- Copyright (International Protection) Regulations 1969
- Statutory Rules 1969 No. 60 as amended
- Contents
- Part 1 Preliminary
- Part 2 Application of Act to works and subject-matter other than a work
- Part 3 Application of Act to performances
- Part 4 Works made etc before application of Act and Regulations
- Schedule 3 Countries that provide rights for secondary uses of sound recordings
- Notes to the Copyright (InternationalProtection) Regulations 1969
- Table of Amendments
Copyright (International Protection)
Regulations 1969
Statutory Rules 1969 No. 60 as amended
made under the
Copyright Act 1968
This compilation was prepared on 1 January 2005
taking into account amendments up to SR 2004 No. 362
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Page | |||
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Contents | |||
Part 1 | Preliminary | ||
1 2 3 | Name of regulations [see Note 1] Commencement [see Note 1] Interpretation | 4 4 4 | |
Part 2 | Application of Act to works and subject-matter other than a work | ||
4 5 6 7 | Protection — Berne Convention countries, UCC countries, USA, Rome Convention countries, WPPT countries and WTO countries (Act s 184) Copyright not to subsist in overseas editions in certain cases Copyright in certain sound recordings may include right to cause the recording to be heard in public Copyright in certain sound recordings may include right to broadcast the recording | 9 12 13 14 | |
Part 3 | Application of Act to performances | ||
8 | Protection — Rome Convention countries, WPPT countries and WTO countries (Act s 248U) | 16 | |
Part 4 | Works made etc before application of Act and Regulations | ||
9 10 11 12 13 14 | Works made before 1 July 1912 Works first published before 1 May 1969 Sound recording made before 1 May 1969 — UCC countries Published works etc relating to post-1969 UCC countries Action taken in relation to works etc before a foreign country becomes a country to which these Regulations apply Saving | 19 19 20 20 21 22 |
Schedule 3 | Countries that provide rights for secondary uses of sound recordings | Page 23 |
Notes | 24 |
Part 1 Preliminary
1 Name of regulations [see Note 1]
These regulations are the Copyright (International Protection)
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:
amending Regulations means the Copyright (International
Protection) Amendment Regulations 2003 (No. 1).
at a material time means:
(a) in relation to, or in relation to the application of the Act in
respect of, a work or subject matter other than a work that
is unpublished:
(i) at the time when the work or subject-matter other
than a work was made; or
(ii) if the making of the work or subject-matter other
than a work extended over a period — over a
substantial part of that period; and
(b) in relation to, or in relation to the application of the Act in
respect of, a work or subject-matter other than a work that
has been published — at the time when the work or
subject-matter other than a work was first published; and
(c) in relation to a sound broadcast or a television
broadcast — the time when that broadcast was made; and
(d) in relation to a performance — the time when the
performance was given.
Australian retransmission means a retransmission of a
television broadcast:
- (a)
- over the Internet; and
- (b)
- made from a place in Australia.
Australian television broadcast means a television broadcast
mentioned in section 91 of the Act.
Berne Convention country:
(a) means a foreign country that is a party to the International
Convention for the Protection of Literary and Artistic
Works concluded at Berne on 9 September 1886 (the
Berne Convention); and
(b) if application of the Berne Convention is extended, in
accordance with international law, to a territory (however
described) of the foreign country — includes that territory.
Note 1 For information as to which countries are parties to the Berne
Convention, see, for example, the World Intellectual Property Organization
website at www.wipo.int.
Note 2 For the application of these Regulations, before the commencement
of the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
broadcaster, for an encoded broadcast, has the meaning given
by section 135AL of the Act.
encoded broadcast has the meaning given by section 135AL of
the Act.
foreign country means a country other than Australia.
performance means a performance of a kind referred to in
paragraph (a), (b), (c), (d) or (e) of the definition of
performance in subsection 248A (1) of the Act but does not
include a performance of a kind referred to in subsection 248A
(2) of the Act.
relevant broadcaster, in relation to a sound broadcast or a
television broadcast, means a person who:
(a) is entitled, under the law of the country from which the
sound broadcast or television broadcast is made, to make
that sound broadcast or television broadcast; and
(b) is, at a material time:
- (i)
- a citizen or national of that country; or
- (ii)
- a person resident in, or a body corporate that has its
headquarters in, that country.
Rome Convention country:
(a) means a foreign country that is a party to the International
Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organisations done at
Rome on 26 October 1961 (the Rome Convention); and
(b) if application of the Rome Convention is extended, in
accordance with international law, to a territory (however
described) of the foreign country — includes that territory.
Note 1 For information as to which countries are parties to the Rome
Convention, see, for example, the World Intellectual Property Organization
website at www.wipo.int.
Note 2 For the application of these Regulations, before the commencement
of the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
Schedule 3 country:
(a) means a country that is specified in Schedule 3 as a
country that provides rights for secondary uses of sound
recordings; and
(b) if a territory (however described) of the country also
provides those rights — includes that territory.
Note For the application of these Regulations, before the commencement
of the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
subject-matter other than a work means any of the following:
- (a)
- a published edition of a work or works;
- (b)
- a sound recording;
- (c)
- a cinematograph film;
- (d)
- a sound broadcast;
- (e)
- a television broadcast.
the Act means the Copyright Act 1968.
UCC country:
(a) means a foreign country that:
(i) is a party to the Universal Copyright Convention;
and
(ii) is neither a Berne Convention country nor a WTO
country; and
(b) if application of the Universal Copyright Convention is
extended, in accordance with international law, to a
territory (however described) of the foreign country —
includes that territory.
Note 1 For information as to which countries are parties to the Universal
Copyright Convention, see, for example, the United Nations Educational,
Scientific and Cultural Organization website at www.unesco.org.
Note 2 For the application of these Regulations, before the commencement
of the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
Universal Copyright Convention means Copyright Convention concluded at 6 September 1952. | the Ge | Universal neva on | ||
---|---|---|---|---|
US broadcaster means a broadcaster who: |
(a) is entitled, under the law of the United States of America,
to make an encoded broadcast; and
(b) is, at a material time:
(i) a citizen or national of the United States of America;
or
(ii) a person resident in, or a body corporate that has its
headquarters in, the United States of America.
US television broadcast means a television broadcast made
from a place in the United States of America, at a material
time, by a relevant broadcaster.
WCT country means a foreign country that is a party to the
WIPO Copyright Treaty concluded at Geneva on 20 December
1996.
Note For information as to which countries are parties to the WIPO
Copyright Treaty, see, for example, the World Intellectual Property
Organization website at www.wipo.int.
WPPT country means a foreign country that is a party to the
WIPO Performances and Phonograms Treaty concluded at
Geneva on 20 December 1996.
Note For information as to which countries are parties to the WIPO
Performances and Phonograms Treaty, see, for example, the World
Intellectual Property Organization website at www.wipo.int.
WTO country:
(a) means a foreign country (including a separate customs
territory) that is a member of the World Trade
Organization; and
(b) if the foreign country’s membership in the World Trade
Organization is extended, in accordance with international
law, to include a territory (however described) of the
foreign country — includes that territory.
Note 1 For information as to which countries are members of the World
Trade Organization, see, for example, the World Trade Organization
website at www.wto.org.
Note 2 For the application of these Regulations, before the commencement
of the amending Regulations, to a territory of a foreign country, see
subregulation 3 (4) before its repeal by the amending Regulations.
(3) Without limiting the application in relation to these
Regulations of paragraph 46 (1) (a) of the Acts Interpretation
Act 1901, an expression used in any of these Regulations that:
(a) is also used in a section of the Act for the purposes of
which, or of a provision of which, that regulation is made;
and
(b) has, in that section, a defined or other specified meaning;
has the same meaning in that regulation.
(5) For the purposes of these Regulations, protection in the nature
of copyright shall be deemed to be conferred in relation to a
work or subject-matter other than a work under the law of a
country other than Australia if that law confers on the person
entitled to the protection the exclusive right to do in that
country in relation to the work or subject-matter other than a
work any one or more of the acts that are comprised in the
copyright in the work or subject-matter other than a work under
the Act.
Part 2 Application of Act to works
and subject-matter other than
a work
Protection — Berne Convention countries, UCC
countries, USA, Rome Convention countries, WPPT
countries and WTO countries (Act s 184)
Work, and subject-matter other than a work, made or first
published in a foreign country
(1) Subject to these Regulations, a provision of the Act that applies
in relation to a literary, dramatic, musical or artistic work or
edition first published, or a sound recording or cinematograph
film made or first published, in Australia (an Australian work
or subject-matter) applies in relation to a literary, dramatic,
musical or artistic work or edition first published, or a sound
recording or cinematograph film made or first published, in a
Berne Convention country, a Rome Convention country, a
UCC country, a WCT country, a WPPT country or a WTO
country (a foreign work or subject-matter):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian work or subject-matter; and
(b) as if the foreign work or subject-matter were made or first
published in Australia.
Live performance incorporated in a sound recording and
having connection with a foreign country
(1A) For subregulation (1), and subject to subregulation (1B), a
reference to a sound recording made or first published in a
WPPT country is taken to include a reference to a sound
recording (wherever made), incorporating a live performance
given in a WPPT country.
(1B) Subregulation (1A) applies only in relation to a person who is:
- (a)
- a maker of the sound recording; and
- (b)
- a performer in the performance.
Artistic work that is a building, or is attached to or forms
part of a building, in a foreign country
(2) Subject to these Regulations, a provision of the Act that applies
in relation to an artistic work that is a building (or that is
attached to, or forms part of, a building) situated in Australia
(an Australian artistic work) applies in relation to an artistic
work that is a building (or that is attached to, or forms part of, a
building) situated in a Berne Convention country, a UCC
country, a WCT country or a WTO country (a foreign artistic
work):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian artistic work; and
(b) as if the foreign artistic work were situated in Australia.
Work and subject-matter other than a work — citizen or
national of a foreign country
(3) Subject to these Regulations, a provision of the Act relating to
a work or subject-matter other than a work that applies in
relation to a person who, at a material time, is an Australian
citizen applies in relation to a person who, at a material time, is
a citizen or national of a Berne Convention country, a Rome
Convention country, a UCC country, a WCT country, a WPPT
country or a WTO country (a foreign citizen):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian citizen; and
(b) as if the foreign citizen were an Australian citizen.
Work and subject-matter other than a work — person
resident in a foreign country
(4) Subject to these Regulations, a provision of the Act relating to
a work or subject-matter other than a work that applies in
relation to a person who, at a material time, is resident in
Australia (an Australian resident) applies in relation to a
person who, at a material time, is resident in a Berne
Convention country, a Rome Convention country, a UCC
country, a WCT country, a WPPT country or a WTO country
(a foreign resident):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian resident; and
(b) as if the foreign resident were an Australian resident.
Work and subject-matter other than a work — body
incorporated under the law of a foreign country
(5) Subject to these Regulations, a provision of the Act relating to
a work or subject-matter other than a work that applies in
relation to a body incorporated, at a material time, under the
law of the Commonwealth or of a State (an Australian body
corporate) applies in relation to a body incorporated, at a
material time, under the law of a Berne Convention country, a
Rome Convention country, a UCC country, a WCT country, a
WPPT country or a WTO country (a foreign body corporate):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian body corporate; and
(b) as if the foreign body corporate were an Australian body
corporate.
Sound broadcast or television broadcast made from a
place in a foreign country
(6) Subject to these Regulations, a provision of the Act that applies
in relation to a sound broadcast, or a television broadcast,
referred to in section 91 of the Act (an Australian broadcast)
applies in relation to a sound broadcast, or a television
broadcast, made at a material time by a relevant broadcaster
from a place in a Rome Convention country (a foreign
broadcast):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian broadcast; and
(b) as if the foreign broadcast were an Australian broadcast.
Broadcasts made before 1 January 1992
(7) Copyright does not, under subregulation (6), subsist in
Australia in a sound broadcast or a television broadcast made
from a place outside Australia before 1 January 1992.
Australian retransmission of US television broadcasts
(7A) Subject to these Regulations, a provision of the Act that applies
to an Australian retransmission of an Australian television
broadcast applies in relation to an Australian retransmission of
a US television broadcast:
(a) in the same way as the provision applies, under the Act, in
relation to an Australian retransmission of an Australian
television broadcast; and
(b) as if the US television broadcast were an Australian
television broadcast.
Encoded broadcast made from the USA
(7B) Subject to these Regulations, a provision of Part VAA of the
Act that applies to an encoded broadcast made from a place in
Australia (an Australian encoded broadcast) applies in relation
to an encoded broadcast made at a material time by a US
broadcaster from a place in the United States of America (a US
encoded broadcast):
(a) in the same way as the provision applies, under the Act, in
relation to an Australian encoded broadcast; and
(b) as if the US encoded broadcast were an Australian
encoded broadcast.
Modification of Act
(8) To the extent that this regulation is inconsistent with the Act,
the application of the Act by these Regulations is modified.
Copyright not to subsist in overseas editions in
certain cases
(1) Copyright that, under the Act, subsists in a published edition of
a work or works by reason only of the operation of these
Regulations subsists only so long as protection in the nature of
copyright subsists in relation to the edition under the law of a
relevant country.
(2) In this regulation:
relevant country means a Berne Convention country, a UCC
country, a WCT country or a WTO country:
- (a)
- in which the edition was first published; or
- (b)
- of which the publisher of the edition was a citizen or
national at a material time; or
(c) in which the publisher, being an individual, was resident at
a material time; or
(d) under the law of which the publisher, being a body
corporate, was incorporated at a material time.
(3) To the extent that this regulation is inconsistent with the Act,
the application of the Act by these Regulations is modified.
Copyright in certain sound recordings may include
right to cause the recording to be heard in public
(1) This regulation applies to a published sound recording if:
(a) under the Act, copyright subsists in the recording by
reason only of the operation of these Regulations, or the
operation of these Regulations and subsection 89 (3) of the
Act; and
(b) either:
- (i)
- the recording has been published in Australia; or
- (ii)
- a period of 7 weeks has elapsed from the date of the
first publication of the recording.
Note A sound recording first published in a foreign country could, under
subsection 29 (5) of the Act, be a sound recording that is taken to be first
published in Australia, to which subsection 89 (3) of the Act applies.
(2) Copyright that subsists in the recording includes the exclusive
right to cause the recording to be heard in public, only if:
(a) the maker of the recording was, at the time when the
recording was made:
- (i)
- a citizen or national of a Schedule 3 country; or
- (ii)
- a person resident in, or a body corporate
incorporated under the law of, a Schedule 3 country;
or
(b) the recording was made in a Schedule 3 country.
(3) The application of section 105 of the Act by these Regulations
is modified by the operation of this regulation.
Copyright in certain sound recordings may include
right to broadcast the recording
(1) This regulation applies to a published sound recording if:
(a) under the Act, copyright subsists in the recording by
reason only of the operation of these Regulations, or the
operation of these Regulations and subsection 89 (3) of the
Act; and
(b) either:
- (i)
- the recording has been published in Australia; or
- (ii)
- a period of 7 weeks has elapsed from the date of the
first publication of the recording and the recording is
not a performance-related recording.
Note A sound recording first published in a foreign country could, under
subsection 29 (5) of the Act, be a sound recording that is taken to be first
published in Australia, to which subsection 89 (3) of the Act applies.
(2) Copyright that subsists in the recording includes the exclusive
right to broadcast the recording, only if:
(a) the maker of the recording was, at the time when the
recording was made:
- (i)
- a citizen or national of a Schedule 3 country; or
- (ii)
- a person resident in, or a body corporate
incorporated under the law of, a Schedule 3 country;
or
(b) the recording was made in a Schedule 3 country.
(3) For this regulation, a recording is a performance-related
recording if:
(a) the recording consists of, or includes, a musical work in
which copyright subsists; and
(b) the musical work:
(i) was made for the purpose of being performed, or has
been performed, in association with a dramatic
work; or
(ii) has been included in a cinematograph film; and
(c) recordings of the musical work have not been supplied
(whether by sale or otherwise) to the public in Australia.
(4) For paragraph (3) (c), a supply of recordings of a musical work
is disregarded if the supply was done otherwise than by, or
with the licence of, the owner of the copyright in the work.
(5) The application of section 105 of the Act by these Regulations
is modified by the operation of this regulation.
Part 3 Application of Act to
performances
Protection — Rome Convention countries, WPPT
countries and WTO countries (Act s 248U)
Definitions
(1) In this regulation:
applicable provision, in relation to a participating country,
means:
(a) if the participating country is a WTO country or a WPPT
country but not a Rome Convention country — a
provision of Part XIA of the Act relating to sound
recordings, or communication to the public of live
performances; and
(b) in any other case — each provision of Part XIA of the Act.
participating country means:
- (a)
- a Rome Convention country; or
- (b)
- a WPPT country; or
- (c)
- a WTO country.
Performance given in a foreign country
(2) An applicable provision applies in relation to a performance
given in a participating country (a foreign performance):
(a) in the same way as the provision applies, under the Act, in
relation to a performance given in Australia; and
(b) as if the foreign performance were given in Australia.
Sound recording made in a foreign country of a
performance
(2A) An applicable provision applies in relation to a sound
recording, made in a participating country (a foreign sound
recording), of a performance:
(a) in the same way as the provision applies, under the Act, in
relation to a sound recording of a performance given in
Australia; and
(b) as if the foreign sound recording were made in Australia.
Broadcast made in a foreign country of a performance
(2B) An applicable provision applies in relation to a broadcast, made
by a relevant broadcaster from a place in a participating
country (a foreign broadcast), of a performance:
(a) in the same way as the provision applies, under the Act, in
relation to a broadcast of a performance given in
Australia; and
(b) as if the foreign broadcast were made in Australia.
Sound recording made by a citizen, national or resident
of a foreign country of a performance
(2C) An applicable provision applies in relation to a sound
recording, made by a person who is a citizen, national or
resident of a participating country (a foreign person), of a
performance:
(a) in the same way as the provision applies, under the Act, in
relation to a sound recording of a performance given in
Australia; and
(b) as if the foreign person were an Australian citizen or
resident.
Citizen or national of a foreign country
(3) An applicable provision applies in relation to a person who, at
a material time, is a citizen or national of a participating
country (a foreign citizen):
(a) in the same way as the provision applies, under the Act, in
relation to a person who, at a material time, is an
Australian citizen; and
(b) as if the foreign citizen were an Australian citizen.
Person resident in a foreign country
(4) An applicable provision applies in relation to a person who, at
a material time, is resident in a participating country (a foreign
resident):
(a) in the same way as the provision applies, under the Act, in
relation to a person who, at a material time, is resident in
Australia; and
(b) as if the foreign resident were resident in Australia.
Performance given before 2 January 1992
(6) Subject to subregulation (7), no rights arising under this
regulation subsist in Australia in relation to a performance
given before 2 January 1992 if the performance relates to a
Rome Convention country.
(7) Subregulation (6) does not apply if:
(a) the country is also a WTO country or a WPPT country;
and
(b) the rights arising under this regulation are in relation to a
provision of Part XIA of the Act relating to sound
recordings, or communication to the public of live
performances.
Modification of Act
(8) To the extent that this regulation is inconsistent with the Act,
the application of the Act by these Regulations is modified.
Part 4 Works made etc before
application of Act and
Regulations
9 Works made before 1 July 1912
(1) This regulation applies to a work that was made before
1 July 1912 if:
(a) the work was first published or performed in a country that
is a Berne Convention country, a WCT country or a WTO
country; or
(b) the author of the work was, at a material time, a citizen or
national of, or resident in, a country that is a Berne
Convention country, a WCT country or a WTO country.
(2) Division 5 of Part XI of the Act applies to the work as if:
(a) for the purpose of determining whether a right (existing
right) subsisted immediately before the commencement of
the Copyright Act, 1911:
(i) the work was first published or performed in
Australia; or
(ii) the author of the work was, at a material time, an
Australian citizen or resident in Australia; and
(b) any right that, by virtue of section 24 of the Copyright
Act, 1911, would have been conferred in place of any
existing right were a right conferred by the Copyright Act,
1911.
10 Works first published before 1 May 1969
(1) This regulation applies to a work that was first published,
before the commencement of the Act, in a country that is a
Berne Convention country, a WCT country or a WTO country.
(2) Section 210 of the Act applies to the work as if, for the purpose
of determining whether copyright subsisted under the
Copyright Act, 1911, the work was first published in Australia.
11 | Sound recording made before 1 May 1969 — UCC | |
countries | ||
(1) | This regulation applies to a sound recording in which copyright | |
subsists, under the Act, by reason only of either, or both, of the | ||
following: | ||
(a) the maker of the sound recording having been, at the time | ||
when the recording was made: | ||
(i) a citizen or national of a country that is a UCC | ||
country; or | ||
(ii) a person resident in, or a body corporate | ||
incorporated under the law of, a country that is a | ||
UCC country; | ||
(b) the first publication of the recording having taken place in | ||
a country that is a UCC country. | ||
(2) | Section 89 of the Act, as applied by regulation 4, does not | |
apply to the sound recording if the recording was made before | ||
1 May 1969. | ||
12 | Published works etc relating to post-1969 UCC | |
countries | ||
(1) | This regulation applies to: | |
(a) a literary, dramatic, musical or artistic work or edition that | ||
was first published in a country that is a post-1969 UCC | ||
country; and | ||
(b) a published sound recording or a published cinematograph | ||
film that was made or first published in a country that is a | ||
post-1969 UCC country; and | ||
(c) a published artistic work that is a building (or that is | ||
attached to, or forms part of, a building) situated in a | ||
post-1969 UCC country; and | ||
(d) a published work the author of which, an edition the | ||
publisher of which, or a published sound recording or a | ||
published cinematograph film the maker of which, was at | ||
a material time: | ||
(i) a citizen or national of a country that is a post-1969 | ||
UCC country; or |
(ii) | a person resident in, or a body corporate incorporated under the law of, a country that is a post-1969 UCC country. | ||||
---|---|---|---|---|---|
(2) | Copyright that, under the Act, subsists in a work, edition, recording or film by reason of the operation of these Regulations does not subsist in a work, edition, recording or film mentioned in subregulation (1), if the work, edition, recording or film was first published before the day on which the country became a party to the Universal Copyright Convention. | ||||
(3) | In this regulation: | ||||
post-1969 UCC country means a UCC country that became a party to the Universal Copyright Convention after 1 May 1969. | |||||
(4) | To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified. | ||||
13 | Action taken in relation to works etc before a foreign country becomes a country to which these Regulations apply | ||||
(1) | This regulation applies if: (a) a person (the affected person) has taken any action in relation to a work, a subject-matter other than a work or a performance at any time before the date of a relevant event; and | ||||
(b) (c) | the affected person has, because of the action, incurred expenditure or liability; and either: (i) the action, being a use of the work, subject-matter or performance, was at the time lawful; or (ii) the action was taken for the purpose of, or with a view to, a use of the work, subject-matter or performance at a time when the use would, but for the relevant event, have been lawful. | ||||
(2) | The affected person continues to be entitled to any right and interest, arising in connection with the action, that is subsisting and valuable immediately before the date of the relevant event, | ||||
Copyright (International Protection) Regulations 1969 | 21 |
unless the exclusive right holder has agreed to pay reasonable | ||
---|---|---|
compensation to the affected person. | ||
(3) | In this regulation: | |
convention country means: | ||
(a) a Berne Convention country; or | ||
(b) a UCC country; or | ||
(c) a Rome Convention country; or | ||
(d) a WCT country; or | ||
(e) a WPPT country; or | ||
(f) a WTO country. | ||
exclusive right holder means the person who, as a result of the | ||
relevant event, has the exclusive right over the use of the work, | ||
subject-matter or performance. | ||
relevant event means: | ||
(a) the commencement of the amending Regulations; or | ||
(b) after that commencement, an event that results in a foreign | ||
country (or a territory of a foreign country) becoming a | ||
convention country in relation to which these Regulations | ||
apply in relation to the work, subject-matter or | ||
performance. | ||
(4) | To the extent that this regulation is inconsistent with the Act, | |
the application of the Act by these Regulations is modified. | ||
(5) | Despite subregulation (4), subregulation (2) applies subject to | |
section 248QA of the Act as applied by these Regulations. | ||
Note A person of the kind described in subregulation (1) who took an | ||
action described in that subregulation may, if regulation 11, 12 or 13 of | ||
these Regulations (as in force before the commencement of the amending | ||
Regulations) applied to the person, continue, in the absence of reasonable | ||
compensation, to be entitled, under that regulation, to a right or interest | ||
arising in connection with the action. | ||
14 | Saving | |
Nothing in regulation 13 affects any right or interest preserved, | ||
or liability arising, under any of regulations 11, 12 and 13 as in | ||
force before the commencement of the amending Regulations. |
recordings
Schedule 3 | Countries that provide rights |
for secondary uses of sound | |
recordings | |
(subregulation 3 (1) and regulations 6 and 7) | |
Argentina | Mauritius |
Austria | Mexico |
Bahamas | Netherlands |
Bangladesh | New Zealand |
Barbados | Norway |
Bolivia | Pakistan |
Brazil | Panama |
Canada | Paraguay |
Chile | Philippines |
Colombia | Poland |
Costa Rica | Romania |
Czech Republic | Russian Federation |
Denmark | Slovakia |
Dominican Republic | Spain |
Ecuador | Sweden |
Fiji | Thailand |
Finland | Turkey |
Germany | United Kingdom |
Greece | Uruguay |
Guatemala | Venezuela |
Guinea | |
Holy See | |
Honduras | |
Iceland | |
India | |
Ireland | |
Israel | |
Italy | |
Jamaica | |
Japan | |
Liechtenstein |
Notes to the Copyright (International
Protection) Regulations 1969
Note 1
The Copyright (International Protection) Regulations 1969 (in force
under the Copyright Act 1968) as shown in this compilation comprise
Statutory Rules 1969 No. 60 amended as indicated in the Tables below.
Table of Statutory Rules Table of Amendments
Year and | Date of | Date of | Application, |
number | notification | commencement | saving or |
in Gazette | transitional | ||
provisions | |||
1969 No. 60 | 28 Apr 1969 | 1 May 1969 (see r. 2 and | |
Gazette 1969, p. 2543) | |||
1969 No. 65 | 1 May 1969 | 1 May 1969 | — |
1974 No. 137 | 8 Aug 1974 | 8 Aug 1974 | R. 4 (2) |
1980 No. 276 | 25 Sept 1980 | 25 Sept 1980 | — |
1981 No. 74 | 15 Apr 1981 | 15 Apr 1981 | — |
1983 No. 127 | 5 Aug 1983 | 5 Aug 1983 | — |
1984 No. 43 | 29 Mar 1984 | 29 Mar 1984 | — |
1990 No. 356 | 30 Nov 1990 | 30 Nov 1990 | — |
199 No. 357 | 30 Nov 1990 | 1 Dec 1990 | — |
1991 No. 451 | 19 Dec 1991 | 1 Jan 1992 | — |
1991 No. 452 | 19 Dec 1991 | 2 Jan 1992 | — |
1992 No. 124 | 14 May 1992 | 14 May 1992 | — |
1993 No. 214 | 3 Aug 1993 | 3 Aug 1993 | — |
1994 No. 114 | 3 May 1994 | 3 May 1994 | — |
1995 No. 67 | 11 Apr 1995 | Rr. 4–8, 10.1 and 10.10: | — |
1 July 1995 | |||
Remainder: 11 Apr 1995 | |||
1995 No. 436 | 22 Dec 1995 | 22 Dec 1995 | — |
1998 No. 360 | 22 Dec 1998 | 22 Dec 1998 | — |
2001 No. 29 | 1 Mar 2001 | 1 Mar 2001 | — |
2003 No. 337 | 23 Dec 2003 | 23 Dec 2003 | — |
2004 No. 257 | 26 Aug 2004 | 1 Jan 2005 (see r. 2) | — |
2004 No. 362 | 23 Dec 2004 | 1 Jan 2005 (see r. 2) | — |
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 1
Heading to Part 1 ............... ad. 2003 No. 337
R. 1.................................... rs. 1998 No. 360
R. 3.................................... am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991
Nos. 451 and 452; 1995 No. 67; 1998 No. 360; 2001
No. 29; 2003 No. 337; 2004 Nos. 257 and 362
Part 2
Part 2................................. ad. 2003 No. 337
Heading to r. 4.................... rs. 2004 Nos. 257 and 362
R. 4.................................... am. 1980 No. 276; 1990 No. 357; 1991 No. 451; 1995
No. 67; 1998 No. 360; 2001 No. 29
rs. 2003 No. 337
am. 2004 Nos. 257 and 362
R. 4A ................................. ad. 1991 No. 452
am. 2001 No. 29
rep. 2003 No. 337
R. 4B ................................. ad. 1994 No. 114
rs. 1995 No. 67
am. 2001 No. 29
rep. 2003 No. 337
R. 5.................................... rep. 1998 No. 360
ad. 2003 No. 337
am. 2004 No. 257
R. 6.................................... am. 1969 No. 65
rs. 1974 No. 137
am. 1980 No. 276
rs. 2003 No. 337
R. 7.................................... am. 1969 No. 65
rs. 1974 No. 137
am. 1980 No. 276
rs. 2003 No. 337
R. 7A ................................. ad. 1969 No. 65
rep. 1974 No. 137
Part 3
Part 3................................. ad. 2003 No. 337
Heading to r. 8.................... rs. 2004 No. 257
R. 8.................................... am. 1980 No. 276; 1990 No. 357; 1995 No. 67; 1998
No. 360; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 4
Part 4................................. ad. 2003 No. 337
Heading to r. 9.................... am. 1998 No. 360
rs. 2003 No. 337
R. 9.................................... am. 1980 No. 276; 1990 No. 357; 1995 No. 67; 1998
No. 360; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
R. 10.................................. rs. 1974 No. 137
am. 1980 No. 276; 1991 No. 451; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
R. 10A ............................... ad. 1991 No. 451
rep. 2003 No. 337
R. 10B ............................... ad. 1991 No. 452
rep. 2003 No. 337
R. 11.................................. am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991
No. 451
rs. 2003 No. 337
R. 12.................................. ad. 1991 No. 451
am. 2001 No. 29
rs. 2003 No. 337
R. 13.................................. ad. 1991 No. 452
am. 1995 No. 67; 2001 No. 29
rs. 2003 No. 337
am. 2004 No. 257
R. 14.................................. ad. 2003 No. 337
Schedules
Heading to the Schedules... rep. 1995 No. 67
First Schedule.................... am. 1974 No. 137
rep. 1980 No. 276
Heading to Schedule 1 ....... rs. 1995 No. 67
rep. 2003 No. 337
Schedule 1......................... ad. 1980 No. 276
am. 1983 No. 127; 1990 Nos. 356 and 357; 1991 No. 451;
1993 No. 214; 1994 No. 114; 1995 Nos. 67 and 436;
1998 No. 360
rs. 2001 No. 29
rep. 2003 No. 337
Second Schedule ............... am. 1974 No. 137
rep. 1980 No. 276
Heading to Third Schedule.. rep. 1980 No. 276
Third Schedule................... rs. 1974 No. 137
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to Schedule 3 ....... ad. 1980 No. 276
rs. 1995 No. 67; 2003 No. 337
Schedule 3......................... rs. 1981 No. 74; 1984 No. 43
am. 1991 No. 451; 1995 No. 67; 1998 No. 360
rs. 2001 No. 29