STATUTORY RULES
1969 No. 60
REGULATIONS UNDER THE COPYRIGHT ACT 1968.*
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.
Dated this twenty-fourth day of April, 1969.
By His Excellency’s Command,
Attorney-General.
COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS
Citation.
1. These Regulations may be cited as the Copyright (International Protection) Regulations.
Commencement.
2. These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.
Interpretation.
3.—(1.) In these Regulations, unless the contrary intention appears—
“ at a material time ” means—
(a) in relation to, or in relation to the application of the Act in respect of, a work or other subject-matter that is unpublished—
(i) at the time when the work or other subject-matter was made; or
(ii) if the making of the work or other subject-matter 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 other subject-matter that has been published—at the time when the work or other subject-matter was first published;
“ simultaneously ” means—
(a) in relation to publications that took place before the date of commencement of these Regulations—within a period of fourteen days; and
(b) in any other case—within a period of thirty days;
“ the country of origin ” means—
(a) in relation to a published work or published cinematograph film the first publication of which took place in one country only, being a country that constitutes, or forms part of, the territory of a Country specified in Part I. or Part II. of the First Schedule to these Regulations—the country so constituting or forming part of that territory;
* Notified in the Commonwealth Gazette on 1969.
13930/69—Price 15c 10/17.4.1969
(b) in relation to a published work or published cinematograph film the first publications of which look place simultaneously in a country that constitutes, or forms part of, the territory of a Country specified in Part I. of the First Schedule to these Regulations and in a country that does not constitute, or form part of, the territory of a Country so specified—the former country;
(c) in relation to a published work or published cinematograph film the first publications of which took place simultaneously in a country that constitutes, or forms part of, the territory of a Country specified in Part II. of the First Schedule lo these Regulations and in a country that does not constitute, or form part of, the territory of a Country specified in Part I. or Part II. of that Schedule—the former country;
(d) in relation to a published work or published cinematograph film the first publications of which took place simultaneously in two or more countries each of which constitutes, or forms part of, the territory of a Country specified in Part I. of the First Schedule to these Regulations—the country the law of which confers the shortest term of protection in the nature of copyright in relation to the work or film;
(c) in relation to a published work or published cinematograph film the first publications of which look place simultaneously in two or more countries each of which constitutes, or forms part of, the territory of a Country specified in Part II. of the First Schedule to these Regulations—the country the law of which confers the shortest term of protection in the nature of copyright in relation to the work or film;
(f) in relation to an unpublished work or in relation to a published work the first publication of which took place only in a country that constitutes, or forms part of, the territory of a Country not specified in Part I. or Part II. of the First Schedule to these Regulations whichever of the following countries confers the longest term of protection in the nature of copyright in relation to the work or other subject-matter:—
(i) a country of which the author was a national or citizen at a material time;
(ii) a country in which the author was resident at a material time; and
(g) in relation to an unpublished cinematograph film or in relation to a published cinematograph film the first publication of which took place only in a country that constitutes, or forms part of, the territory of a Country not specified in Part I. or Part II. of the First Schedule to these Regulations—whichever of the following countries confers the longest term of protection in the nature of copyright in relation to the film:—
(i) a country of which the maker was a national or citizen at a material time;
(ii) a country in which the maker was resident at a material time;
(iii) a country under the law of which the maker, being a body corporate, was incorporated at a material time;
(iv) a country in which the recording or film was made; “ the Act ” means the Copyright Act 1968.
(2.) A reference in these Regulations to a subject-matter other than a work shall be read as a reference to a sound recording, a cinematograph film or a published edition of a work or works.
(3.) 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
(b) has, in that section, a defined or other specified meaning, has the same meaning in that regulation.
(4.) For the purposes of these Regulations, unless the contrary intention appears—
(a) the overseas Departments and Territories of the French Republic shall be deemed to form part of the territory of that Republic;
(b) Land Berlin shall be deemed to form part of the territory of the Federal Republic of Germany;
(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 the Portuguese Republic shall be deemed to form part of the territory of that Republic;
(e) the Channel Islands, the Isle of Man, the British Solomon Islands Protectorate 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, the Panama Canal Zone 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.
(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 other subject-matter 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 other subject-matter any one or more of the acts that are comprised in the copyright in the work or other subject-matter under the Act.
Application of Act to Convention countries.
4.—(1.) Subject to these Regulations, the provisions of the Act apply in relation to literary, dramatic, musical and artistic works and editions first published, and sound recordings and cinematograph films made or first published, in a country that constitutes, or forms part of, the territory of a Country specified in Part I. or Part II. of the First Schedule to these Regulations in like manner as those provisions apply in relation to literary, dramatic, musical and artistic works and editions first published, and sound recordings and cinematograph films made or first published, in Australia.
(2.) Subject to these Regulations, the provisions of the Act apply in relation to artistic works that—
(a) are buildings situated in a country that constitutes, or forms part of, the territory of a Country specified in Part I. or Part II. of the First Schedule to these Regulations; or
(b) are attached to, or form part of, buildings situated in that country, in like manner as those provisions apply in relation to artistic works that are buildings situated in Australia or are attached to, or form part of, buildings situated in Australia.
(3.) Subject to these Regulations, the provisions of the Act relating to works and other subject-matter apply in relation to persons who, at a material time, are citizens or nationals of a Country specified in Part I. or Part II. of the First Schedule to these Regulations in like manner as those provisions apply in relation to persons who, at a material time, are Australian citizens.
(4.) Subject to these Regulations, the provisions of the Act relating to works and other subject-matter apply in relation to persons who, at a material time, are resident in a country that constitutes, or forms part of, the territory of a Country specified in Part I. or Part II. of the First Schedule to these Regulations in like manner as those provisions apply in relation to persons who, at a material time, are resident in Australia.
(5.) Subject to these Regulations, the provisions of the Act apply in relation to bodies incorporated under the law of a country that constitutes, or forms part of, the territory of a Country specified in Part I. or Part II. of the First Schedule to these Regulations in like manner as those provisions apply in relation to bodies incorporated under a law of the Commonwealth or of a State.
Term of copyright in overseas work or film not to exceed that under law of country of origin.
5. Copyright subsisting in a published work or a published cinematograph film by reason only of the operation of these Regulations ceases to subsist upon the expiration of the term of the protection in the nature of copyright that subsists in relation to such a work or film under the law of the country of origin of the work or film.
Copyright in certain sound recordings not to include rights in respect of public performance.
6.—(1.) Where—
(a) copyright subsists in a published sound recording by virtue only of the operation of these Regulations;
(b) any of the following sub-paragraphs is applicable:—
(i) the maker of the recording was, at the time when the recording was made, a citizen or national of a Country specified in Part I. or Part II. of the First Schedule to these Regulations;
(ii) the maker of the recording was, at that time, a person resident in, or a body corporate incorporated under the law of, a country that constitutes, or forms part of, the territory of a Country referred to in the last preceding sub-paragraph;
(iii) the recording was made in a country that constitutes, or forms part of, the territory of a Country so referred to; and
(c) none of the following laws confers in respect of the recording a protection in the nature of copyright that gives to the person entitled to the protection the exclusive right to cause the recording to be heard in public:—
(i) the law of the Country of which the maker was such a citizen or national;
(ii) the law of the country in which the maker was so resident;
(iii) the law under which the maker was so incorporated; and
(iv) the law of the country in which the recording was so made,
this regulation applies in relation to that recording.
(2.) Where this regulation applies in relation to a sound recording and—
(a) the recording has been published in Australia; or
(b) a period of seven weeks has elapsed from the date of the first publication of the recording,
copyright in the recording does not include the exclusive right to cause the recording to be heard in public.
Copyright in certain sound recordings not to include rights in respect of broadcasting.
7,—(1.) Subject to this regulation, where—
(a) copyright subsists in a published sound recording by virtue only of the operation of these Regulations;
(b) any of the following sub-paragraphs is applicable:—
(i) the maker of the recording was, at the time when the recording was made, a citizen or national of a Country specified in Part I. or Part II. of the First Schedule to these Regulations;
(ii) the maker of the recording was, at that time, a person resident in, or a body corporate incorporated under the law of, a country that constitutes, or forms part of, the territory of a Country referred to in the last preceding sub-paragraph;
(iii) the recording was made in a country that constitutes, or forms part of, the territory of a Country so referred to; and
(c) none of the following laws confers in respect of the recording a protection in the nature of copyright that gives to the person entitled to the protection the exclusive right to broadcast the recording:—
(i) the law of the Country of which the maker was such a citizen or national;
(ii) the law of the country in which the maker was so resident;
(iii) the law under which the maker was so incorporated; and
(iv) the law of the country in which the recording was so made,
this regulation applies in relation to that recording.
(2.) This regulation does not apply in relation to a sound recording that has not been published in Australia if—
(a) the recording consists of, or includes, a musical work in which copyright subsists;
(b) the musical work was made for the purpose of being performed, or has been performed, in association with a dramatic work or has been included in a cinematograph film; and
(c) records of the musical work have not been supplied (whether by sale or otherwise) to the public in Australia.
(3.) For the purposes of paragraph (c) of the last preceding sub-regulation, a supplying of records of a musical work shall be disregarded if the supplying was done otherwise than by, or with the licence of, the owner of the copyright in the work.
(4.) Where this regulation applies in relation to a sound recording and—
(a) the recording has been published in Australia; or
(b) a period of seven weeks has elapsed from the date of the first publication of the recording,
copyright in the recording does not include the exclusive right to broadcast the recording.
Copyright not to subsist in overseas editions in certain cases.
8. Where copyright subsists in a published edition of a work or works by reason only of the operation of these Regulations, that copyright subsists only so long as protection in the nature of copyright subsists in relation to the edition under the law of any of the following countries:—
(a) a country of which the publisher of the edition was a national or citizen at a material time, being a Country specified in Part I. or Part II. of the First Schedule to these Regulations;
(b) a country—
(i) in which the edition was first published;
(ii) in which the publisher of the edition was resident at a material time; or
(iii) under the law of which the publisher of the edition, being a body corporate, was incorporated at a material time,
being a country that constitutes, or forms part of, the territory of a Country specified in Part I. or Part II. of the First Schedule to these Regulations.
Certain provisions of the Act not to apply in relation to certain existing overseas recordings or works.
9.—(1.) Section 89 of the Act does not apply in relation to a sound recording that was made before the commencement of these Regulations if copyright subsists in the recording by reason only of any one or more of the following:—
(a) the maker having been, at a material time, a national or citizen of a Country specified in Part II. of the First Schedule to these Regulations;
(b) the maker having been, at a material time, a body corporate incorporated under the law of a country that constitutes, or forms part of, the territory of a Country so specified;
(c) the maker having been, at a material time, resident in a country that constitutes, or forms part of, the territory of a Country so specified;
(d) the first publication of the recording having taken place in a country that constitutes, or forms part of, the territory of a Country so specified.
(2.) Section 210 of the Act does not apply in relation to a work first published before the commencement of these Regulations where—
(a) the first publication of the work took place in a country that constitutes, or forms part of, the territory of a Country specified in the Second Schedule to these Regulations;
(b) the author was, at a material time, resident in a country that constitutes, or forms part of, the territory of a Country so specified; or (c) the author was, at a material time, a national or citizen of a Country so specified.
(3.) Division 5 of Part XI. of the Act does not apply in relation to a work made before the first day of July, 1912, where—
(a) the first publication of the work took place in a country that constitutes, or forms part of, the territory of a Country specified in the Second Schedule to these Regulations;
(b) the author was, at a material time, a national or citizen of a Country so specified; or
(c) the author was, at a material time, resident in a country that constitutes, or forms part of, the territory of a Country so specified.
Modification of section 63 of the Act in relation to certain foreign musical works.
10.—(1.) In the application, by virtue of these Regulations, of section 63 of the Act in relation to a musical work of which the country of origin is a Country specified in the Second Schedule to these Regulations or a country that constitutes, or forms part of, the territory of a Country so specified, the references in sub-sections (1.) and (2.) of that section to the first day of July, 1912, shall be read as references to the date of commencement of the Act.
(2.) In the application, by virtue of these Regulations, of section 63 of the Act in relation to a musical work of which the country of origin is a Country specified in the first column of the Third Schedule to these Regulations or a country that constitutes, or forms part of, the territory of a Country so specified, the references in sub-sections (1.) and (2.) of that section to the first day of July, 1912, shall be read as references to the date set out in the second column of that Schedule opposite to the name of that country.
(3.) In this regulation, “ country of origin ” has the same meaning as in the International Convention for the Protection of Literary and Artistic Works concluded at Berne on the ninth day of September, 1886, and revised at Berlin on the thirteenth day of November, 1908, and at Rome on the second day of June, 1928.
Modification of application of provisions of Act.
11. Where a person has, at any time before the date of commencement of these Regulations, taken action whereby he has incurred expenditure or liability in connexion with the doing of any act in relation to a work or other subject-matter in a manner that at that time was lawful, or for the purpose of or with a
view to the doing of any act in relation to a work or other subject-matter at a time when the doing of that act would, but for the making of these Regulations, have been lawful, nothing in these Regulations diminishes or prejudices any right or interest arising from or in connexion with that action that is subsisting and valuable immediately before the date of commencement of these Regulations unless the person who by virtue of the operation of these Regulations has the exclusive right to do that act agrees to pay to the first-mentioned person such compensation as is reasonable in the circumstances.
THE SCHEDULES
FIRST SCHEDULE Regulations 3 and 4.
Part I.
Argentine Republic
Republic of Austria
Kingdom of Belgium
Federative Republic of Brazil
People’s Republic of Bulgaria
Federal Republic of Cameroon
Canada
Ceylon
Democratic Republic of the Congo
Republic of the Congo
Republic of Cyprus
Czechoslovak Socialist Republic
Republic of Dahomey
Kingdom of Denmark
Republic of Finland
French Republic
Gabonese Republic
Federal Republic of Germany
Kingdom of Greece
Holy See
Hungarian People’s Republic
Republic of Iceland
Republic of India
Republic of Ireland
State of Israel
Italian Republic
Republic of the Ivory Coast
Japan
Lebanese Republic
Principality of Liechtenstein
Grand Duchy of Luxembourg
Malagasy Republic
Republic of Mali
Malta
United Mexican States
Principality of Monaco
Kingdom of Morocco
First Schedule—continued
Kingdom of the Netherlands
New Zealand
Republic of the Niger
Kingdom of Norway
Pakistan
Republic of the Philippines
Polish People’s Republic
Portuguese Republic
Socialist Republic of Rumania
Republic of Senegal
Republic of South Africa
Spanish State
Kingdom of Sweden
Swiss Confederation
Kingdom of Thailand
Republic of Tunisia
Republic of Turkey
United Kingdom of Great Britain and Northern Ireland
Republic of the Upper Volta
Eastern Republic of Uruguay
Socialist Federal Republic of Yugoslavia
Part II.
Andorra
Kingdom of Cambodia
Republic of Chile
Republic of Costa Rica
Republic of Cuba
Republic of Ecuador
Republic of Ghana
Republic of Guatemala
Republic of Haiti
Republic of Kenya
Kingdom of Laos
Republic of Liberia
Republic of Malawi
Republic of Nicaragua
Federal Republic of Nigeria
Republic of Panama.
Republic of Paraguay
Republic of Peru
United States of America
Republic of Venezuela
Republic of Zambia
SECOND SCHEDULE Regulations 9 (2.) and (3.) and 10 (1.).
Argentine Republic
United Mexican States
Republic of the Philippines
Republic of Turkey
Eastern Republic of Uruguay
THIRD SCHEDULE Regulation 10 (2.).
First Column | Second Column |
Republic of Austria...................................... | 1 February 1923 |
Kingdom of Belgium..................................... | 1 February 1923 |
Federative Republic of Brazil................................ | 1 February 1923 |
People’s Republic of Bulgaria............................... | 1 February 1923 |
Federal Republic of Cameroon............................... | 30 April 1969 |
Democratic Republic of the Congo............................ | 30 April 1969 |
Republic of the Congo.................................... | 30 April 1969 |
Czechoslovak Socialist Republic............................. | 1 February 1923 |
Republic of Dahomey..................................... | 30 April 1969 |
Kingdom of Denmark..................................... | 1 February 1923 |
Republic of Finland...................................... | 30 April 1969 |
French Republic........................................ | 1 February 1923 |
The Overseas Departments and Territories of the French Republic....... | 30 April 1969 |
Gabonese Republic...................................... | 30 April 1969 |
Federal Republic of Germany................................ | 1 February 1923 |
Kingdom of Greece...................................... | 1 February 1923 |
Holy See............................................. | 30 April 1969 |
Hungarian People’s Republic................................ | 1 February 1923 |
Republic of Iceland...................................... | 30 April 1969 |
State of Israel.......................................... | 1 October 1920 |
Italian Republic......................................... | 1 February 1923 |
Republic of the Ivory Coast................................. | 30 April 1969 |
Japan................................................ | 1 February 1923 |
Lebanese Republic....................................... | 30 April 1969 |
Principality of Liechtenstein................................ | 30 April 1969 |
Grand Duchy of Luxembourg................................ | 1 February 1923 |
Malagasy Republic...................................... | 30 April 1969 |
Republic of Mali........................................ | 30 April 1969 |
Principality of Monaco.................................... | 1 February 1923 |
Kingdom of Morocco..................................... | 1 February 1923 |
Kingdom of the Netherlands................................ | 1 February 1923 |
Republic of the Niger..................................... | 30 April 1969 |
Kingdom of Norway..................................... | 1 February 1923 |
Polish People’s Republic................................... | 1 February 1923 |
Portuguese Republic..................................... | 1 February 1923 |
The Overseas Provinces of the Portuguese Republic................. | 30 April 1969 |
Socialist Republic of Rumania............................... | 30 April 1969 |
Republic of Senegal...................................... | 30 April 1969 |
Spanish State.......................................... | 1 February 1923 |
Kingdom of Sweden...................................... | 1 February 1923 |
Swiss Confederation..................................... | 1 February 1923 |
Kingdom of Thailand..................................... | 30 April 1969 |
Republic of Tunisia...................................... | 1 February 1923 |
Republic of the Upper Volta................................ | 30 April 1969 |
Socialist Federal Republic of Yugoslavia........................ | 30 April 1969 |
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra