Copyright Tribunal (Procedure) Amendment Regulations 2004 (No. 1)1
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Copyright Act 1968.
Dated 16 December 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
PHILIP RUDDOCK
Contents
1 Name of Regulations
2 Commencement
3 Amendment of Copyright Tribunal (Procedure) Regulations 1969
Schedule 1 Amendment commencing on 1 January 2005
Schedule 2 Amendment commencing on commencement of the provisions covered by item 2 of the table in subsection 2 (1) of the US Free Trade Agreement Implementation Act 2004
These Regulations are the Copyright Tribunal (Procedure) Amendment Regulations 2004 (No. 1).
These Regulations commence as follows:
(a) on 1 January 2005 — regulations 1, 2 and 3, and Schedule 1;
(b) on the commencement of the provisions covered by item 2 of the table in subsection 2 (1) of the US Free Trade Agreement Implementation Act 2004 — Schedule 2.
3 Amendment of Copyright Tribunal (Procedure) Regulations 1969
Schedules 1 and 2 amend the Copyright Tribunal (Procedure) Regulations 1969.
Schedule 1 Amendment commencing on 1 January 2005
(regulation 3)
[1] After regulation 33C
insert
33D Applications to Tribunal for determination of reasonable compensation payable — copyright in photographs
(1) This regulation applies to an application made to the Tribunal under item 118 of the USFTAIA.
(2) An application must:
(a) identify the photograph to which the application relates; and
(b) set out the names of the parties to the application, identifying:
(i) the owner of the copyright in the photograph (the copyright owner); and
(ii) the person mentioned in paragraph (1) (b) of item 118 of the USFTAIA (the copyright user); and
(c) set out the circumstances or events giving rise to the application; and
(d) be accompanied by:
(i) the written agreement mentioned in paragraph (1) (b) of item 118 of the USFTAIA that is the subject of the application, or a copy of the agreement; or
(ii) if the applicant does not have access to the agreement, or a copy — a statement to that effect; and
(e) specify the date or the approximate date on which the copyright in the photograph ends; and
(f) be accompanied by a copy of the written notice of objection (if any) given by the copyright owner to the copyright user; and
(g) specify the amount of compensation already offered by the copyright owner to the copyright user and the date on which the offer was made; and
(h) ask the Tribunal to determine an amount of reasonable compensation to be paid by the copyright owner to the copyright user.
(3) If the Tribunal is satisfied that an amount of reasonable compensation must be paid, the Tribunal must specify the date by which the copyright owner must pay the amount of compensation.
(4) In this regulation:
owner has the meaning given by subitem 118 (8) of the USFTAIA.
USFTAIA means the US Free Trade Agreement Implementation Act 2004.
(regulation 3)
[1] Before regulation 34
insert
33E Applications to Tribunal for determination of reasonable compensation — copyright in works and other subject matter
(1) This regulation applies to an application made to the Tribunal under item 132 of the USFTAIA.
(2) An application must:
(a) identify the work or other subject matter to which the application relates; and
(b) set out the names of the parties to the application, identifying:
(i) the owner of the copyright in the work or other subject matter (the copyright owner); and
(ii) the person mentioned in paragraph (1) (b) of item 132 of the USFTAIA (the copyright user); and
(c) set out the circumstances or events giving rise to the application; and
(d) be accompanied by:
(i) the written agreement mentioned in paragraph (1) (b) of item 132 of the USFTAIA that is the subject of the application, or a copy of the agreement; or
(ii) if the applicant does not have access to the agreement, or a copy — a statement to that effect; and
(e) specify the date or the approximate date on which the copyright in the work or other subject matter ends; and
(f) be accompanied by a copy of the written notice of objection (if any) given by the copyright owner to the copyright user; and
(g) specify the amount of compensation already offered by the copyright owner to the copyright user and the date on which the offer was made; and
(h) ask the Tribunal to determine an amount of reasonable compensation to be paid by the copyright owner to the copyright user.
(3) If the Tribunal is satisfied that an amount of reasonable compensation must be paid, the Tribunal must specify the date by which the copyright owner must pay the amount of compensation.
(4) In this regulation:
owner has the meaning given by subitem 132 (8) of the USFTAIA.
USFTAIA means the US Free Trade Agreement Implementation Act 2004.
Notes
1. These Regulations amend Statutory Rules 1969 No. 59, as amended by 1974 No. 186; 1983 No. 125; 1987 No. 35; 1992 No. 166; 1998 No. 357; 2001 No. 9.
2. Notified in the Commonwealth of Australia Gazette on 23 December 2004.