the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
Universal Copyright Convention means the Universal Copyright
Convention concluded at Geneva on 6 September 1952.
US broadcaster means a broadcaster who:
(a) is entitled, under the law of the United States of America, to
make an encoded broadcast; and
(b) is, at a material time:
(i) a citizen or national of the United States of America; or
(ii) a person resident in, or a body corporate that has its
headquarters in, the United States of America.
US television broadcast means a television broadcast made from a
place in the United States of America, at a material time, by a
relevant broadcaster.
WCT country means a foreign country that is a party to the WIPO
Copyright Treaty concluded at Geneva on 20 December 1996.
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Preliminary Part 1
Regulation 3
Copyright (International Protection) Regulations 1969 5
Note: For information as to which countries are parties to the WIPO
Copyright Treaty, see, for example, the World Intellectual Property
Organization website at www.wipo.int.
WPPT country means a foreign country that is a party to the WIPO
Performances and Phonograms Treaty concluded at Geneva on
20 December 1996.
Note: For information as to which countries are parties to the WIPO
Performances and Phonograms Treaty, see, for example, the World
Intellectual Property Organization website at www.wipo.int.
WTO country:
(a) means a foreign country (including a separate customs
territory) that is a member of the World Trade Organization;
and
(b) if the foreign country’s membership in the World Trade
Organization is extended, in accordance with international
law, to include a territory (however described) of the foreign
country—includes that territory.
Note 1: For information as to which countries are members of the World
Trade Organization, see, for example, the World Trade Organization
website at www.wto.org.
Note 2: For the application of these Regulations, before the commencement of
the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
(3) Without limiting the application in relation to these Regulations of
paragraph 46 (1) (a) of the Acts Interpretation Act 1901, an
expression used in any of these Regulations that:
(a) is also used in a section of the Act for the purposes of which,
or of a provision of which, that regulation is made; and
(b) has, in that section, a defined or other specified meaning;
has the same meaning in that regulation.
(5) For the purposes of these Regulations, protection in the nature of
copyright shall be deemed to be conferred in relation to a work or
subject-matter other than a work under the law of a country other
than Australia if that law confers on the person entitled to the
protection the exclusive right to do in that country in relation to the
work or subject-matter other than a work any one or more of the
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Part 1 Preliminary
Regulation 3
6 Copyright (International Protection) Regulations 1969
acts that are comprised in the copyright in the work or
subject-matter other than a work under the Act.
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Application of Act to works and subject-matter other than a work Part 2
Regulation 4
Copyright (International Protection) Regulations 1969 7
Part 2—Application of Act to works and
subject-matter other than a work
4 Protection—Berne Convention countries, UCC countries, USA,
Rome Convention countries, WPPT countries and WTO
countries (Act s 184)
Work, and subject-matter other than a work, made or first
published in a foreign country
(1) Subject to these Regulations, a provision of the Act that applies in
relation to a literary, dramatic, musical or artistic work or edition
first published, or a sound recording or cinematograph film made
or first published, in Australia (an Australian work or
subject-matter) applies in relation to a literary, dramatic, musical
or artistic work or edition first published, or a sound recording or
cinematograph film made or first published, in a Berne Convention
country, a Rome Convention country, a UCC country, a WCT
country, a WPPT country or a WTO country (a foreign work or
subject-matter):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian work or subject-matter; and
(b) as if the foreign work or subject-matter were made or first
published in Australia.
Live performance incorporated in a sound recording and having
connection with a foreign country
(1A) For subregulation (1), and subject to subregulation (1B), a
reference to a sound recording made or first published in a WPPT
country is taken to include a reference to a sound recording
(wherever made), incorporating a live performance given in a
WPPT country.
(1B) Subregulation (1A) applies only in relation to a person who is:
(a) a maker of the sound recording; and
Federal Register of Legislative Instruments F2013C00711
Part 2 Application of Act to works and subject-matter other than a work
Regulation 4
8 Copyright (International Protection) Regulations 1969
(b) a performer in the performance.
Artistic work that is a building, or is attached to or forms part of a
building, in a foreign country
(2) Subject to these Regulations, a provision of the Act that applies in
relation to an artistic work that is a building (or that is attached to,
or forms part of, a building) situated in Australia (an Australian
artistic work) applies in relation to an artistic work that is a
building (or that is attached to, or forms part of, a building) situated
in a Berne Convention country, a UCC country, a WCT country or
a WTO country (a foreign artistic work):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian artistic work; and
(b) as if the foreign artistic work were situated in Australia.
Work and subject-matter other than a work—citizen or national of
a foreign country
(3) Subject to these Regulations, a provision of the Act relating to a
work or subject-matter other than a work that applies in relation to
a person who, at a material time, is an Australian citizen applies in
relation to a person who, at a material time, is a citizen or national
of a Berne Convention country, a Rome Convention country, a
UCC country, a WCT country, a WPPT country or a WTO country
(a foreign citizen):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian citizen; and
(b) as if the foreign citizen were an Australian citizen.
Work and subject-matter other than a work—person resident in a
foreign country
(4) Subject to these Regulations, a provision of the Act relating to a
work or subject-matter other than a work that applies in relation to
a person who, at a material time, is resident in Australia (an
Australian resident) applies in relation to a person who, at a
material time, is resident in a Berne Convention country, a Rome
Convention country, a UCC country, a WCT country, a WPPT
country or a WTO country (a foreign resident):
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Application of Act to works and subject-matter other than a work Part 2
Regulation 4
Copyright (International Protection) Regulations 1969 9
(a) in the same way as the provision applies, under the Act, in
relation to an Australian resident; and
(b) as if the foreign resident were an Australian resident.
Work and subject-matter other than a work—body incorporated
under the law of a foreign country
(5) Subject to these Regulations, a provision of the Act relating to a
work or subject-matter other than a work that applies in relation to
a body incorporated, at a material time, under the law of the
Commonwealth or of a State (an Australian body corporate)
applies in relation to a body incorporated, at a material time, under
the law of a Berne Convention country, a Rome Convention
country, a UCC country, a WCT country, a WPPT country or a
WTO country (a foreign body corporate):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian body corporate; and
(b) as if the foreign body corporate were an Australian body
corporate.
Sound broadcast or television broadcast made from a place in a
foreign country
(6) Subject to these Regulations, a provision of the Act that applies in
relation to a sound broadcast, or a television broadcast, referred to
in section 91 of the Act (an Australian broadcast) applies in
relation to a sound broadcast, or a television broadcast, made at a
material time by a relevant broadcaster from a place in a Rome
Convention country (a foreign broadcast):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian broadcast; and
(b) as if the foreign broadcast were an Australian broadcast.
Broadcasts made before 1 January 1992
(7) Copyright does not, under subregulation (6), subsist in Australia in
a sound broadcast or a television broadcast made from a place
outside Australia before 1 January 1992.
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Part 2 Application of Act to works and subject-matter other than a work
Regulation 5
10 Copyright (International Protection) Regulations 1969
Australian retransmission of US television broadcasts
(7A) Subject to these Regulations, a provision of the Act that applies to
an Australian retransmission of an Australian television broadcast
applies in relation to an Australian retransmission of a US
television broadcast:
(a) in the same way as the provision applies, under the Act, in
relation to an Australian retransmission of an Australian
television broadcast; and
(b) as if the US television broadcast were an Australian
television broadcast.
Encoded broadcast made from the USA
(7B) Subject to these Regulations, a provision of Part VAA of the Act
that applies to an encoded broadcast made from a place in
Australia (an Australian encoded broadcast) applies in relation to
an encoded broadcast made at a material time by a US broadcaster
from a place in the United States of America (a US encoded
broadcast):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian encoded broadcast; and
(b) as if the US encoded broadcast were an Australian encoded
broadcast.
Modification of Act
(8) To the extent that this regulation is inconsistent with the Act, the
application of the Act by these Regulations is modified.
5 Copyright not to subsist in overseas editions in certain cases
(1) Copyright that, under the Act, subsists in a published edition of a
work or works by reason only of the operation of these Regulations
subsists only so long as protection in the nature of copyright
subsists in relation to the edition under the law of a relevant
country.
(2) In this regulation:
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Application of Act to works and subject-matter other than a work Part 2
Regulation 6
Copyright (International Protection) Regulations 1969 11
relevant country means a Berne Convention country, a UCC
country, a WCT country or a WTO country:
(a) in which the edition was first published; or
(b) of which the publisher of the edition was a citizen or national
at a material time; or
(c) in which the publisher, being an individual, was resident at a
material time; or
(d) under the law of which the publisher, being a body corporate,
was incorporated at a material time.
(3) To the extent that this regulation is inconsistent with the Act, the
application of the Act by these Regulations is modified.
6 Copyright in certain sound recordings may include right to cause
the recording to be heard in public
(1) This regulation applies to a published sound recording if:
(a) under the Act, copyright subsists in the recording by reason
only of the operation of these Regulations, or the operation of
these Regulations and subsection 89 (3) of the Act; and
(b) either:
(i) the recording has been published in Australia; or
(ii) a period of 7 weeks has elapsed from the date of the first
publication of the recording.
Note: A sound recording first published in a foreign country could, under
subsection 29 (5) of the Act, be a sound recording that is taken to be
first published in Australia, to which subsection 89 (3) of the Act
applies.
(2) Copyright that subsists in the recording includes the exclusive right
to cause the recording to be heard in public, only if:
(a) the maker of the recording was, at the time when the
recording was made:
(i) a citizen or national of a Schedule 3 country; or
(ii) a person resident in, or a body corporate incorporated
under the law of, a Schedule 3 country; or
(b) the recording was made in a Schedule 3 country.
Federal Register of Legislative Instruments F2013C00711
Part 2 Application of Act to works and subject-matter other than a work
Regulation 7
12 Copyright (International Protection) Regulations 1969
(3) The application of section 105 of the Act by these Regulations is
modified by the operation of this regulation.
7 Copyright in certain sound recordings may include right to
broadcast the recording
(1) This regulation applies to a published sound recording if:
(a) under the Act, copyright subsists in the recording by reason
only of the operation of these Regulations, or the operation of
these Regulations and subsection 89 (3) of the Act; and
(b) either:
(i) the recording has been published in Australia; or
(ii) a period of 7 weeks has elapsed from the date of the first
publication of the recording and the recording is not a
performance-related recording.
Note: A sound recording first published in a foreign country could, under
subsection 29 (5) of the Act, be a sound recording that is taken to be
first published in Australia, to which subsection 89 (3) of the Act
applies.
(2) Copyright that subsists in the recording includes the exclusive right
to broadcast the recording, only if:
(a) the maker of the recording was, at the time when the
recording was made:
(i) a citizen or national of a Schedule 3 country; or
(ii) a person resident in, or a body corporate incorporated
under the law of, a Schedule 3 country; or
(b) the recording was made in a Schedule 3 country.
(3) For this regulation, a recording is a performance-related recording
if:
(a) the recording consists of, or includes, a musical work in
which copyright subsists; and
(b) the musical work:
(i) was made for the purpose of being performed, or has
been performed, in association with a dramatic work; or
(ii) has been included in a cinematograph film; and
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Application of Act to works and subject-matter other than a work Part 2
Regulation 7
Copyright (International Protection) Regulations 1969 13
(c) recordings of the musical work have not been supplied
(whether by sale or otherwise) to the public in Australia.
(4) For paragraph (3) (c), a supply of recordings of a musical work is
disregarded if the supply was done otherwise than by, or with the
licence of, the owner of the copyright in the work.
(5) The application of section 105 of the Act by these Regulations is
modified by the operation of this regulation.
Federal Register of Legislative Instruments F2013C00711
Part 3 Application of Act to performances
Regulation 8
14 Copyright (International Protection) Regulations 1969
Part 3—Application of Act to performances
8 Protection—Rome Convention countries, WPPT countries and
WTO countries (Act s 248U)
Definitions
(1) In this regulation:
applicable provision, in relation to a participating country, means:
(a) if the participating country is a WTO country or a WPPT
country but not a Rome Convention country—a provision of
Part XIA of the Act relating to sound recordings, or
communication to the public of live performances; and
(b) in any other case—each provision of Part XIA of the Act.
participating country means:
(a) a Rome Convention country; or
(b) a WPPT country; or
(c) a WTO country.
Performance given in a foreign country
(2) An applicable provision applies in relation to a performance given
in a participating country (a foreign performance):
(a) in the same way as the provision applies, under the Act, in
relation to a performance given in Australia; and
(b) as if the foreign performance were given in Australia.
Sound recording made in a foreign country of a performance
(2A) An applicable provision applies in relation to a sound recording,
made in a participating country (a foreign sound recording), of a
performance:
(a) in the same way as the provision applies, under the Act, in
relation to a sound recording of a performance given in
Australia; and
Federal Register of Legislative Instruments F2013C00711
Application of Act to performances Part 3
Regulation 8
Copyright (International Protection) Regulations 1969 15
(b) as if the foreign sound recording were made in Australia.
Broadcast made in a foreign country of a performance
(2B) An applicable provision applies in relation to a broadcast, made by
a relevant broadcaster from a place in a participating country (a
foreign broadcast), of a performance:
(a) in the same way as the provision applies, under the Act, in
relation to a broadcast of a performance given in Australia;
and
(b) as if the foreign broadcast were made in Australia.
Sound recording made by a citizen, national or resident of a
foreign country of a performance
(2C) An applicable provision applies in relation to a sound recording,
made by a person who is a citizen, national or resident of a
participating country (a foreign person), of a performance:
(a) in the same way as the provision applies, under the Act, in
relation to a sound recording of a performance given in
Australia; and
(b) as if the foreign person were an Australian citizen or resident.
Citizen or national of a foreign country
(3) An applicable provision applies in relation to a person who, at a
material time, is a citizen or national of a participating country (a
foreign citizen):
(a) in the same way as the provision applies, under the Act, in
relation to a person who, at a material time, is an Australian
citizen; and
(b) as if the foreign citizen were an Australian citizen.
Person resident in a foreign country
(4) An applicable provision applies in relation to a person who, at a
material time, is resident in a participating country (a foreign
resident):
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Part 3 Application of Act to performances
Regulation 8
16 Copyright (International Protection) Regulations 1969
(a) in the same way as the provision applies, under the Act, in
relation to a person who, at a material time, is resident in
Australia; and
(b) as if the foreign resident were resident in Australia.
Performance given before 2 January 1992
(6) Subject to subregulation (7), no rights arising under this regulation
subsist in Australia in relation to a performance given before
2 January 1992 if the performance relates to a Rome Convention
country.
(7) Subregulation (6) does not apply if:
(a) the country is also a WTO country or a WPPT country; and
(b) the rights arising under this regulation are in relation to a
provision of Part XIA of the Act relating to sound recordings,
or communication to the public of live performances.
Modification of Act
(8) To the extent that this regulation is inconsistent with the Act, the
application of the Act by these Regulations is modified.
Federal Register of Legislative Instruments F2013C00711
Works made etc before application of Act and Regulations Part 4
Regulation 9
Copyright (International Protection) Regulations 1969 17
Part 4—Works made etc before application of Act
and Regulations
9 Works made before 1 July 1912
(1) This regulation applies to a work that was made before 1 July 1912
if:
(a) the work was first published or performed in a country that is
a Berne Convention country, a WCT country or a WTO
country; or
(b) the author of the work was, at a material time, a citizen or
national of, or resident in, a country that is a Berne
Convention country, a WCT country or a WTO country.
(2) Division 5 of Part XI of the Act applies to the work as if:
(a) for the purpose of determining whether a right (existing
right) subsisted immediately before the commencement of
the Copyright Act, 1911:
(i) the work was first published or performed in Australia;
or
(ii) the author of the work was, at a material time, an
Australian citizen or resident in Australia; and
(b) any right that, by virtue of section 24 of the Copyright Act,
1911, would have been conferred in place of any existing
right were a right conferred by the Copyright Act, 1911.
10 Works first published before 1 May 1969
(1) This regulation applies to a work that was first published, before
the commencement of the Act, in a country that is a Berne
Convention country, a WCT country or a WTO country.
(2) Section 210 of the Act applies to the work as if, for the purpose of
determining whether copyright subsisted under the Copyright Act,
1911, the work was first published in Australia.
Federal Register of Legislative Instruments F2013C00711
Part 4 Works made etc before application of Act and Regulations
Regulation 11
18 Copyright (International Protection) Regulations 1969
11 Sound recording made before 1 May 1969—UCC countries
(1) This regulation applies to a sound recording in which copyright
subsists, under the Act, by reason only of either, or both, of the
following:
(a) the maker of the sound recording having been, at the time
when the recording was made:
(i) a citizen or national of a country that is a UCC country;
or
(ii) a person resident in, or a body corporate incorporated
under the law of, a country that is a UCC country;
(b) the first publication of the recording having taken place in a
country that is a UCC country.
(2) Section 89 of the Act, as applied by regulation 4, does not apply to
the sound recording if the recording was made before 1 May 1969.
12 Published works etc relating to post-1969 UCC countries
(1) This regulation applies to:
(a) a literary, dramatic, musical or artistic work or edition that
was first published in a country that is a post-1969 UCC
country; and
(b) a published sound recording or a published cinematograph
film that was made or first published in a country that is a
post-1969 UCC country; and
(c) a published artistic work that is a building (or that is attached
to, or forms part of, a building) situated in a post-1969 UCC
country; and
(d) a published work the author of which, an edition the
publisher of which, or a published sound recording or a
published cinematograph film the maker of which, was at a
material time:
(i) a citizen or national of a country that is a post-1969
UCC country; or
(ii) a person resident in, or a body corporate incorporated
under the law of, a country that is a post-1969 UCC
country.
Federal Register of Legislative Instruments F2013C00711
Works made etc before application of Act and Regulations Part 4
Regulation 13
Copyright (International Protection) Regulations 1969 19
(2) Copyright that, under the Act, subsists in a work, edition, recording
or film by reason of the operation of these Regulations does not
subsist in a work, edition, recording or film mentioned in
subregulation (1), if the work, edition, recording or film was first
published before the day on which the country became a party to
the Universal Copyright Convention.
(3) In this regulation:
post-1969 UCC country means a UCC country that became a party
to the Universal Copyright Convention after 1 May 1969.
(4) To the extent that this regulation is inconsistent with the Act, the
application of the Act by these Regulations is modified.
13 Action taken in relation to works etc before a foreign country
becomes a country to which these Regulations apply
(1) This regulation applies if:
(a) a person (the affected person) has taken any action in
relation to a work, a subject-matter other than a work or a
performance at any time before the date of a relevant event;
and
(b) the affected person has, because of the action, incurred
expenditure or liability; and
(c) either:
(i) the action, being a use of the work, subject-matter or
performance, was at the time lawful; or
(ii) the action was taken for the purpose of, or with a view
to, a use of the work, subject-matter or performance at a
time when the use would, but for the relevant event,
have been lawful.
(2) The affected person continues to be entitled to any right and
interest, arising in connection with the action, that is subsisting and
valuable immediately before the date of the relevant event, unless
the exclusive right holder has agreed to pay reasonable
compensation to the affected person.
(3) In this regulation:
Federal Register of Legislative Instruments F2013C00711
Part 4 Works made etc before application of Act and Regulations
Regulation 14
20 Copyright (International Protection) Regulations 1969
convention country means:
(a) a Berne Convention country; or
(b) a UCC country; or
(c) a Rome Convention country; or
(d) a WCT country; or
(e) a WPPT country; or
(f) a WTO country.
exclusive right holder means the person who, as a result of the
relevant event, has the exclusive right over the use of the work,
subject-matter or performance.
relevant event means:
(a) the commencement of the amending Regulations; or
(b) after that commencement, an event that results in a foreign
country (or a territory of a foreign country) becoming a
convention country in relation to which these Regulations
apply in relation to the work, subject-matter or performance.
(4) To the extent that this regulation is inconsistent with the Act, the
application of the Act by these Regulations is modified.
(5) Despite subregulation (4), subregulation (2) applies subject to
section 248QA of the Act as applied by these Regulations.
Note: A person of the kind described in subregulation (1) who took an action
described in that subregulation may, if regulation 11, 12 or 13 of these
Regulations (as in force before the commencement of the amending
Regulations) applied to the person, continue, in the absence of
reasonable compensation, to be entitled, under that regulation, to a
right or interest arising in connection with the action.
14 Saving
Nothing in regulation 13 affects any right or interest preserved, or
liability arising, under any of regulations 11, 12 and 13 as in force
before the commencement of the amending Regulations.
Federal Register of Legislative Instruments F2013C00711
Countries that provide rights for secondary uses of sound recordings Schedule 3
Copyright (International Protection) Regulations 1969 21
Schedule 3—Countries that provide rights for
secondary uses of sound recordings Note: See the definition of Schedule 3 country in subregulation 3(1).
Countries that provide rights for secondary uses of sound recordings
Algeria
Argentina
Armenia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belgium
Benin
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Canada
Chile
Colombia
Costa Rica
Cyprus
Czech Republic
Denmark
Dominican Republic
Ecuador
Estonia
Fiji
Finland
France
Federal Register of Legislative Instruments F2013C00711
Schedule 3 Countries that provide rights for secondary uses of sound recordings
22 Copyright (International Protection) Regulations 1969
Countries that provide rights for secondary uses of sound recordings
Georgia
Germany
Ghana
Greece
Guatemala
Guinea
Holy See
Honduras
Iceland
India
Ireland
Israel
Italy
Jamaica
Japan
Kazakhstan
Liberia
Liechtenstein
Luxembourg
Malaysia
Malta
Mauritius
Mexico
Montenegro
Morocco
Netherlands
New Zealand
Norway
Oman
Pakistan
Panama
Paraguay
Philippines
Poland
Federal Register of Legislative Instruments F2013C00711
Countries that provide rights for secondary uses of sound recordings Schedule 3
Copyright (International Protection) Regulations 1969 23
Countries that provide rights for secondary uses of sound recordings
Portugal
Republic of Korea
Romania
Russian Federation
Saint Vincent and the Grenadines
Slovakia
Spain
Sweden
Tajikistan
Thailand
The former Yugoslav Republic of Macedonia
Trinidad and Tobago
Turkey
United Arab Emirates
United Kingdom
Uruguay
Venezuela
Vietnam
Federal Register of Legislative Instruments F2013C00711
Endnotes
Endnote 1—About the endnotes
24 Copyright (International Protection) Regulations 1969
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this compilation and its
provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word ―none‖ will
appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in
the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended the compiled law. The information includes commencement
information for amending laws and details of application, saving or transitional
provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision level. It also includes information about any provisions that have
expired or otherwise ceased to have effect in accordance with a provision of the
compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the
compiled law, but the text of the amendments is included in endnote 5.
Federal Register of Legislative Instruments F2013C00711
Endnotes
Endnote 1—About the endnotes
Copyright (International Protection) Regulations 1969 25
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the
modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment
cannot be incorporated into the text of the compilation. Any misdescribed
amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader
of the compilation.
Federal Register of Legislative Instruments F2013C00711
Endnotes
Endnote 2—Abbreviation key
26 Copyright (International Protection) Regulations 1969
Endnote 2—Abbreviation key
ad = added or inserted pres = present
am = amended prev = previous
c = clause(s) (prev) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expired or ceased to have effect rep = repealed
hdg = heading(s) rs = repealed and substituted
LI = Legislative Instrument s = section(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
mod = modified/modification Sdiv = Subdivision(s)
No = Number(s) SLI = Select Legislative Instrument
o = order(s) SR = Statutory Rules
Ord = Ordinance Sub-Ch = Sub-Chapter(s)
orig = original SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)
Federal Register of Legislative Instruments F2013C00711
Endnotes
Endnote 3—Legislation history
Copyright (International Protection) Regulations 1969 27
Endnote 3—Legislation history
Number and year Gazettal or FRLI
registration
Commencement Application, saving
and transitional
provisions
1969 No. 60 28 Apr 1969 1 May 1969 (see r. 2
and Gazette 1969, p.
2543)
1969 No. 65 1 May 1969 1 May 1969 —
1974 No. 137 8 Aug 1974 8 Aug 1974 r. 4 (2)
1980 No. 276 25 Sept 1980 25 Sept 1980 —
1981 No. 74 15 Apr 1981 15 Apr 1981 —
1983 No. 127 5 Aug 1983 5 Aug 1983 —
1984 No. 43 29 Mar 1984 29 Mar 1984 —
1990 No. 356 30 Nov 1990 30 Nov 1990 —
199 No. 357 30 Nov 1990 1 Dec 1990 —
1991 No. 451 19 Dec 1991 1 Jan 1992 —
1991 No. 452 19 Dec 1991 2 Jan 1992 —
1992 No. 124 14 May 1992 14 May 1992 —
1993 No. 214 3 Aug 1993 3 Aug 1993 —
1994 No. 114 3 May 1994 3 May 1994 —
1995 No. 67 11 Apr 1995 rr. 4–8, 10.1 and 10.10:
1 July 1995
Remainder: 11 Apr
1995
—
1995 No. 436 22 Dec 1995 22 Dec 1995 —
1998 No. 360 22 Dec 1998 22 Dec 1998 —
2001 No. 29 1 Mar 2001 1 Mar 2001 —
2003 No. 337 23 Dec 2003 23 Dec 2003 —
2004 No. 257 26 Aug 2004 1 Jan 2005 (see r. 2) —
2004 No. 362 23 Dec 2004 1 Jan 2005 (see r. 2) —
134, 2013 28 June 2013 (see
F2013L01220)
1 July 2013 —
Federal Register of Legislative Instruments F2013C00711
Endnotes
Endnote 4—Amendment history
28 Copyright (International Protection) Regulations 1969
Endnote 4—Amendment history
Provision affected How affected
Part 1
Heading to Part 1 ...........................ad. 2003 No. 337
r. 1 .................................................rs. 1998 No. 360
r. 3 .................................................am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991
Nos. 451 and 452; 1995 No. 67; 1998 No. 360; 2001
No. 29; 2003 No. 337; 2004 Nos. 257 and 362
Part 2
Part 2 .............................................ad. 2003 No. 337
Heading to r. 4 ...............................rs. 2004 Nos. 257 and 362
r. 4 .................................................am. 1980 No. 276; 1990 No. 357; 1991 No. 451; 1995 No. 67; 1998 No. 360;
2001 No. 29
rs. 2003 No. 337
am. 2004 Nos. 257 and 362
r. 4A ..............................................ad. 1991 No. 452
am. 2001 No. 29
rep. 2003 No. 337
r. 4B...............................................ad. 1994 No. 114
rs. 1995 No. 67
am. 2001 No. 29
rep. 2003 No. 337
r. 5 .................................................rep. 1998 No. 360
ad. 2003 No. 337
am. 2004 No. 257
r. 6 .................................................am. 1969 No. 65
rs. 1974 No. 137
am. 1980 No. 276
rs. 2003 No. 337
r. 7 .................................................am. 1969 No. 65
rs. 1974 No. 137
am. 1980 No. 276
Federal Register of Legislative Instruments F2013C00711
Endnotes
Endnote 4—Amendment history
Copyright (International Protection) Regulations 1969 29
Provision affected How affected
rs. 2003 No. 337
r. 7A ..............................................ad. 1969 No. 65
rep. 1974 No. 137
Part 3
Part 3 .............................................ad. 2003 No. 337
Heading to r. 8 ...............................rs. 2004 No. 257
r. 8 .................................................am. 1980 No. 276; 1990 No. 357; 1995 No. 67; 1998 No. 360; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
Part 4
Part 4 .............................................ad. 2003 No. 337
Heading to r. 9 ...............................am. 1998 No. 360
rs. 2003 No. 337
r. 9 .................................................am. 1980 No. 276; 1990 No. 357; 1995 No. 67; 1998 No. 360; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
r. 10 ...............................................rs. 1974 No. 137
am. 1980 No. 276; 1991 No. 451; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
r. 10A ............................................ad. 1991 No. 451
rep. 2003 No. 337
r. 10B.............................................ad. 1991 No. 452
rep. 2003 No. 337
r. 11 ...............................................am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991 No. 451
rs. 2003 No. 337
r. 12 ...............................................ad. 1991 No. 451
am. 2001 No. 29
rs. 2003 No. 337
r. 13 ...............................................ad. 1991 No. 452
am. 1995 No. 67; 2001 No. 29
rs. 2003 No. 337
Federal Register of Legislative Instruments F2013C00711
Endnotes
Endnote 4—Amendment history
30 Copyright (International Protection) Regulations 1969
Provision affected How affected
am. 2004 No. 257
r. 14 ...............................................ad. 2003 No. 337
Schedules
Heading to the Schedules ..............rep. 1995 No. 67
First Schedule................................am. 1974 No. 137
rep. 1980 No. 276
Heading to Schedule 1...................rs. 1995 No. 67
rep. 2003 No. 337
Schedule 1 .....................................ad. 1980 No. 276
am. 1983 No. 127; 1990 Nos. 356 and 357; 1991 No. 451; 1993 No. 214;
1994 No. 114; 1995 Nos. 67 and 436; 1998 No. 360
rs. 2001 No. 29
rep. 2003 No. 337
Second Schedule............................am. 1974 No. 137
rep. 1980 No. 276
Heading to Third Schedule ............rep. 1980 No. 276
Third Schedule ..............................rs. 1974 No. 137
Heading to Schedule 3...................ad. 1980 No. 276
rs. 1995 No. 67; 2003 No. 337
Schedule 3 .....................................rs. 1981 No. 74; 1984 No. 43
am. 1991 No. 451; 1995 No. 67; 1998 No. 360
rs. 2001 No. 29; No 134, 2013
Federal Register of Legislative Instruments F2013C00711
Endnotes
Endnote 5—Uncommenced amendments [none]
Copyright (International Protection) Regulations 1969 31
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
Federal Register of Legislative Instruments F2013C00711