Copyright Regulations 1969
Statutory Rules 1969 No. 58 as amended
made under the
Copyright Act 1968
This compilation was prepared on 4 March 2001 taking into account amendments up to SR 2001 No. 8
Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra
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Contents
2 Copyright Regulations 1969
Contents
Part 1 Preliminary 1 Name of regulations [see Note 1] 6 2 Commencement [see Note 1] 6 3 Interpretation 6
Part 2 Copyright in original works 4B Notices to be displayed 8
4BA Destruction of records or copies — subsection 47AA (3) of the Act 8
4C Sound broadcasts by holders of print disability radio licences 8
4D Notice of communication — paragraph 49 (7A) (c) of the Act 9
5 Notice of intended publication of unpublished work kept in public library 9
6 Countries in relation to which Division 6 of Part III of the Act applies 10
7 Notice of intended making of record of musical work 11
8 Payment of royalty by manufacturer of records of musical works 13
9 Payment of royalty by affixing adhesive labels 14 10 Payment of royalty where owner of copyright fails
to supply adhesive labels 15 11 Deposit of moneys by manufacturer of records with
owner of copyright in musical work 16 12 Payment of royalty where owner of copyright
cannot be found 22 13 Payment of royalties to certain overseas copyright
owners 24 14 Certification of statements 25 15 Prescribed period in relation to making of records
of musical works 26 16 Inquiries in relation to previous records of musical
works 26
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17 Circumstances in which design is taken to be applied industrially 28
Part 3 Copyright in subject-matter other than works
17A Notice requirements — paragraph 104B (b) of the Act 29
18 Prescribed period in relation to public performance of recordings first published outside Australia 29
19 Prescribed period in relation to broadcasts of recordings not published in Australia 29
20 Destruction of copies — subsection 110C (3) of the Act 29
Part 4 Remedies for infringements of copyright
21 Restriction of importation into Australia of copyright material 30
22 Notice of seizure — specified period for beginning action for infringement of copyright 30
22A Notice of seizure — prescribed period for extension of retention period 30
23 Restriction of importation into Norfolk Island of printed copies of works 30
Part 5 Copying and communication of broadcasts by educational and other institutions
23A Definitions 34 23B Marking of copies etc — paragraph 135K (1) (a) of
the Act 34 23C Contents of record — paragraph 135K (1) (b) of
the Act 35 23D Prescribed retention period — paragraph 135K (1)
(c) of the Act 36 23E Sending of copies of records — paragraph 135K
(1) (d) of the Act 36 23F Prescribed manner of keeping records —
paragraph 135K (2) (a) of the Act 36
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23G Form of record — paragraph 135K (2) (b) of the Act 37
23H Marking of copies etc — subsection 135K (3) of the Act 37
23HA Prescribed circumstances — section 135KA of the Act 37
23HB Notice requirements — paragraph 135KA (a) of the Act 38
23J Prescribed provisions — paragraph 135P (3) (d) of the Act 38
Part 5A Reproduction and communication of works etc by educational and other institutions
23JA Interpretation 41 23JB Prescribed message — subsection 135ZQ (3) of
the Act 41 23JC Marking of relevant reproductions — subsection
135ZQ (4) of the Act 41 23JD Prescribed message — subsection 135ZT (3) of
the Act 42 23JE Marking of copies — subsection 135ZT (4) of the
Act 42 23JF Marking of licensed copies etc — paragraph
135ZX (1) (a) of the Act 43 23JG Prescribed particulars — paragraph 135ZX (1) (b)
of the Act 44 23JH Prescribed retention period — paragraph 135ZX
(1) (c) of the Act 46 23JJ Sending of copies of records — paragraph 135ZX
(1) (d) of the Act 46 23JK Prescribed manner of keeping records —
paragraph 135ZX (2) (a) of the Act 46 23JL Prescribed form — paragraph 135ZX (2) (b) of the
Act 46 23JLA Notice requirements — paragraph 135ZXA (a) of
the Act 46 23JM Prescribed provisions — paragraph 135ZZB (3) (d)
of the Act 47
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Part 6 Retransmission of free-to-air broadcasts
23K Identity cards — subsection 135ZZQ (1) of the Act 50 23L Rules of a collecting society —
paragraph 135ZZT (3) (d) of the Act 50
Part 7 Miscellaneous 24 Effect of suspension of orders of Copyright
Tribunal 54 25 Notification of use of copyright material for services
of the Crown 54 25AA Other information and particulars for notices under
section 195AT 56 25A Prescribed retention period for the purposes of
Part X of the Act 58 25B Retention of declarations — subsection 203G (3)
of the Act 58 26 International organizations to which the Act applies 58 27 Service of documents in Australia 59
Schedule 3 60
Schedule 3A 62
Schedule 3B 64
Schedule 4 65
Schedule 8 66
Schedule 9 68
Schedule 11 69
Schedule 11AA 70
Schedule 11AB 71
Schedule 11AC 72
Schedule 11A 73
Schedule 11B 75
Schedule 12 76
Notes 77
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Part 1 Preliminary
Regulation 1
6 Copyright Regulations 1969
Part 1 Preliminary
1 Name of regulations [see Note 1] These regulations are the Copyright Regulations 1969.
2 Commencement [see Note 1] 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:
address for service in Australia means an address at which service may be effected in accordance with regulation 27 of these Regulations. the Act means the Copyright Act 1968. the previous Act means the Copyright Act, 1911.
(2) For the purposes of these regulations, a corporation shall be taken to reside in Australia if the corporation has a registered office in Australia under a law of a State or Territory of the Commonwealth and any such office shall be deemed to constitute a place of residence of the corporation.
(3) A reference in these regulations to a record having been sold shall be read as including a reference to a record having been disposed of gratuitously in circumstances where, by virtue of section 60 of the Act, Division 6 of Part III of the Act applies as if that disposal were a sale of the record by retail.
(4) Without limiting the application in relation to these Regulations of paragraph (a) of section 46 of the Acts Interpretation Act 1901-1966, 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
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(b) has, in that section, a defined or other specified meaning; has the same meaning in that regulation.
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Part 2 Copyright in original works
4B Notices to be displayed For the purposes of paragraph 39A (b) of the Act: (a) a notice 297 millimetres long and 210 millimetres wide is
a notice of the prescribed dimensions; and (b) the prescribed form of notice is the form in Schedule 3.
4BA Destruction of records or copies — subsection 47AA (3) of the Act
(1) This regulation applies in relation to a recording or film of a work or adaptation that is made for the purpose of simulcasting the work or adaptation in digital form.
(2) For subsection 47AA (3) of the Act, the relevant date in relation to the recording or film is 12 months after the end of the relevant simulcast period that, in accordance with the Broadcasting Services Act 1992, is applicable in relation to the broadcasting service that delivers the simulcast.
4C Sound broadcasts by holders of print disability radio licences
(1) For the purposes of subparagraph 47A (1) (b) (iii) of the Act, the following particulars are prescribed: (a) in the case where the work is the whole or part of an
article contained in a periodical publication — the page numbers of the pages in that volume, or in that number of that volume, that have been broadcast, or, in a case where a page so broadcast does not bear a page number, such description of the page as will enable it to be identified; and
(b) in any other case — the page numbers of the pages in the edition of the work that have been broadcast or, in a case where a page so broadcast does not bear a page number
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such description of the page as will enable it to be identified.
(2) For the purposes of paragraph 47A (2) (a) of the Act a record of the making of a broadcast may, instead of being made in writing, be made in any manner that permits the information in the record to be elicited by the use of a computer.
(3) Subject to subregulation (4), for the purposes of paragraph 47A (2) (b) of the Act, where a record of the making of a broadcast is made in writing, that record shall be made in accordance with: (a) in the case where the work is the whole or part of an
article contained in a periodical publication — the form in Schedule 3A; and
(b) in any other case — the form in Schedule 3B.
(4) Strict compliance with the forms in Schedules 3A and 3B is not necessary and substantial compliance is sufficient.
(5) For the purposes of paragraph 47A (11) (a) of the Act, the prescribed retention period is 4 years.
4D Notice of communication — paragraph 49 (7A) (c) of the Act For paragraph 49 (7A) (c) of the Act, a notice in the form set out in Schedule 4 must be communicated to the person.
5 Notice of intended publication of unpublished work kept in public library For the purposes of paragraph (b) of subsection (1), and paragraph (b) of subsection (2), of section 52 of the Act, the prescribed notice of the intended publication of the new work is a notice given by advertisement published in the Gazette not earlier than three months, and not later than two months, before the date of the publication or subsequent publication, as the case may be, of the new work and: (a) stating the name, and the address of the place of residence
or business, of the person intending to publish the new
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work and the intention of that person to publish the new work;
(b) stating the title (if any) of the old work and, if that title is not sufficient to enable that work to be identified, containing a description of that work that is sufficient for that purpose;
(c) stating the time, or an estimate of the time, when the old work was made or the period, or an estimate of the period, over which the making of the old work extended, as the case may be;
(d) if the name of the author of the old work is known to the person intending to publish the new work — stating the name of that author;
(e) stating the name and address of the library or other place in which a copy, or the manuscript, of the old work is kept;
(f) stating the name of the person from whom the copy or manuscript of the old work was acquired for the purposes of that library or other place or, if the person intending to publish the new work does not know the name of the person from whom the copy or manuscript was acquired for those purposes, stating that fact;
(g) stating that a person claiming to be the owner of the copyright in the old work may give notice of his claim to the person intending to publish the new work; and
(h) stating, at the foot of the notice, the name of the person by whom the notice is given.
6 Countries in relation to which Division 6 of Part III of the Act applies
(1) For the purposes of subparagraphs (iii) and (iv) of paragraph (a) of subsection (1) of section 55, and subparagraphs (iii) and (iv) of paragraph (d) of subsection (1) of section 59, of the Act, Division 6 of Part III of the Act applies in relation to each country that constitutes, or forms part of, the territory of a Country specified in Schedule 8 to these Regulations.
(2) For the purposes of the last preceding subregulation:
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(a) the overseas Departments and Territories of France shall be deemed to form part of the territory of France;
(ba) the Netherlands Antilles shall be deemed to form part of the territory of the Netherlands;
(c) the Cook Islands (including Niue) and the Tokelau Islands shall be deemed to form part of the territory of New Zealand;
(d) the overseas Provinces of Portugal shall be deemed to form part of the territory of Portugal;
(e) the Channel Islands, the Isle of Man and the colonies of, and states associated with, the United Kingdom of Great Britain and Northern Ireland shall be deemed to form part of the territory of the United Kingdom of Great Britain and Northern Ireland; and
(f) the Commonwealth of Puerto Rico, Guam and the Virgin Islands of the United States of America shall be deemed to form part of the territory of the United States of America.
7 Notice of intended making of record of musical work (1) For the purposes of paragraph (b) of subsection (1) of
section 55 of the Act, the prescribed notice of the intended making of a record of a musical work is a written notice given in accordance with this regulation by the person intending to make the record.
(2) Subject to the next two succeeding subregulations, if the owner of the copyright in the musical work resides or carries on business in Australia, the notice shall be given by service of the notice on the owner.
(3) Subject to the next succeeding subregulation, if the owner of the copyright in the musical work has appointed a person residing or carrying on business in Australia as his agent for the purpose of receiving notices under section 55 of the Act, the notice may be given by service of the notice on the agent.
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(4) If the person intending to make the record does not know the name, or an address for service in Australia, of the owner of the copyright in the musical work or of a person appointed by the owner as his agent for the purpose of receiving notices under section 55 of the Act, the notice shall be given by publication of the notice in the Gazette and, if the notice does not include the information referred to in subregulation (6) of this regulation and the owner or his agent makes an application in accordance with subregulation (8) of this regulation, by the furnishing of that information to the owner or agent.
(5) The notice shall: (a) state that a person specified in the notice intends to make
in Australia a record of the musical work or of part of the musical work;
(b) state the address of the place of residence or business of the person intending to make the record;
(c) state the title, if any, of the work and, if that title is not sufficient to enable the work to be identified, contain a description of the work that is sufficient to enable the work to be identified;
(d) if the record is to comprise a performance of the work in which words are sung, or are spoken incidentally to or in association with the music — state that fact; and
(e) if the identity of the author of the work is known to the person intending to make the record — state the name of the author.
(6) Where the notice is given in accordance with subregulation (2) or subregulation (3) of this regulation, the notice shall, and, where the notice is given in accordance with subregulation (4) of this regulation, the notice may, also: (a) set out any particulars known to the person intending to
make the record that are necessary to enable the owner of the copyright to identify such a previous record of the musical work as is referred to in paragraph (a) of subsection (1) of section 55 of the Act;
(b) state whether the record that is intended to be made is to be a disc, tape, paper or other device;
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(c) state the trade description that is intended to be placed on the label of the record and the proposed trade prefix and catalogue number of the record;
(d) state the date on which it is proposed to offer or expose the record for sale to the public in Australia;
(e) state the proposed selling price to the public of the record; and
(f) state the amount of the royalty that the person intending to make the record estimates will be payable to the owner of the copyright in respect of the record.
(7) Where the notice is given in accordance with subregulation (4) of this regulation and the notice published in the Gazette does not contain the information referred to in the last preceding subregulation, the notice shall also state the address of a place in Australia at which that information may be obtained.
(8) Upon personal or written application at the address specified in a notice referred to in the last preceding subregulation by the owner of the copyright in the musical work or a person appointed by him as his agent for the purpose of making such an application, the person intending to make the record shall, unless the information referred to in subregulation (6) of this regulation was included in the notice, furnish that information to the owner or agent.
8 Payment of royalty by manufacturer of records of musical works Where sub-subparagraph 55 (1) (d) (ii) (B) of the Act applies, the prescribed royalty, within the meaning of section 55 of the Act, is to be paid in accordance with regulations 9 to 14, inclusive, of these regulations.
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9 Payment of royalty by affixing adhesive labels (1) Where the owner of the copyright in a musical work makes
available, for purchase by manufacturers of records of that work, adhesive labels of a kind referred to in this regulation, the affixing to, or to the container of, a record of that work in accordance with this regulation of an adhesive label or adhesive labels purchased from the owner of the copyright constitutes a manner of payment of the prescribed royalty in respect of the record.
(2) The label or labels shall be affixed to the record, or to the container of the record, before the record is sold or supplied by the manufacturer.
(3) Subject to any agreement to the contrary between the owner of the copyright and the manufacturer, the label or labels shall specify an amount that is, or amounts that in the aggregate are, equal to the royalty payable to the owner of the copyright in respect of the record of the work.
(4) A label shall be an adhesive paper label, square in shape, bearing a design enclosed with a circle and having a side of not more than one-half of one inch in length.
(5) A label: (a) shall not be in a form that resembles a postage stamp; and (b) shall not bear:
(i) an effigy of the sovereign or of any other person; or (ii) any word, mark or design of such a nature as to
suggest that the label was issued by, or under the authority of, the Commonwealth or a State for the purpose of specifying a tax payable to the Commonwealth or that State.
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10 Payment of royalty where owner of copyright fails to supply adhesive labels
(1) This regulation applies for the purposes of sub-subparagraph 55 (1) (d) (ii) (B) of the Act to the payment of a prescribed royalty by the manufacturer to the owner of the copyright in a musical work or musical works, other than an owner in relation to whom subregulation (1) of regulation 13 of these regulations applies at the time when the notice referred to in the next succeeding subregulation is served, but applies only in respect of a record of the work or works sold or supplied at a time when the next succeeding regulation does not apply as between those persons.
(2) Where: (a) the manufacturer serves notice in writing on the owner of
the copyright requesting him to make available for purchase by the manufacturer adhesive labels of a kind referred to in the last preceding regulation; and
(b) the owner of the copyright refuses or fails to make the labels available for purchase by the manufacturer within seven days after the notice is served on him;
the royalty payable by the manufacturer to the owner of the copyright in respect of records of the work or works sold or supplied by the manufacturer during the period ascertained in accordance with subregulation (4) of this regulation may be paid as provided by this regulation.
(3) Before the expiration of twenty-eight days after the period ascertained in accordance with the next succeeding subregulation, the manufacturer shall: (a) serve on the owner of the copyright a statement in writing
specifying the number of records sold or supplied by the manufacturer during that period that include a musical work or musical works the copyright in which is owned by the owner (other than any records in respect of which royalties have already been paid to the owner otherwise than in pursuance of this regulation) and specifying, in relation to each such record: (i) the title (if any) of the musical work or of each of
the musical works and a description of the work or
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of each of the works that is sufficient to enable the work to be identified;
(ii) whether, in the performance of the musical work or musical works, words consisting or forming part of a literary or dramatic work in which copyright subsists are sung, or are spoken incidentally to or in association with the music;
(iii) whether the record also includes any musical works in which copyright does not subsist and, if so, the number of those works;
(iv) whether the record also includes any musical works the copyright in which is owned by other persons and, if so, the number of those works;
(v) the selling price to the public of the record; and (vi) the amount considered by the manufacturer to be the
amount of the royalty payable to the owner in respect of the record; and
(b) pay to the owner of the copyright the amount of the royalties payable in respect of records sold or supplied by the manufacturer during that period.
(4) The period referred to in the last two preceding subregulations is the period commencing immediately after the date of service of the notice referred to in paragraph (a) of subregulation (2) of this regulation and ending at the expiration of three months after that date or at the time when the next succeeding regulation commences to apply as between the manufacturer and the owner of the copyright, whichever first happens.
11 Deposit of moneys by manufacturer of records with owner of copyright in musical work
(1) For the purposes of sub-subparagraph 55 (1) (d) (ii) (B) of the Act, the prescribed royalty payable to the owner of the copyright in a musical work, other than an owner in relation to whom subregulation (1) of regulation 13 of these Regulations applies, in respect of a record of that work may be paid as provided by this regulation.
(2) For the purposes of this regulation:
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(a) an accounting period, in relation to the owner of the copyright and the manufacturer, is: (i) the period of one month, or such longer period as is
agreed between those persons, immediately following the date on and from which a deposit made by the manufacturer with the owner under the next succeeding subregulation has effect; or
(ii) a period of one month, or such longer period as is agreed between those persons, immediately following the expiration of the period ascertained in accordance with the last preceding subparagraph or immediately following the expiration of a period that is an accounting period in relation to those persons by virtue of a previous application of this subparagraph;
(b) the period of grace, in relation to a period that is an accounting period in relation to the owner of the copyright and the manufacturer, is the period of twenty-eight days, or such other period as is agreed between those persons, immediately following the expiration of that accounting period; and
(c) a prescribed day, in relation to the owner of the copyright and the manufacturer, is any of the following days: (i) the last day of the period of six months immediately
following the date on and from which the deposit made by the manufacturer with the owner under the next succeeding subregulation had effect;
(ii) an anniversary of the date on and from which that deposit had effect;
(iii) the last day of the period of six months immediately following such an anniversary.
(3) The manufacturer shall make a deposit with the owner of the copyright, with effect on and from the date of the deposit, or, if the manufacturer by notice in writing served on the owner at the time when the deposit is made specifies a later date, with effect on and from the date so specified, of such amount as is agreed between them or, in the absence of agreement, as is equal to the amount ascertained in accordance with the formula:
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C B×A
where: A is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year immediately preceding the date on and from which the deposit has effect; and B is the number of whole months included in the first period that is an accounting period in relation to the owner and the manufacturer; and C is the number of whole months of the year that are included in the period of one year immediately preceding the date on and from which the deposit has effect and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act by him or her to the owner.
(3A) The manufacturer must, subject to this regulation, maintain the amount, ascertained in accordance with the formula in subregulation (3), on deposit with the owner of the copyright.
(4) Where the amount of the deposit to be made under the last preceding subregulation is not agreed between the manufacturer and the owner of the copyright, this regulation does not apply as between those persons unless the manufacturer sold or supplied records of musical works, being records in respect of which royalties were paid or payable under the Act or the previous Act by him to the owner of the copyright, during at least three of the months of the year included in the period of one year immediately preceding the date on and from which the deposit would, but for this subregulation, have effect.
(5) The owner of the copyright: (a) shall lodge amounts deposited with him by the
manufacturer under this regulation in an account (in this regulation referred to as the account) in their joint names in a bank in Australia, being an account in which no other
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moneys are lodged and in which the amounts deposited bear interest;
(b) shall, forthwith after the expiration of each month of the year, cause a copy of the bank statement relating to the account to be sent to the manufacturer;
(c) shall, at intervals of not more than six months, pay to the manufacturer out of the account an amount equal to the interest on the amounts from time to time standing to the credit of the account that accrued since the account was opened or the last payment was made by him to the manufacturer under this paragraph, as the case may be; and
(d) shall not otherwise apply moneys standing to the credit of the account except as provided by the succeeding provisions of this regulation.
Penalty: One hundred dollars.
(6) Before the expiration of the period of grace in relation to an accounting period, the manufacturer shall: (a) serve on the owner of the copyright a statement in writing
specifying the number of records sold or supplied by the manufacturer during that accounting period that include a musical work or musical works the copyright in which is owned by the owner (other than any records in respect of which royalties have already been paid to the owner otherwise than in pursuance of this regulation) and specifying, in relation to each such record: (i) the title (if any) of the musical work or of each of
the musical works and a description of the work or of each of the works that is sufficient to enable the work to be identified;
(ii) whether, in the performance of the musical work or musical works, words consisting or forming part of a literary or dramatic work in which copyright subsists are sung, or are spoken incidentally to or in association with the music;
(iii) whether the record also includes any musical works in which copyright does not subsist and, if so, the number of those works;
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(iv) whether the record also includes any musical works the copyright in which is owned by other persons and, if so, the number of those works;
(v) the selling price to the public of the record; and (vi) the amount considered by the manufacturer to be the
amount of the royalty payable to the owner in respect of the record; and
(b) pay to the owner of the copyright the amount of the royalties payable in respect of records sold or supplied by the manufacturer during that accounting period.
(7) If, before the expiration of the period of grace in relation to an accounting period, the manufacturer does not pay to the owner of the copyright the amount of the royalties payable in respect of records sold or supplied by the manufacturer during that accounting period, the owner of the copyright may apply to his own use in respect of those royalties so much of the amount standing to the credit of the account as does not exceed the amount of those royalties.
(8) After each prescribed day in relation to the manufacturer and the owner of the copyright, the succeeding provisions of this regulation have effect.
(9) The amount to be maintained on deposit by the manufacturer with the owner after the expiration of twenty-eight days after a prescribed day is such amount as is agreed between them or, in the absence of agreement, as is equal to the amount ascertained in accordance with the formula:
C B×A
where: A is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year (in this subregulation referred to as the relevant period) immediately preceding that day; and
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B is the number of whole months included in the last period that was an accounting period in relation to the owner and the manufacturer and ended on or before that day; and C is the number of whole months of the year that are included in the relevant period and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act by him or her to the owner.
(10) If the amount standing to the credit of the account on a prescribed day exceeds the amount ascertained in accordance with the last preceding subregulation, the owner of the copyright shall pay an amount equal to the excess to the manufacturer out of the account before the expiration of twenty-eight days after that prescribed day and, if the amount is not so paid, the manufacturer may recover that amount in a court of competent jurisdiction from the owner as a debt due to the manufacturer.
(11) Where the amount to be maintained on deposit under subregulation (9) of this regulation after the expiration of twenty-eight days after a prescribed day is not agreed between the manufacturer and the owner of the copyright, this regulation ceases to apply as between those persons upon the expiration of that period unless the manufacturer sold or supplied records of musical works, being records in respect of which royalties were paid or payable under the Act or the previous Act by him to the owner of the copyright, during at least three of the months of the year included in the period of one year immediately preceding that prescribed day.
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(12) Where this regulation ceases to apply as between the manufacturer and the owner of the copyright by reason of the last preceding subregulation, the owner of the copyright shall, at the expiration of the period of grace in relation to the accounting period during which this regulation so ceased to apply, when the manufacturer has served a statement referred to in paragraph (a) of subregulation (6) of this regulation in relation to that accounting period, pay to the manufacturer so much of the amount standing to the credit of the account as does not exceed the amount of any royalties payable by the manufacturer to the owner in respect of records sold or supplied by the manufacturer during that accounting period or any previous accounting period and, if the amount is not so paid, the manufacturer may recover the amount in a court of competent jurisdiction from the owner as a debt due to the manufacturer.
(13) Nothing in the last two preceding subregulations prevents the manufacturer making a further deposit with the owner of the copyright in accordance with subregulation (3) of this regulation if this regulation again applies as between those persons.
12 Payment of royalty where owner of copyright cannot be found
(1) If the owner of the copyright in a musical work or musical works cannot be found by reasonable inquiry by the manufacturer of records of that work or those works, payment in respect of those records of that work or those works of the prescribed royalty referred to in sub-subparagraph 55 (1) (d) (ii) (B) of the Act is taken to be constituted by the manufacturer: (a) before the expiration of twenty-eight days after each
accounting period, depositing the amount of the royalties in respect of records sold or supplied during that accounting period in a bank account in which no other moneys are deposited except: (i) royalties payable in respect of other records of the
same work or works or of other works the copyright in which is owned by the owner;
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Regulation 12
Copyright Regulations 1969 23
(ii) royalties payable in respect of other works the owner of the copyright in which cannot be found by reasonable inquiry; or
(iii) royalties in relation to which the next succeeding regulation applies;
(b) subject to the next succeeding paragraph, maintaining each such amount on deposit in that account until the expiration of a period of six years from the date of making of the deposit; and
(c) if the owner of the copyright is found before the expiration of that period — within one month after the owner is found, paying to the owner the amount so maintained on deposit and serving on the owner or, if the owner is outside Australia, serving by post on the owner, a statement in relation to the records as provided by subregulation (3) of regulation 10 of these Regulations.
(2) For the purposes of this regulation, an accounting period, in relation to the owner of the copyright in a musical work or musical works and the manufacturer, is: (a) the period of three months immediately following:
(i) the date on which the manufacturer first sells or supplies a record of the work or of any of the works; or
(ii) if the manufacturer fixes an earlier date — that earlier date; or
(b) a period of three months immediately following the expiration of the period referred to in the last preceding paragraph or immediately following the expiration of a period that is an accounting period in relation to those persons by virtue of a previous application of this paragraph.
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Part 2 Copyright in original works
Regulation 13
24 Copyright Regulations 1969
13 Payment of royalties to certain overseas copyright owners
(1) Where the owner of the copyright in a musical work or musical works is known to the manufacturer but does not have a place of residence or business in Australia and has not appointed a person residing or carrying on business in Australia as his agent for the purpose of doing acts and things required or permitted to be done by owners of copyrights under these regulations, the royalties payable to the owner in respect of records of that work or those works may be paid as provided by this regulation.
(2) The manufacturer shall, before the expiration of twenty-eight days after each accounting period: (a) serve by post on the owner of the copyright a statement in
relation to the records sold or supplied by the manufacturer during that accounting period as provided by subregulation (3) of regulation 10 of these Regulations; and
(b) send to the owner of the copyright an amount equal to the amount of the royalties payable in respect of those records.
(3) If the owner of the copyright refuses or fails to accept payment of an amount in respect of any royalties, the prescribed royalty referred to in sub-subparagraph 55 (1) (d) (ii) (B) of the Act is taken to be constituted by the manufacturer: (a) depositing an amount equal to the amount of the royalties
forthwith after the refusal or failure in the bank account referred to in the last preceding regulation;
(b) serving by post on the owner of the copyright a notice informing him of the making of the deposit and requesting his instructions as to the manner in which the amount is to be paid;
(c) subject to the next succeeding paragraph, maintaining that amount on deposit in that account until the expiration of a period of six years from the date of making of the deposit; and
(d) if the owner of the copyright furnishes instructions before the expiration of that period as to the manner of payment of the amount, complying with those instructions.
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Regulation 14
Copyright Regulations 1969 25
(4) For the purposes of this regulation, an accounting period, in relation to the owner of the copyright in a musical work or musical works and the manufacturer, is: (a) the period of three months immediately following:
(i) the date on which the manufacturer first sells or supplies a record of the work or of any of the works; or
(ii) if the manufacturer fixes an earlier date — that earlier date; or
(b) a period of three months immediately following the expiration of the period referred to in the last preceding paragraph or immediately following the expiration of a period that is an accounting period in relation to those persons by virtue of a previous application of this paragraph.
14 Certification of statements (1) The correctness of a statement that is required to be served on
the owner of the copyright in a musical work in pursuance of paragraph (a) of subregulation (3) of regulation 10, paragraph (a) of subregulation (6) of regulation 11, paragraph (c) of subregulation (1) of regulation 12 or paragragh (a) of subregulation (2) of regulation 13 of these Regulations shall: (a) be certified in writing by an officer of the manufacturer
appointed for the purpose; and (b) if the owner of the copyright, by notice in writing served
on the manufacturer at least one month before the last day before which the statement is required to be served, so requests — be certified in writing by a person who is a registered company auditor under the law of a State or Territory of the Commonwealth, being a person agreed upon by the owner and the manufacturer or, in the absence of agreement, appointed by the manufacturer.
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Regulation 15
26 Copyright Regulations 1969
(2) A statement referred to in the last preceding subregulation that is served on the owner of the copyright shall be accompanied by the certificate given in relation to the statement in accordance with paragraph (a) of that subregulation and, if a certificate is required to be given in relation to the statement in accordance with paragraph (b) of that subregulation, shall also be accompanied by that last-mentioned certificate.
15 Prescribed period in relation to making of records of musical works For the purpose of subsection (3) of section 55 of the Act, the prescribed period is one month.
16 Inquiries in relation to previous records of musical works
(1) The inquiries for the purposes of section 61 of the Act shall be made in accordance with this regulation.
(2) The inquiries shall: (a) in relation to a record of a musical work to which the next
succeeding paragraph does not apply — be made of the owner of the copyright in the musical work; and
(b) in relation to a record of a musical work in which words consisting or forming part of a literary or dramatic work were sung or spoken — be made of the owner of the copyright in the musical work and of the owner of the copyright in the literary or dramatic work.
(3) The inquiries shall be in writing and shall: (a) state the name, and the address of the place of residence or
business, of the person making the inquiries; (b) state the title (if any) of the musical work, or of the literary
or dramatic work, as the case may be, and, if the title is not sufficient to enable the work to be identified, contain a description of the work sufficient for that purpose;
(c) if the identity of the author of the musical work, or of the literary or dramatic work, is known to the person making the inquiries — state the name of the author;
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Regulation 16
Copyright Regulations 1969 27
(d) if the inquiries relate to a particular record — contain sufficient information to enable the record to be identified; and
(e) inquire whether a record of the musical work, or of the musical work in which words consisting or forming part of the literary or dramatic work were sung or spoken, has previously been made in, or imported into, Australia by, or with the licence of, the owner of the copyright in the musical work or in the literary or dramatic work, as the case may be, for the purpose of retail sale or for use in making other records for the purpose of retail sale.
(4) Subject to the next two succeeding subregulations, if the owner of the copyright in the musical work or in the literary or dramatic work resides or carries on business in Australia, the inquiries of that owner shall be made by service of the instrument containing the inquiries on the owner.
(5) Subject to the next succeeding subregulation, if the owner of the copyright in the musical work or in the literary or dramatic work has appointed a person residing or carrying on business in Australia as his agent for the purpose of answering inquiries made under section 61 of the Act, the inquiries of that owner may be made by service of the instrument containing the inquiries on the agent.
(6) If a person wishing to make inquiries of the owner of the copyright in a musical work or in a literary or dramatic work does not know the name, or an address for service in Australia, of the owner or of a person appointed by the owner as his agent for the purpose of answering inquiries under section 61 of the Act, the inquiries of that owner shall be made by publishing the instrument containing the inquiries in the Gazette.
(7) For the purposes of paragraph (b) of section 61 of the Act, the prescribed period in relation to receiving an answer to inquiries is: (a) in the case of inquiries made by the personal delivery of
an instrument containing the inquiries — ten days after delivery of the instrument;
(b) in the case of inquiries made by sending such an instrument by post — ten days after the date when the
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Part 2 Copyright in original works
Regulation 17
28 Copyright Regulations 1969
instrument would be delivered in the ordinary course of post; and
(c) in the case of inquiries made by publication of such an instrument in the Gazette — ten days after the date of the Gazette in which the instrument is published.
17 Circumstances in which design is taken to be applied industrially
(1) For the purposes of section 77 of the Act, a design is taken to be applied industrially if it is applied: (a) to more than 50 articles; or (b) to one or more articles (other than hand-made articles)
manufactured in lengths or pieces.
(2) For the purposes of paragraph (1) (a), any 2 or more articles: (a) that are of the same general character; and (b) that are intended for use together; and (c) to which the same design, or substantially the same
design, is applied; are taken to constitute a single article.
(3) For the purposes of this regulation, a design is taken to be applied to an article if: (a) the design is applied to the article by a process (whether a
process of printing, embossing or otherwise); or (b) the design is reproduced on or in the article in the course
of the production of the article.
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Copyright in subject-matter other than works Part 3
Regulation 20
Copyright Regulations 1969 29
Part 3 Copyright in subject-matter other than works
17A Notice requirements — paragraph 104B (b) of the Act For paragraph 104B (b) of the Act: (a) the prescribed form is:
(i) in relation to a copy of a published edition of a work — the form set out in Schedule 3; and
(ii) in relation to a copy of an audio-visual item — the form set out in Schedule 9; and
(b) a notice must be 297 millimetres long and 210 millimetres wide.
18 Prescribed period in relation to public performance of recordings first published outside Australia For the purposes of paragraph (b) of subsection (1) of section 108 of the Act, the prescribed period is seven weeks.
19 Prescribed period in relation to broadcasts of recordings not published in Australia For the purposes of subsection (3) of section 109 of the Act, the prescribed period is seven weeks.
20 Destruction of copies — subsection 110C (3) of the Act
(1) This regulation applies in relation to a copy of a sound recording or cinematographic film that is made for the purpose of simulcasting the recording or film in digital form.
(2) For subsection 110C (3) of the Act, the relevant date in relation to the copy is 12 months after the end of the relevant simulcast period that, in accordance with the Broadcasting Services Act 1992, is applicable in relation to the broadcasting service that delivers the simulcast.
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Regulation 21
30 Copyright Regulations 1969
Part 4 Remedies for infringements of copyright
21 Restriction of importation into Australia of copyright material
(1) A person who, under subsection 135 (2) of the Act, has given a notice to the CEO objecting to the importation of copies of copyright material must, as and when required by the CEO, give to the CEO any information and evidence the CEO requires in order to be satisfied about: (a) the subsistence of copyright in the material; and (b) the ownership of the copyright; and (c) if the notice is given by a person as an agent for the owner
of the copyright — the authority of the person to give the notice.
(2) In this regulation, CEO has the same meaning as in Division 7 of Part V of the Act.
22 Notice of seizure — specified period for beginning action for infringement of copyright For subparagraph 135AC (2) (c) (i) of the Act, the specified period is 10 working days.
22A Notice of seizure — prescribed period for extension of retention period For the purposes of subsection 135AC (6) of the Act, the prescribed period is 10 working days after the end of the retention period mentioned in the subsection.
23 Restriction of importation into Norfolk Island of printed copies of works
(1) In this regulation:
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Regulation 23
Copyright Regulations 1969 31
(a) a reference to the Territory is a reference to Norfolk Island; and
(b) a reference to importation into the Territory does not include importation from Australia or from another Territory not forming part of the Commonwealth.
(2) The owner of the copyright in a published literary, dramatic or musical work may give notice in writing to the Collector of Customs of the Territory (in this regulation referred to as the Collector) stating: (a) that he is the owner of the copyright in the work; and (b) that he objects to the importation into the Territory, during
a period specified in the notice, of copies of the work to which this regulation applies.
(3) A notice under the last preceding subregulation is of no effect unless the period specified in the notice does not exceed five years and does not extend beyond the end of the period for which the copyright in the work to which the notice relates is to subsist.
(4) For the purposes of subregulation (2), a notice to the Collector shall be in accordance with Schedule 11.
(5) The owner of the copyright in a work may appoint another person to act as his agent for the purpose of the giving of a notice by the owner under subregulation (2) of this regulation.
(6) This regulation applies, in relation to a work, to any printed copy of the work made outside Australia and the Territories of the Commonwealth not forming part of the Commonwealth the making of which would, if it had been made in the Territory by the person who imported it into the Territory, have constituted an infringement of the copyright in the work.
(7) Where a notice has been given under subregulation (2) of this regulation in respect of a work and has not been withdrawn, the importation of copies of the work to which this regulation applies into the Territory for the purpose of: (a) selling, letting for hire, or by way of trade offering or
exposing for sale or hire, the copies; (b) distributing the copies:
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32 Copyright Regulations 1969
(i) for the purpose of trade; or (ii) for any other purpose to an extent that will affect
prejudicially the owner of the copyright in the work; or
(c) by way of trade exhibiting the copies in public; is prohibited and any such copies, if imported into the Territory for any such purpose, may, subject to this regulation, be seized as forfeited to the Administration of the Territory.
(8) The Collector, or on appeal from him the Administrator of the Territory, may direct that copies of a work that are liable to be or have been seized as forfeited under this regulation be delivered to the owner or importer if security has been given to the satisfaction of the Collector that the copies will be forthwith exported from the Territory.
(9) A person who has given a notice to the Collector in relation to a work under subregulation (2) of this regulation shall, as and when required by the Collector, give to the Collector such information and evidence as the Collector requires for the purpose of enabling him to satisfy himself as to the subsistence of copyright in the work, as to the ownership of that copyright and, where the notice was given by a person as agent for the owner of the copyright as to the authority of the person to give the notice.
(10) The Collector may from time to time require a person who has given a notice in relation to a work under subregulation (2) of this regulation to give to the Collector security (whether by way of deposit of money, of an instrument of guarantee or otherwise), as the Collector specifies, in respect of any liability or expense that may be incurred by the Collector as a result of the seizure of any copy of the work.
(11) A person who has given a notice to the Collector in relation to a work under subregulation (2) of this regulation is liable to indemnify the Collector against any liability or expense that may be incurred by the Collector as a result of the seizure of any copy of the work to the extent to which any security given by the person to the Collector in respect of that liability or expense is insufficient.
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Regulation 23
Copyright Regulations 1969 33
(12) Where a person who gave a notice under subregulation (2) of this regulation has failed to comply with any requirement by the Collector under this regulation or has failed to indemnify the Collector against a liability or expense as provided by the last preceding subregulation, the Collector may direct that copies imported into the Territory of a work to which the notice relates are not to be seized as forfeited.
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Part 5 Copying and communication of broadcasts by educational and other
Regulation 23A
34 Copyright Regulations 1969
Part 5 Copying and communication of broadcasts by educational and other institutions
23A Definitions For this Part, administering body, collecting society, institution, relevant copyright owner and rules have the same meaning as in Part VA of the Act.
23B Marking of copies etc — paragraph 135K (1) (a) of the Act
(1) For the purposes of paragraph 135K (1) (a) of the Act, the administering body must mark, or cause to be marked, each copy, or any container in which such copy is kept, in the following way, namely, by specifying, in relation to the copy, or, where a container is marked, in relation to each copy contained in the container: (a) the following particulars:
(i) the name of the institution for which the administering body made the copy or caused it to be made;
(ii) a reference to Part VA of the Act; (iii) the day on which the broadcast that was copied
commenced; (iv) where the copy was made on a day other than the
day on which the broadcast commenced — the day on which the copy of that broadcast was made; or
(b) the relevant identifying number of the copy; or (c) where particulars other than the particulars referred to in
paragraph (a) have been agreed upon between the administering body and the collecting society — those other particulars.
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Regulation 23C
Copyright Regulations 1969 35
(2) In this regulation, relevant identifying number, in relation to each copy made by, or on behalf of, an administering body for an institution, means the number or other reference code used by the body that will enable the collecting society conveniently to: (a) identify the institution; and (b) locate, in relation to each such copy made, a copy of the
copying record made by the body, being a record made, or caused to be made, under paragraph 135K (1) (b) of the Act.
23C Contents of record — paragraph 135K (1) (b) of the Act For paragraph 135K (1) (b) of the Act, a record must contain the following particulars: (a) the name of the institution for which the administering
body: (i) made the copy or caused the copy to be made; or
(ii) communicated the copy or caused the copy to be communicated;
(b) the Part of the Act in reliance on which the copying or communication was carried out;
(c) in relation to the making of a copy, the day on which the copy was made;
(d) in relation to the communication of a copy of a broadcast, the day on which the copy was first communicated;
(e) in relation to copies of broadcasts that are taken, under subsection 135H (3) of the Act, to have been copied or communicated again, the day on which they were taken to have been copied or communicated again;
(f) the title, or other identification, of the program, or of each of the programs, included in the broadcast that was copied or communicated;
(g) the name or call sign of the broadcaster who made the broadcast;
(h) the day on which, and the time at which, the broadcast commenced;
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Regulation 23D
36 Copyright Regulations 1969
(i) the number of copies of the broadcast made by the administering body;
(j) the number of times a copy of the broadcast was communicated by the administering body.
23D Prescribed retention period — paragraph 135K (1) (c) of the Act For the purposes of paragraph 135K (1) (c) of the Act, a retention period of 2 years is prescribed.
23E Sending of copies of records — paragraph 135K (1) (d) of the Act
(1) This regulation applies to all records that relate to any copying of, or communication of a copy of, a broadcast carried out, or taken, under subsection 135H (3) of the Act, to have been carried out by, or on behalf of, the administering body in a quarter.
(2) Copies of records that are to be sent to the collecting society under paragraph 135K (1) (d) of the Act must be sent by registered or certified mail, or otherwise as agreed between the administering body and the collecting society, not later than 21 days after the end of the quarter.
(3) In this regulation: quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.
23F Prescribed manner of keeping records — paragraph 135K (2) (a) of the Act For the purposes of paragraph 135K (2) (a) of the Act, a record of the copying of a broadcast may be kept in any manner that permits the information in the record to be elicited by the use of a computer.
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Regulation 23HA
Copyright Regulations 1969 37
23G Form of record — paragraph 135K (2) (b) of the Act For paragraph 135K (2) (b) of the Act, the prescribed form: (a) in relation to a record of the copying of a broadcast — is
the form set out in Schedule 11AA; and (b) in relation to a record of the communication of a copy of a
broadcast — is the form set out in Schedule 11AB.
23H Marking of copies etc — subsection 135K (3) of the Act For the purposes of subsection 135K (3) of the Act, the administering body must mark, or cause to be marked, each copy, or any container in which such copy is kept, in the following way, namely, by specifying, in relation to the copy, or, where a container is marked, in relation to each copy contained in the container: (a) the particulars referred to in paragraph 23B (1) (a); or (b) where other particulars have been agreed upon between
the administering body and the collecting society — those other particulars.
23HA Prescribed circumstances — section 135KA of the Act An administering body is not required to comply with the requirements of section 135KA of the Act in respect of the communication of copies of broadcasts in either of the following circumstances: (a) if the communication is made within the premises of an
educational institution administered by the body in such a manner that persons receiving or accessing the communication cannot, by any means provided by the educational institution: (i) make an electronic copy of the broadcast, or any
work or other subject matter comprised in the broadcast; or
(ii) communicate the broadcast, or any work or subject matter comprised in the broadcast;
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Regulation 23HB
38 Copyright Regulations 1969
(b) in other circumstances agreed between the body and the collecting society.
23HB Notice requirements — paragraph 135KA (a) of the Act A notice under paragraph 135KA (a) of the Act must be in the form set out in Schedule 11AC.
23J Prescribed provisions — paragraph 135P (3) (d) of the Act
(1) For the purposes of paragraph 135P (3) (d) of the Act, in relation to the rules of the collecting society, the following provisions are prescribed, namely: (a) that accounting periods be determined, in accordance with
the rules, by the collecting society for accounting purposes and that no such period extend beyond 30 June in any year;
(b) that a consistent practice be followed with regard to attributing the receipts and expenditure of the collecting society to a particular accounting period;
(c) that the collecting society exercise reasonable diligence in the collection of amounts of equitable remuneration, having regard to the expenses likely to be incurred in the collection of such amounts;
(d) that the total amount of any gifts for cultural or benevolent purposes made by the collecting society in respect of any accounting period be an amount not exceeding such percentage of the total amount of equitable remuneration received by the society in respect of that period as is specified in the rules;
(e) that the administrative costs and other outgoings of the collecting society paid by the society out of the amounts of equitable remuneration collected by it be reasonable;
(f) that the distributable amount, in respect of each accounting period of the collecting society, be allocated in accordance with a scheme of allocation (in this regulation called the scheme) that: (i) is determined in accordance with the rules; and
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Regulation 23J
Copyright Regulations 1969 39
(ii) includes criteria for allocation that are specified in the rules; and
(iii) provides for the allocation of potential shares in the distributable amount to qualified persons;
(g) that, in relation to each potential share in the distributable amount allocated in accordance with the scheme of the collecting society, an amount representing that potential share: (i) where the qualified person to whom that share was
allocated is, at the time of the allocation, a member of the society — be distributed, as soon as is reasonably possible after the allocation, to that qualified person; or
(ii) where the qualified person to whom that share was allocated is not, at the time of the allocation, a member of the society: (A) be paid, as soon as is reasonably possible
after the allocation, into a trust fund operated by the society for purposes referred to in paragraph (h); and
(B) subject to sub-subparagraph (C), be held in that fund in accordance with the rules of the society; and
(C) if the qualified person, or that person’s agent, becomes a member while the amount representing that person’s potential share is held in the trust fund — be distributed to that person or that person’s agent, whichever first becomes the member, as soon as is reasonably possible after that person, or that person’s agent, as the case may be, becomes a member;
(h) that a trust fund be operated by the collecting society for purposes that include the holding on trust for any relevant copyright owner who is not a member of the society, and whose agent is not a member, of any potential share allocated to that owner in accordance with the scheme;
(i) that any part of a distributable amount, being a part that, in relation to an accounting period, cannot for any reason be
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Regulation 23J
40 Copyright Regulations 1969
allocated or distributed, be held on trust in the trust fund referred to in paragraph (h) until distribution becomes possible or until the end of a specified period of not less than 4 years, whichever happens first;
(j) that a member of the collecting society, including a member who is a relevant copyright owner or the agent of a relevant copyright owner, be entitled to reasonable access to the records of the society.
(2) In this regulation: distributable amount, in relation to an accounting period of the collecting society, means the amount of equitable remuneration received by the society that is: (a) attributable to that period (in accordance with the practice
of the society); or (b) otherwise available for distribution; after the payment or reservation, out of that amount, of: (c) amounts attributable to that period, including:
(i) gifts made by the society; and (ii) administrative costs and other outgoings of the
society; and (d) amounts to be carried forward, in accordance with the
rules of the society, to the next accounting period. equitable remuneration means the equitable remuneration payable by administering bodies under section 135H or 135J of the Act. potential share, in relation to a distributable amount, means a share in that amount in relation to which share the distribution of an amount representing that share will take place in the circumstances referred to in subparagraph (1) (g) (i) or (ii). qualified person, in relation to a collecting society, means: (a) a member of the collecting society who is a relevant
copyright owner or the agent of a relevant copyright owner; or
(b) a relevant copyright owner who is not a member of the collecting society and whose agent, if any, is not a member.
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Reproduction and communication of works etc by educational and other Part 5A
Regulation 23JC
Copyright Regulations 1969 41
Part 5A Reproduction and communication of works etc by educational and other institutions
23JA Interpretation For the purposes of this Part, administering body, collecting society, eligible item, institution, licensed copy, relevant collecting society, relevant copyright owner, remuneration notice and rules have the same meaning respectively as in Part VB of the Act.
23JB Prescribed message — subsection 135ZQ (3) of the Act For the purposes of subsection 135ZQ (3) of the Act, the following message is prescribed, namely, a message to the following effect:
“This is a sound recording made on (day on which the recording was made) in reliance on section 135ZQ of the Copyright Act 1968 that is to be destroyed, in accordance with that section, not later than 3 months after the day on which it was made.”
23JC Marking of relevant reproductions — subsection 135ZQ (4) of the Act
(1) For the purposes of subsection 135ZQ (4) of the Act, the administering body must mark, or cause to be marked, each relevant reproduction in hardcopy form in the following way, namely, by specifying on the reproduction: (a) where particulars have been agreed upon between the
administering body and the collecting society — those particulars; and
(b) in any other case:
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Regulation 23JD
42 Copyright Regulations 1969
(i) the following particulars: (A) the name of the institution for which the
administering body made the reproduction or caused it to be made;
(B) a reference to section 135ZQ of the Act; (C) the day on which the reproduction was made;
and (ii) that the reproduction is to be destroyed not later than
3 months after the day on which it was made.
23JD Prescribed message — subsection 135ZT (3) of the Act For the purposes of subsection 135ZT (3) of the Act, the following message is prescribed, namely, a message to the following effect:
“This is a sound recording made on (day on which the recording was made) in reliance on section 135ZT of the Copyright Act 1968, that is to be destroyed, in accordance with that section, not later than 3 months after the day on which it was made.”
23JE Marking of copies — subsection 135ZT (4) of the Act For the purposes of subsection 135ZT (4) of the Act, the administering body must mark, or cause to be marked, each copy, in hardcopy or analog form, in the following way, namely, by specifying on the copy: (a) where particulars have been agreed upon between the
administering body and the collecting society — those particulars; and
(b) in any other case: (i) the following particulars:
(A) the name of the institution for which the administering body made the copy or caused it to be made;
(B) a reference to section 135ZT of the Act; (C) the day on which the copy was made; and
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Regulation 23JF
Copyright Regulations 1969 43
(ii) that the copy is to be destroyed not later than 3 months after the day on which it was made.
23JF Marking of licensed copies etc — paragraph 135ZX (1) (a) of the Act
(1) For the purposes of paragraph 135ZX (1) (a) of the Act, the administering body must mark, or cause to be marked, each licensed copy made in hardcopy form or analog form, or any container in which such copy is kept, by specifying on the copy, or on the container in relation to each copy contained in the container: (a) the following particulars:
(i) the name of the institution for which the administering body made the copy or caused it to be made;
(ii) a reference to the section of the Act in reliance on which the copy was made;
(iii) the day on which the copy was made; or (b) the relevant identifying number of the licensed copy; or (c) where a remuneration notice has been given and
particulars other than the particulars referred to in paragraph (a) have been agreed upon between the administering body and the relevant collecting society — those other particulars.
(2) In this regulation, relevant identifying number, in relation to each licensed copy made in hardcopy form or analog form by, or on behalf of, an administering body for an institution, while a remuneration notice is in force, means the number or other reference code used by the body that will enable the relevant collecting society conveniently to: (a) identify the institution; and (b) locate, in relation to each such copy made, a copy of the
copying record made by the body, being a record made, or caused to be made, under paragraph 135ZX (1) (b) of the Act.
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Regulation 23JG
44 Copyright Regulations 1969
23JG Prescribed particulars — paragraph 135ZX (1) (b) of the Act
(1) For the purposes of paragraph 135ZX (1) (b) of the Act, the following particulars are prescribed in relation to the making of a licensed copy, in hardcopy form or analog form, of the whole or a part of an article contained in a periodical publication: (a) the name of the institution for which the administering
body made the licensed copy or caused the copy to be made;
(b) the section of the Act in reliance on which the making of that copy was carried out;
(c) the day on which the making of that copy was carried out; (d) the full name or the surname and initials of the author of
the article (if that name is known); (e) the name of that periodical publication; (f) the International Standard Serial Number of that periodical
publication; (g) the name of the publisher of the issue of the periodical
publication containing the article; (h) the volume and number, if any, or the date of publication,
or other identification, of the issue of the periodical publication containing the article;
(i) the number of pages copied; (j) the number of copies made of each page copied; (k) where the licensed copy, not being a reprographic
reproduction, was in the form of: (i) a record embodying a sound recording of the whole
or a part of the article; or (ii) a Braille version, a large-print version, or a
photographic version, of the whole or a part of the article;
a reference to that form.
(2) For the purposes of paragraph 135ZX (1) (b) of the Act, the following particulars are prescribed in relation to the making of a licensed copy, in hardcopy form or analog form, of the whole or a part of a work, not being an article contained in a periodical publication:
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Regulation 23JG
Copyright Regulations 1969 45
(a) the name of the institution for which the administering body made the licensed copy or caused the copy to be made;
(b) the section of the Act in reliance on which the making of that copy was carried out;
(c) the day on which the making of that copy was carried out; (d) the full name, or the surname and initials, of the author of
the work (if that name is known); (e) the title or other identification of the work; (f) the International Standard Book Number of the published
edition containing the work; (g) the name of the publisher of the edition containing the
work; (h) the year of publication of that edition; (i) the number of pages copied; (j) the number of copies made of each page copied; (k) where the licensed copy, not being a reprographic
reproduction, was in the form of: (i) a record embodying a sound recording of the whole
or a part of the work; or (ii) a Braille version, a large-print version, or a
photographic version, of the whole or a part of the work;
a reference to that form.
(3) For the purposes of paragraph 135ZX (1) (b) of the Act, the following particulars are prescribed in relation to the making of a licensed copy, in hardcopy form or analog form, of an eligible item, being a published sound recording or cinematograph film: (a) the name of the institution for which the administering
body made the licensed copy or caused it to be made; (b) the section of the Act in reliance on which the making of
the licensed copy was carried out; (c) the day on which the making of that copy was carried out; (d) the title of the recording or film, as the case may be, or
other identification of the recording or film; (e) the number of copies made of the recording or film;
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Regulation 23JH
46 Copyright Regulations 1969
(f) the form in which the copies were made, being a record embodying a sound recording or a copy of a cinematograph film.
23JH Prescribed retention period — paragraph 135ZX (1) (c) of the Act For the purposes of paragraph 135ZX (1) (c) of the Act, a retention period of 2 years is prescribed.
23JJ Sending of copies of records — paragraph 135ZX (1) (d) of the Act Copies of all records that relate to the making of licensed copies, in hardcopy form or analog form, carried out by, or on behalf of, the administering body during a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year (being copies that are to be sent to the collecting society under paragraph 135ZX (1) (d) of the Act) must be sent by registered or certified mail, or otherwise as agreed between the administering body and the collecting society, not later than 21 days after the end of that 3 month period.
23JK Prescribed manner of keeping records — paragraph 135ZX (2) (a) of the Act For the purposes of paragraph 135ZX (2) (a) of the Act, a record of the making of a licensed copy, in hardcopy form or analog form, may be kept in any manner that permits the information in the record to be elicited by the use of a computer.
23JL Prescribed form — paragraph 135ZX (2) (b) of the Act For the purposes of paragraph 135ZX (2) (b) of the Act, the form in Schedule 11A is prescribed.
23JLA Notice requirements — paragraph 135ZXA (a) of the Act A notice under paragraph 135ZXA (a) of the Act must be in the form set out in Schedule 11B.
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Regulation 23JM
Copyright Regulations 1969 47
23JM Prescribed provisions — paragraph 135ZZB (3) (d) of the Act
(1) For the purposes of paragraph 135ZZB (3) (d) of the Act, in relation to the rules of a collecting society that is declared, under subsection 135ZZB (1) of the Act, to be the collecting society for all relevant copyright owners, or for such classes of relevant copyright owners as are specified in the notice referred to in subsection 135ZZB (1), the following provisions are prescribed, namely: (a) that accounting periods be determined, in accordance with
the rules, by the collecting society for accounting purposes and that no such period extend beyond 30 June in any year;
(b) that a consistent practice be followed with regard to attributing the receipts and expenditure of the collecting society to a particular accounting period;
(c) that the collecting society exercise reasonable diligence in the collection of amounts of equitable remuneration, having regard to the expenses likely to be incurred in the collection of such amounts;
(d) that the total amount of any gifts for cultural or benevolent purposes made by the collecting society in respect of any accounting period be an amount not exceeding such percentage of the total amount of equitable remuneration received by the society in respect of that period as is specified in the rules;
(e) that the administrative costs and other outgoings of the collecting society paid by the society out of the amounts of equitable remuneration collected by it be reasonable;
(f) that the distributable amount, in respect of each accounting period of the collecting society, be allocated in accordance with a scheme of allocation (in this regulation called the scheme) that: (i) is determined in accordance with the rules; and
(ii) includes criteria for allocation that are specified in the rules; and
(iii) provides for the allocation of potential shares in the distributable amount to qualified persons;
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Regulation 23JM
48 Copyright Regulations 1969
(g) that, in relation to each potential share in the distributable amount allocated in accordance with the scheme of the collecting society, an amount representing that potential share: (i) where the qualified person to whom that share was
allocated is, at the time of the allocation, a member of the society — be distributed, as soon as is reasonably possible after the allocation, to that qualified person; or
(ii) where the qualified person to whom that share was allocated is not, at the time of the allocation, a member of the society: (A) be paid, as soon as is reasonably possible
after the allocation, into a trust fund operated by the society for purposes referred to in paragraph (h); and
(B) subject to sub-subparagraph (C), be held in that fund in accordance with the rules of the society; and
(C) if the qualified person, or that person’s agent, becomes a member while the amount representing that person’s potential share is held in the trust fund — be distributed to that person or that person’s agent, whichever first becomes the member, as soon as is reasonably possible after that person, or that person’s agent, as the case may be, becomes a member;
(h) that a trust fund be operated by the collecting society for purposes that include the holding on trust for any relevant copyright owner who is not a member of the society, and whose agent is not a member, of any potential share allocated to that owner in accordance with the scheme;
(i) that any part of a distributable amount, being a part that, in relation to an accounting period, cannot for any reason be allocated or distributed, be held on trust in the trust fund referred to in paragraph (h) until distribution becomes possible or until the end of a specified period of not less than 4 years, whichever happens first;
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Regulation 23JM
Copyright Regulations 1969 49
(j) that a member of the collecting society, including a member who is a relevant copyright owner or the agent of a relevant copyright owner, be entitled to reasonable access to the records of the society.
(2) In this regulation: distributable amount, in relation to an accounting period of the collecting society, means the amount of equitable remuneration received by the society that is: (a) attributable to that period (in accordance with the practice
of the society); or (b) otherwise available for distribution; after the payment or reservation, out of that amount, of: (c) amounts attributable to that period, including:
(i) gifts made by the society; and (ii) administrative costs and other outgoings of the
society; and (d) amounts to be carried forward, in accordance with the
rules of the society, to the next accounting period. equitable remuneration means the equitable remuneration payable by administrative bodies under section 135ZV or 135ZW of the Act. potential share in relation to a distributable amount, means a share in that amount in relation to which share the distribution of an amount representing that share will take place in the circumstances referred to in subparagraph (1) (g) (i) or (ii). qualified person, in relation to a collecting society, means: (a) a member of the collecting society who is a relevant
copyright owner or the agent of a relevant copyright owner; or
(b) a relevant copyright owner who is not a member of the collecting society and whose agent, if any, is not a member.
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Part 6 Retransmission of free-to-air broadcasts
Regulation 23K
50 Copyright Regulations 1969
Part 6 Retransmission of free-to-air broadcasts
23K Identity cards — subsection 135ZZQ (1) of the Act (1) For subsection 135ZZQ (1) of the Act, an identity card must:
(a) set out the following information: (i) the name of the collecting society;
(ii) the name and title of the person to whom the identity card is issued;
(iii) the name and title of the person who issued the identity card;
(iv) the date on which the identity card is issued; (v) the date on which the identity card will expire; and
(b) state that it has been issued under section 135ZZQ of the Act; and
(c) be signed by the person to whom it is issued.
(2) The expiry date stated on an identity card under subparagraph (1) (a) (v) must be no later than 3 years after the day on which the identity card is issued.
23L Rules of a collecting society — paragraph 135ZZT (3) (d) of the Act
(1) For paragraph 135ZZT (3) (d) of the Act, the rules of a collecting society must contain the following provisions: (a) that accounting periods must be determined, in accordance
with the rules, by the collecting society for accounting purposes and that no accounting period may extend beyond 30 June in any year;
(b) that a consistent practice must be followed with regard to attributing the receipts and expenditure of the collecting society to a particular accounting period;
(c) that the collecting society must exercise reasonable diligence in the collection of amounts of equitable
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Regulation 23L
Copyright Regulations 1969 51
remuneration, having regard to the expenses likely to be incurred in the collection of such amounts;
(d) that the total amount of any gifts for cultural or benevolent purposes made by the collecting society in respect of any accounting period must not exceed such percentage of the total amount of equitable remuneration received by the society for that accounting period as is specified in the rules;
(e) that the administrative costs and other outgoings of the collecting society paid by the society out of the amounts of equitable remuneration collected by it must be reasonable;
(f) that the distributable amount, in respect of each accounting period of the collecting society, must be allocated in accordance with a scheme of allocation (the scheme) that: (i) is determined in accordance with the rules; and
(ii) includes criteria for allocation that are specified in the rules; and
(iii) provides for the allocation of potential shares in the distributable amount to qualified persons;
(g) that, in relation to each potential share in the distributable amount allocated to a qualified person in accordance with the scheme of the collecting society, an amount representing the share: (i) if the qualified person is, at the time of allocation, a
member of the society — must be paid, as soon as is reasonably possible after the allocation, to the qualified person; or
(ii) if the qualified person is not, at the time of allocation, a member of the society: (A) must be paid, as soon as is reasonably
possible after the allocation, into a trust fund operated by the society for purposes referred to in paragraph (h); and
(B) subject to sub-subparagraph (C), must be held in that fund in accordance with the rules of the society; and
(C) if the qualified person becomes a member while the amount is held in the trust fund —
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52 Copyright Regulations 1969
must be distributed to the person as soon as is reasonably possible after he or she becomes a member;
(h) that a trust fund must be operated by the collecting society for purposes that include the holding on trust for any relevant copyright owner who is not, and whose agent is not, a member of the society of any potential share allocated to that owner in accordance with the scheme;
(i) that any part of a distributable amount that, in relation to an accounting period, cannot for any reason be distributed must be held on trust in the trust fund referred to in paragraph (h) until distribution becomes possible or until the end of a specified period of not less than 4 years, whichever happens first;
(j) that a member of the collecting society, including a member who is a relevant copyright owner or the agent of a relevant copyright owner, must, on request, be given reasonable access to the records of the society.
(2) In this regulation: distributable amount, in relation to an accounting period of the collecting society, means the amount of equitable remuneration received by the society that is: (a) attributable to that period (in accordance with the practice
of the society); or (b) otherwise available for distribution; after the payment or reservation, out of that amount, of the non-distributable amount. equitable remuneration means the equitable remuneration payable by retransmitters under section 135ZZM of the Act. non-distributable amount, in relation to an accounting period, means: (a) amounts attributable to that period that are paid or held, in
accordance with the rules of the society, for: (i) gifts made by the society; and
(ii) administrative costs and other outgoings of the society; and
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Copyright Regulations 1969 53
(b) amounts to be carried forward, in accordance with the rules of the society, to the next accounting period.
potential share means a share that is: (a) a share in a distributable amount; and (b) represented by an amount that will be distributed in the
circumstances referred to in subparagraph (1) (g) (i) or (ii). qualified person, in relation to a collecting society, means: (a) a member of the collecting society who is a relevant
copyright owner or the agent of a relevant copyright owner; or
(b) a relevant copyright owner who is not a member of the collecting society and whose agent, if any, is not a member.
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Part 7 Miscellaneous
Regulation 24
54 Copyright Regulations 1969
Part 7 Miscellaneous
24 Effect of suspension of orders of Copyright Tribunal Where an order of the Copyright Tribunal is suspended: (a) paragraph (a) of subsection (6) of section 154, and
subsections (8) and (10) of section 155, of the Act operate during the period of the suspension as if the order had not been made;
(b) paragraph (b) of subsection (6) of section 154 of the Act operates as if the order had not been suspended; and
(c) section 159 of the Act does not operate in relation to the order in respect of the period of the suspension.
25 Notification of use of copyright material for services of the Crown
(1) For the purposes of subsection (4) of section 183 of the Act, the owner of a copyright shall be informed of the doing of any act comprised in the copyright by means of a notice given in accordance with this regulation.
(2) If the person giving the notice on behalf of the Commonwealth or the State knows the name, and an address for service in Australia, of the owner of the copyright or, where a copyright owner has authorized an agent to deal on behalf of that copyright owner with the copyright in the work, or other subject-matter, that is the subject of the notice, of that owner or agent, that notice shall be given by service of the notice on that owner, or that owner or agent, as the case requires.
(3) If the person giving the notice on behalf of the Commonwealth or the State: (a) knows the name of the owner of the copyright or, where a
copyright owner has authorized an agent to deal on behalf of the copyright owner with the copyright in the work, or other subject-matter, that is the subject of the notice, of that owner or agent; and
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Regulation 25
Copyright Regulations 1969 55
(b) knows an address outside Australia of a place of residence or business, but no address for service in Australia, of that owner, or that owner or agent as the case requires;
the notice shall be given by service of the notice by post on that owner, or on that owner or agent, as the case requires, at that address outside Australia.
(4) If the person giving the notice on behalf of the Commonwealth or the State does not know the name or address, or knows the name, but no address of a place of residence or business, of the owner of the copyright or, where a copyright owner has authorized an agent to deal on behalf of the copyright owner with the copyright in the work, or other subject-matter, that is the subject of the notice, of that owner or agent, the notice shall be given by being published in the Commonwealth of Australia Gazette or Government Gazette of the State, as the case requires.
(5) A notice under this regulation shall: (a) be given in the name of the Commonwealth or the State,
as the case may be; (b) state:
(i) the International Standard Book Number (if any) in respect of the work or other subject-matter concerned where that International Standard Book Number can be ascertained from that work or other subject-matter; and
(ii) where no such International Standard Book Number can be so ascertained, or where that International Standard Book Number is insufficient to enable the work or other subject-matter concerned to be identified, as the case may be — the title, if any of that work or other subject-matter and, if that title is not sufficient to enable the work or other subject-matter to be identified, description of the work or other subject-matter that is sufficient to enable it to be so identified;
(c) specify the act to which the notice relates;
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Regulation 25AA
56 Copyright Regulations 1969
(d) state whether the act has been done by the Commonwealth or the State or by a person authorized by the Commonwealth or the State;
(e) where the act has been done by a person authorized by the Commonwealth or the State — state the name of that person; and
(f) state that the purpose of the notice is to inform the owner in pursuance of subsection (4) of section 183 of the Act of the doing of the act.
25AA Other information and particulars for notices under section 195AT
(1) For paragraph 195AT (2A) (c) of the Act, the following information and particulars are prescribed for inclusion in a notice to an author in relation to an artistic work that is affixed to or forms part of a building: (a) the date of the notice; (b) the name (if any) and address of the building; (c) a brief description of the work and its location in or on the
building; (d) the name and address of the owner of the building; (e) the owner’s contact details during business hours,
including work telephone and facsimile numbers, and email address (if available);
(f) the name of the person who can provide the author with access to the building or the work, or both, as applicable, and that person’s contact details;
(g) the business hours during which the author may reasonably have access to the building or to the work, or both, as applicable;
(h) in relation to a change in the building (other than by reason of relocation, demolition or destruction), a brief description of the change and the extent (if any) to which the work is likely to be affected;
(i) in relation to the relocation of the building, a brief description of the place and form of the relocation, and the extent to which the work is likely to be affected.
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Regulation 25AA
Copyright Regulations 1969 57
(2) For paragraph 195AT (3A) (c) of the Act, the following information and particulars are prescribed for inclusion in a notice to an author in relation to a building, or to any plans or instructions used in the construction of the building or a part of the building: (a) the date of the notice; (b) the name (if any) and address of the building; (c) the name and address of the owner of the building; (d) the owner’s contact details during business hours,
including work telephone and facsimile numbers, and email address (if available);
(e) the name of the person who can provide the author with access to the building and that person’s contact details;
(f) the business hours during which the author may reasonably have access to the building;
(g) in relation to a change in the building (other than by reason of relocation, demolition or destruction), a brief description of the change and the extent (if any) to which the building is likely to be affected;
(h) in relation to the relocation of the building, a brief description of the place and form of the relocation and the extent to which the building is likely to be affected.
(3) For paragraph 195AT (4B) (c) of the Act, the following information and particulars are prescribed for inclusion in a notice to an author in relation to the removal or relocation of a moveable artistic work situated at a place that is accessible to the public: (a) the date of the notice; (b) a brief description of the moveable artistic work; (c) the address of the place or description of the location, at
which the moveable artistic work may be accessed; (d) the name and address of the remover of the moveable
artistic work; (e) the remover’s contact details during business hours,
including work telephone and facsimile numbers, and email address (if available);
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Regulation 25A
58 Copyright Regulations 1969
(f) if necessary, the name of the person who can provide the author with access to the place and the moveable artistic work, as applicable, and that person’s contact details;
(g) if necessary, the business hours during which the author may reasonably have access to the place and to the moveable artistic work;
(h) if the moveable artistic work is to be permanently removed or relocated, the address or description of the new location or storage location (if not open to the public) of the moveable artistic work;
(i) if the removal or relocation of the moveable artistic work will result in a change of ownership in the work, the name and address of the new owner.
(4) In this regulation, author includes a person representing the author.
25A Prescribed retention period for the purposes of Part X of the Act The prescribed retention period for the purposes of Part X of the Act in relation to a copy of the whole or a part of a work is a period of 4 years after the making of that copy in reliance on section 49, 50, 51A or 110B, as the case requires, of the Act.
25B Retention of declarations — subsection 203G (3) of the Act For subsection 203G (3) of the Act, the retention period for a declaration under subsection 116A (3) or 132 (5F) of the Act is 6 years from the day on which the declaration is made.
26 International organizations to which the Act applies The organizations specified in Schedule 12 to these Regulations are declared to be international organizations to which the Act applies.
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Miscellaneous Part 7
Regulation 27
Copyright Regulations 1969 59
27 Service of documents in Australia (1) A document that is required or permitted by these Regulations
to be served on a person in Australia may be served on the person: (a) if the person is a corporation — by delivering the
document personally to the manager or secretary of the corporation, or, if the corporation has a registered office in Australia under a law of a State or Territory of the Commonwealth, by leaving it at that office or by sending it by post addressed to the corporation at that office or, if the corporation does not have such a registered office, by sending it by post addressed to the corporation at its principal place of business in Australia; or
(b) if the person is not a corporation — by delivering the document to the person personally or by sending it by post addressed to the person at the address of the place of residence or business in Australia of the person last known to the person sending the document.
(2) In the application of the last preceding subregulation in relation to a notice under paragraph (a) of subregulation (2) of regulation 10 of these Regulations, a reference to post shall be read as a reference to registered post.
(3) For paragraphs 195AT (2A) (a), (3A) (a) and (4B) (a) of the Act, the giving of a notice to an author, or person representing the author, (addressee) must be: (a) by registered post; or (b) by a courier service that provides means of confirming
delivery to, or receipt by, the addressee.
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Schedule 3
60 Copyright Regulations 1969
Schedule 3 (regulations 4B and 17A)
PRESCRIBED FORM OF NOTICE FOR SECTIONS 39A AND 104B OF THE COPYRIGHT ACT 1968,
IN RELATION TO THE REPRODUCTION OF WORKS AND THE COPYING OF PUBLISHED EDITIONS
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Certain dealings with copyright will not constitute an infringement, including:
• A reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including a fair dealing for the purposes of research or study; or
• A reproduction that is authorised by the copyright owner.
It is a fair dealing to make a reproduction for the purposes of research or study, of one or more articles on the same subject in a periodical publication, or, in the case of any other work, of a reasonable portion of a work.
In the case of a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable portion.
In the case of a published work in electronic form only, a reasonable portion is not more than, in the aggregate, 10% of the number of words in the work.
More extensive reproduction may constitute fair dealing. To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40 (2) of the Act.
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Schedule 3
Copyright Regulations 1969 61
A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.
Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.
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Schedule 3A Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of an article contained in a periodical publication
62 Copyright Regulations 1969
Schedule 3A Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of an article contained in a periodical publication (paragraph 4C (3) (a))
Item Matter Particulars
1 The time and date of the making of the broadcast
2 If the International Standard Serial Number in respect of the periodical publication is recorded in the periodical publication — that number
3 If the International Standard Serial Number in respect of the publication is not so recorded — the name of the periodical publication
4 The title or description of the article
5 The name of the author of the article (if that name is known)
6 The volume, or volume and number, as the case requires, of the periodical publication containing the article
7 The page numbers of the pages in that volume, or in that number of that volume, that have been broadcast, or, in a case where a page so broadcast does not bear a page number, such description of the page as will enable it to be identified
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Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of a work not being an
article contained in a periodical publication
Schedule 3B
Copyright Regulations 1969 63
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Schedule 3B Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of a work not being an article contained in a periodical publication
64 Copyright Regulations 1969
Schedule 3B Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of a work not being an article contained in a periodical publication (paragraph 4C (3) (b))
Item Matter Particulars
1 The time and date of the making of the broadcast
2 If the International Standard Book Number in respect of the work is recorded in the edition of the work copied — that number
3 If the International Standard Book Number in respect of the work is not so recorded —
(a) the title or description of the work;
(b) the name of the publisher of the edition of the work; and
(c) the name of the author of the work (if that name is known)
4 The page numbers of the pages in the edition of the work that have been broadcast or, in a case where a page so broadcast does not bear a page number, such description of the page as will enable it to be identified
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Schedule 4
Copyright Regulations 1969 65
Schedule 4 (regulation 4D)
FORM OF NOTICE FOR PARAGRAPH 49 (7A) (c) OF THE COPYRIGHT ACT 1968
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been provided to you pursuant to section 49 of the Copyright Act 1968 (the Act) for the purposes of research or study. The contents of the material may be subject to copyright protection under the Act.
Further dealings by you with this material may be a copyright infringement. To determine whether such a communication would be an infringement, it is necessary to have regard to the criteria set out in Part 3, Division 3 of the Act.
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Schedule 8
66 Copyright Regulations 1969
Schedule 8 (regulation 6)
COUNTRIES IN RELATION TO WHICH DIVISION 6 OF PART III OF THE ACT APPLIES
Algeria Ghana Nigeria Andorra Greece Norway Argentina Guatemala Pakistan Austria Guinea Panama Bahamas Guinea-Bissau Paraguay Bangladesh Haiti Peru Barbados Holy See Philippines Belgium Honduras Poland Belize Hungary Portugal Benin Iceland Romania Bolivia India Rwanda Brazil Ireland Saint Vincent and the Bulgaria Israel Grenadines Burkina Faso Italy Senegal Cambodia Japan Singapore Cameroon, Republic of Kenya South Africa Canada Korea, Republic of Spain Central African Lao People’s Sri Lanka
Republic Democratic Suriname Chad Republic Sweden Chile Lebanon Switzerland Colombia Lesotho, Kingdom of Thailand Congo Liberia The Russian Federation Costa Rica Libyan Arab The United Kingdom Côte d’Ivoire Jamahiriya Togo Cuba Liechtenstein Trinidad and Tobago Cyprus Luxembourg Tunisia
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Schedule 8
Copyright Regulations 1969 67
Czech and Slovak Madagascar Turkey Federal Republic Malawi United States of
Denmark Malaysia America Dominican Republic Mali Uruguay Ecuador Malta Venezuela Egypt, Arab Republic Mauritania Yugoslavia
of Mauritius Zaire El Salvador Mexico Zambia Fiji Monaco Zimbabwe Finland Morocco France Netherlands Gabon New Zealand Germany, Federal Nicaragua
Republic of Niger
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Schedule 9
68 Copyright Regulations 1969
Schedule 9 (regulation 17A)
PRESCRIBED FORM OF NOTICE FOR SECTION 104B OF THE COPYRIGHT ACT 1968 IN RELATION TO THE
COPYING OF AUDIO-VISUAL ITEMS
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
Copyright owners are entitled to take legal action against persons who infringe their copyright. Unless otherwise permitted by the Copyright Act 1968 (the Act), unauthorised use of audio-visual items in which copyright subsists may infringe copyright in that item.
It is not an infringement of copyright in an audio-visual item to use that item in a manner that is a fair dealing under section 103C of the Act.
Section 103C of the Act relates to fair dealing for the purpose of research or study and sets out the matters that must be considered in determining whether a reproduction of an audio-visual item is a fair dealing.
A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.
Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.
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Schedule 11
Copyright Regulations 1969 69
Schedule 11 (regulation 23)
COMMONWEALTH OF AUSTRALIA
Copyright Regulations
NOTICE FOR PURPOSES OF REGULATION 23
To the Collector of Customs of Norfolk Island.
I, , of , being the owner [or agent of the owner] of the copyright in the work [or works] specified in the Schedule to this notice give you notice that I object [or, where notice is given by the agent, that objects] to the importation into Norfolk Island [here specify the period during which importation is objected to] of copies of the work [or works] to which regulation 23 of the Copyright Regulations applies.
Dated
[Signature]
[If an agent, insert “Agent of Owner”]
THE SCHEDULE
Title (if any) of work— Description of work— Full name of author or authors— Whether author or authors alive— If the author, or any one or more of the authors, is dead, date or dates of death— Date and place of first publication of work—
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Schedule 11AA
70 Copyright Regulations 1969
Schedule 11AA Record of the copying of a broadcast in reliance on Part VA of the Copyright Act 1968 (regulation 23G)
1. The name of the institution for which the broadcast was copied:
....................................
2. The day on which the copying was carried out:
....................................
3. The title, or other identification, of the program or programs included in the broadcast:
....................................
4. The name or call sign of the broadcasting station that made the broadcast:
....................................
5. The day on which the broadcast commenced: ....................................
6. The time when the broadcast commenced: ....................................
7. The number of copies made of the broadcast: ....................................
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Schedule 11AB
Copyright Regulations 1969 71
Schedule 11AB (regulation 23G)
Copyright Act 1968
RECORD OF THE COMMUNICATION OF A COPY OF A BROADCAST IN RELIANCE ON PART VA OF THE COPYRIGHT ACT 1968
1. The name of the institution for which the communication of a copy of a broadcast was made ……………...
2. The day on which the communication was first made ……………...
3. The title, or other identification, of the program or programs included in the copy communicated ……………...
4. The name or call sign of the broadcasting station that made the broadcast ……………...
5. The day on which the broadcast commenced ……………...
6. The time when the broadcast commenced ……………...
7. The number of times the copy of the broadcast was communicated ……………...
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Schedule 11AC
72 Copyright Regulations 1969
Schedule 11AC (regulation 23HB)
FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE COPYRIGHT ACT 1968
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act.
Do not remove this notice.
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Schedule 11A
Copyright Regulations 1969 73
Schedule 11A (regulation 23JL)
Copyright Act 1968
RECORD OF THE MAKING OF A LICENSED COPY IN RELIANCE ON PART VB OF THE COPYRIGHT ACT 1968
1. The name of the institution for which the licensed copy was made:
............................
2. The section of the Copyright Act 1968 in reliance on which the copy was made:
............................
3. The day on which the copy was made: ............................
4. The full name or the surname and initials of the author/*s of the article or other work(1):
............................
5. *The name of the periodical publication in which the article appeared/*The title or other identification of the work/*The title or other identification of the sound recording or cinematograph film:
............................
6. *The International Standard Serial Number of the periodical publication in which the article appeared/*The International Standard Book Number of the edition containing the work(1):
............................
7. The name of the publisher of *the issue of the periodical publication in which the article appeared/ *the edition containing the work(1):
............................
8. *The volume and number or the date of publication or other identification of the issue of the periodical publication in which the article appeared/ *The year of publication of the edition containing the work(1):
............................
9. The number of pages copied(1): ............................
10. The number of copies made of *each page/*the sound recording/*the cinematograph film/copied:
............................
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Schedule 11A RECORD OF THE MAKING OF A LICENSED COPY IN RELIANCE ON PART VB OF THE COPYRIGHT ACT 1968
74 Copyright Regulations 1969
11. The form in which the copy was made(2): ............................
*Omit if not applicable. (1) Questions 4, 6, 7, 8 and 9 should not be answered where the item copied is a sound recording or cinematograph film. (2) Specify the form of the copy: for example, a Braille, large-print or photographic version, a sound recording or a cinematograph film. Question 11 should not be completed where the form of the copy is a facsimile reproduction.
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Schedule 11B
Copyright Regulations 1969 75
Schedule 11B (regulation 23JLA)
FORM OF NOTICE FOR PARAGRAPH 135ZXA (a) OF THE COPYRIGHT ACT 1968
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been reproduced and communicated to you by or on behalf of [insert name of institution] pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.
Do not remove this notice.
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Schedule 12
76 Copyright Regulations 1969
Schedule 12 (regulation 26)
INTERNATIONAL ORGANIZATIONS TO WHICH THE COPYRIGHT ACT 1968 APPLIES
United Nations Food and Agriculture Organization of the United Nations Inter-Governmental Maritime Consultative Organization International Bank for Reconstruction and Development International Civil Aviation Organization International Court of Justice International Development Association International Finance Corporation International Labour Organisation International Monetary Fund International Telecommunication Union United Nations Educational, Scientific and Cultural Organization Universal Postal Union World Health Organization World Meteorological Organization
Asian Development Bank Cultural and Social Centre for the Asian and Pacific Region Customs Co-operation Council European Launcher Development Organization Intergovernmental Committee on European Migration International Atomic Energy Agency International Coffee Council International Criminal Police Organization International Hydrographic Bureau International Institute of Refrigeration International Organization of Legal Metrology International Sugar Council International Tin Council International Wheat Council Organization of American States South East Asia Treaty Organization South Pacific Commission
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Notes to the Copyright Regulations 1969
Table of Statutory Rules
Copyright Regulations 1969 77
Notes to the Copyright Regulations 1969 Note 1 The Copyright Regulations 1969 (in force under the Copyright Act 1968) as shown in this compilation comprise Statutory Rules 1969 No. 58 amended as indicated in the Tables below.
Table of Statutory Rules
Year and number
Date of notification in Gazette
Date of commencement
Application, saving or transitional provisions
1969 No. 58 (a) 28 Apr 1969 1 May 1969 (see r. 2 and Gazette 1969, p. 2543)
1981 No. 148 23 June 1981 23 June 1981 — 1981 No. 355 18 Dec 1981 18 Dec 1981 — 1982 No. 65 12 Mar 1982 12 Mar 1982 — 1983 No. 126 5 Aug 1983 5 Aug 1983 — 1983 No. 128 5 Aug 1983 5 Aug 1983 — 1983 No. 293 1 Dec 1983 1 Dec 1983 — 1984 No. 175 1 Aug 1984 1 Aug 1984 — 1984 No. 275 5 Oct 1984 5 Oct 1984 — 1987 No. 34 12 Mar 1987 12 Mar 1987 — 1988 No. 125 24 June 1988 24 June 1988 — 1990 No. 4 25 Jan 1990 25 Jan 1990 — 1990 No. 5 25 Jan 1990 25 Jan 1990 — 1990 No. 76 23 Mar 1990 23 Mar 1990 — 1990 No. 301 28 Sept 1990 1 Oct 1990 (see r. 1 and
Gazette 1990, No. S261) —
1992 No. 165 25 June 1992 25 June 1992 — 1993 No. 228 26 Aug 1993 26 Aug 1993 — 1995 No. 129 15 June 1995 1 July 1995 — 1998 No. 359 22 Dec 1998 22 Dec 1998 — 2001 No. 7 13 Feb 2001 13 Feb 2001 — 2001 No. 8 13 Feb 2001 (b) —
(a) The form of introductory words used to make Statutory Rules 1969 No. 58 was as follows:
“WHEREAS it is provided by subsection (5) of section 55 of the Copyright Act 1968 that regulations made for the purposes of paragraph (d) of subsection (1) of that section may provide that the doing of such acts as are specified in the regulations, being such acts as the Governor-General considers convenient for ensuring the receipt
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Notes to the Copyright Regulations 1969
Table of Statutory Rules
78 Copyright Regulations 1969
by the owner of the copyright in musical work of the royalties in respect of records of that work or, if the owner of the copyright cannot be found by reasonable inquiry, as the Governor-General considers reasonable in the circumstances, is to be deemed to constitute payment of the royalties:
“AND WHEREAS I consider that the doing of the acts referred to in regulation 9, and subregulation (3) of regulation 13, of the following Regulations is convenient for ensuring the receipt by the owner of the copyright in a musical work of the royalties in respect of records of that work:
“AND WHEREAS I consider that, where the owner of the copyright in a musical work cannot be found by reasonable inquiry, the doing of the acts referred to in regulation 12 of the following Regulations is reasonable in the circumstances:
“AND WHEREAS it is provided by subsection (1) of section 186 of the Copyright Act 1968 that, where it appears to the Governor-General that it is desirable that that Act should apply in relation to an organization: (a) of which two or more countries, or the Governments of two or more countries,
are members; or (b) that is constituted by persons representing two or more countries, or
representing the Governments of two or more countries; the regulations under that Act may declare that organization to be an international organization to which that Act applies:
“AND WHEREAS each of the organizations specified in the Fifth Schedule to the following Regulations is an organization: (a) of which two or more countries, or the Governments of two or more countries,
are members; or (b) that is constituted by persons representing two or more countries, or
representing the Governments of two or more countries: “AND WHEREAS it appears to me that it is desirable that the Copyright Act 1968 should
apply in relation to each of those organizations: “NOW THEREFORE I, THE GOVERNOR-GENERAL in and over the Commonwealth of
Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Copyright Act 1968.”
(b) Regulation 2 of Statutory Rules 2001 No. 8 provides as follows: These Regulations commence on the commencement of the Copyright Amendment (Digital Agenda) Act 2000.
The Copyright Amendment (Digital Agenda) Act 2000 commenced on 4 March 2001.
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Notes to the Copyright Regulations 1969
Table of Amendments
Copyright Regulations 1969 79
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to Part 1................ ad. 1990 No. 5 R. 1 ..................................... rs. 1998 No. 359 R. 3A................................... ad. 1983 No. 128
rep. 1990 No. 76 R. 4 ..................................... rs. 1981 No. 148
am. 1981 No. 355 rep. 1990 No. 4
R. 4A................................... ad. 1981 No. 148 am. 1981 No. 355 rep. 1990 No. 4
Heading to Part 2................ ad. 1990 No. 5 R. 4B................................... ad. 1981 No. 148 R. 4BA ................................ ad. 2001 No. 8 Heading to r. 4C ................. rs. 1998 No. 359 R. 4C................................... ad. 1987 No. 34 R. 4D .................................. ad. 2001 No. 8 R. 5A................................... ad. 1981 No. 148
am. 1984 No. 175 rep. 1990 No. 76
R. 6 ..................................... am. 1981 Nos. 148 and 355; 1983 No. 126; 1992 No. 165
R. 8 ..................................... rs. 1992 No. 165 Rr. 9–13 .............................. am. 1992 No. 165 R. 15A................................. ad. 1983 No. 293
rep. 1992 No. 165 R. 17 ................................... rs. 1990 No. 301 Heading to Part 3................ ad. 1990 No. 5 R. 17A................................. ad. 1988 No. 125
rs. 2001 No. 8 R. 17B................................. ad. 1993 No. 228
rep. 2001 No. 8 R. 20 ................................... rep. 1981 No. 148
ad. 2001 No. 8 Heading to Part 4................ ad. 1990 No. 5 R. 21 ................................... am. 1981 Nos. 148 and 355; 1995 No. 129
rs. 1998 No. 359 R. 22 ................................... am. 1981 No. 148
rep. 1981 No. 355 ad. 1995 No. 129
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Notes to the Copyright Regulations 1969
Table of Amendments
80 Copyright Regulations 1969
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected rs. 1998 No. 359
R. 22A................................. ad. 1995 No. 129 R. 23 ................................... am. 1981 Nos. 148 and 355 Heading to Part 5................ rs. 2001 No. 8 Part 5 .................................
(rr. 23A–23J) ad. 1990 No. 5
R. 23A ................................ ad. 1990 No. 5 rs. 1998 No. 359 am. 2001 No. 8
R. 23B................................. ad. 1990 No. 5 am. 1998 No. 359; 2001 No. 8
R. 23C................................. ad. 1990 No. 5 am. 1998 No. 359 rs. 2001 No. 8
R. 23D................................. ad. 1990 No. 5 R. 23E................................. ad. 1990 No. 5
am. 1998 No. 359 rs. 2001 No. 8
R. 23F ................................. ad. 1990 No. 5 am. 1998 No. 359; 2001 No. 8
R. 23G ................................ ad. 1990 No. 5 rs. 2001 No. 8
R. 23H................................. ad. 1990 No. 5 Rr. 23HA, 23HB .................. ad. 2001 No. 8 R. 23J ................................. ad. 1990 No. 5 Heading to Part 5A.............. rs. 2001 No. 8 Part 5A ...............................
(rr. 23JA–23JH, 23JJ–23JM)
ad. 1990 No. 76
R. 23JA– ............................. ad. 1990 No. 76 am. 2001 No. 8
Rr. 23JB.............................. ad. 1990 No. 76 R. 23JC............................... ad. 1990 No. 76
am. 2001 No. 8 R. 23JD............................... ad. 1990 No. 76 Rr. 23JE–23JG ................... ad. 1990 No. 76
am. 2001 No. 8 R. 23JH............................... ad. 1990 No. 76 Rr. 23JJ, 23JK .................... ad. 1990 No. 76
am. 2001 No. 8 R. 23JL ............................... ad. 1990 No. 76 R. 23JLA ............................. ad. 2001 No. 8 R. 23JM .............................. ad. 1990 No. 76
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Notes to the Copyright Regulations 1969
Table of Amendments
Copyright Regulations 1969 81
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 6 ................................. (rr. 23K–23N, 23P)
ad. 1990 No. 5 rep. 1998 No. 359
Rr. 23K–23N, 23P............... ad. 1990 No. 5 rep. 1998 No. 359
Part 6 ................................. (rr. 23K, 23L)
ad. 2001 No. 8
Rr. 23K, 23L........................ ad. 2001 No. 8 Heading to Part 7................ ad. 1990 No. 5 R. 25 ................................... am. 1983 No. 126 R. 25AA .............................. ad. 1987 No. 34
rep. 1990 No. 76 ad. 2001 No. 7
R. 25A................................. ad. 1981 No. 148 am. 1984 No. 175; 1990 No. 76
R. 25B................................. ad. 1981 No. 148 rep. 1990 No. 76 ad. 2001 No. 8
R. 26 ................................... am. 1981 Nos. 148 and 355 R. 27 ................................... am. 2001 No. 7 Heading to The Schedules.. rep. 1981 No. 148 Schedule 1.......................... ad. 1981 No. 148
rs. 1981 No. 355 am. 1983 No. 128; 1984 No. 275 rep. 1990 No. 4
Schedule 1A ....................... ad. 1981 No. 355 rep. 1990 No. 4
Schedule 2.......................... ad. 1981 No. 148 rs. 1981 No. 355 am. 1982 No. 65; 1983 No. 128; 1984 No. 275 rep. 1990 No. 4
Schedule 3.......................... ad. 1981 No. 148 rs. 2001 No. 8
Heading to Schedule 3A ..... rs. 1998 No. 359 Schedule 3A ....................... ad. 1987 No. 34 Heading to Schedule 3B ..... rs. 1998 No. 359 Schedule 3B ....................... ad. 1987 No. 34 Schedule 4.......................... ad. 1981 No. 148
rep. 1990 No. 76 ad. 2001 No. 8
Schedules 5–7 .................... ad. 1981 No. 148 rep. 1990 No. 76
Heading to First Schedule... rep. 1981 No. 148 Renumbered Schedule 8 . 1981 No. 148
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Notes to the Copyright Regulations 1969
Table of Amendments
82 Copyright Regulations 1969
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Schedule 8.......................... rs. 1983 No. 126 rs. 1992 No. 165
Heading to Second ............. Schedule
rep. 1981 No. 148
Renumbered Schedule 9 . 1981 No. 148 Schedule 9.......................... rep. 1995 No. 129
ad. 2001 No. 8 Heading to Third Schedule . rep. 1981 No. 148
Renumbered Schedule 10 ....................................
1981 No. 148
Schedule 10........................ rep. 1981 No. 355 Heading to Fourth
Schedule ......................... rep. 1981 No. 148
Renumbered Schedule 11 ....................................
1981 No. 148
Schedule 11........................ am. 2001 No. 8 Heading to Schedule 11AA. rs. 1998 No. 359
am. 2001 No. 8 Schedule 11AA ................... ad. 1990 No. 5
am. 1998 No. 359; 2001 No. 8 Schedules 11AB, 11AC ...... ad. 2001 No. 8 Schedule 11A ..................... ad. 1990 No. 34
rs. 1990 No. 76 Schedule 11B ..................... ad. 1987 No. 34
rep. 1990 No. 76 ad. 2001 No. 8
Schedule 11C ..................... ad. 1987 No. 34 rep. 1990 No. 76
Heading to Fifth Schedule... rep. 1981 No. 148 Renumbered Schedule 12 ....................................
1981 No. 148
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