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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:

(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;

(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.

(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.

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 acts that are comprised in the

copyright in the work or subject-matter other than a work under

the Act.

Part 2 Application of Act to works

and subject-matter other than

a work

country (a foreign work or subject-matter):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian work or subject-matter; and

(b) as if the foreign work or subject-matter were made or first

published in Australia.

Live performance incorporated in a sound recording and

having connection with a foreign country

(1A) For subregulation (1), and subject to subregulation (1B), a

reference to a sound recording made or first published in a

WPPT country is taken to include a reference to a sound

recording (wherever made), incorporating a live performance

given in a WPPT country.

(1B) Subregulation (1A) applies only in relation to a person who is:

(a)

a maker of the sound recording; and

(b)

a performer in the performance.

Artistic work that is a building, or is attached to or forms

part of a building, in a foreign country

(2) Subject to these Regulations, a provision of the Act that applies

in relation to an artistic work that is a building (or that is

attached to, or forms part of, a building) situated in Australia

(an Australian artistic work) applies in relation to an artistic

work that is a building (or that is attached to, or forms part of, a

building) situated in a Berne Convention country, a UCC

country, a WCT country or a WTO country (a foreign artistic

work):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian artistic work; and

(b) as if the foreign artistic work were situated in Australia.

Work and subject-matter other than a work — citizen or

national of a foreign country

(3) Subject to these Regulations, a provision of the Act relating to

a work or subject-matter other than a work that applies in

relation to a person who, at a material time, is an Australian

citizen applies in relation to a person who, at a material time, is

a citizen or national of a Berne Convention country, a Rome

Convention country, a UCC country, a WCT country, a WPPT

country or a WTO country (a foreign citizen):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian citizen; and

(b) as if the foreign citizen were an Australian citizen.

Work and subject-matter other than a work — person

resident in a foreign country

(4) Subject to these Regulations, a provision of the Act relating to

a work or subject-matter other than a work that applies in

relation to a person who, at a material time, is resident in

Australia (an Australian resident) applies in relation to a

person who, at a material time, is resident in a Berne

Convention country, a Rome Convention country, a UCC

country, a WCT country, a WPPT country or a WTO country

(a foreign resident):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian resident; and

(b) as if the foreign resident were an Australian resident.

Work and subject-matter other than a work — body

incorporated under the law of a foreign country

(5) Subject to these Regulations, a provision of the Act relating to

a work or subject-matter other than a work that applies in

relation to a body incorporated, at a material time, under the

law of the Commonwealth or of a State (an Australian body

corporate) applies in relation to a body incorporated, at a

material time, under the law of a Berne Convention country, a

Rome Convention country, a UCC country, a WCT country, a

WPPT country or a WTO country (a foreign body corporate):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian body corporate; and

(b) as if the foreign body corporate were an Australian body

corporate.

Sound broadcast or television broadcast made from a

place in a foreign country

(6) Subject to these Regulations, a provision of the Act that applies

in relation to a sound broadcast, or a television broadcast,

referred to in section 91 of the Act (an Australian broadcast)

applies in relation to a sound broadcast, or a television

broadcast, made at a material time by a relevant broadcaster

from a place in a Rome Convention country (a foreign

broadcast):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian broadcast; and

(b) as if the foreign broadcast were an Australian broadcast.

Broadcasts made before 1 January 1992

(7) Copyright does not, under subregulation (6), subsist in

Australia in a sound broadcast or a television broadcast made

from a place outside Australia before 1 January 1992.

Australian retransmission of US television broadcasts

(7A) Subject to these Regulations, a provision of the Act that applies

to an Australian retransmission of an Australian television

broadcast applies in relation to an Australian retransmission of

a US television broadcast:

(a) in the same way as the provision applies, under the Act, in

relation to an Australian retransmission of an Australian

television broadcast; and

(b) as if the US television broadcast were an Australian

television broadcast.

Encoded 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.

Copyright not to subsist in overseas editions in

country (a foreign citizen):

(a) in the same way as the provision applies, under the Act, in

relation to a person who, at a material time, is an

Australian citizen; and

(b) as if the foreign citizen were an Australian citizen.

Person resident in a foreign country

(4) An applicable provision applies in relation to a person who, at

a material time, is resident in a participating country (a foreign

resident):

(a) in the same way as the provision applies, under the Act, in

relation to a person who, at a material time, is resident in

Australia; and

(b) as if the foreign resident were resident in Australia.

Performance given before 2 January 1992

(6) Subject to subregulation (7), no rights arising under this

regulation subsist in Australia in relation to a performance

given before 2 January 1992 if the performance relates to a

Rome Convention country.

(7) Subregulation (6) does not apply if:

(a) the country is also a WTO country or a WPPT country;

and

(b) the rights arising under this regulation are in relation to a

provision of Part XIA of the Act relating to sound

recordings, or communication to the public of live

performances.

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.

Part 4 Works made etc before

application of Act and

Regulations

Table of Statutory Rules Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted