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 |
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is unpublished: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