Copyright (International Protection) Amendment Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 21 November 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Mitch Fifield

Minister for Communications and the Arts

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Part 1—Amendments commencing day after registration

Copyright (International Protection) Regulations 1969

Part 2—Amendments commencing 1 January 2019

Copyright (International Protection) Regulations 1969

1  Name

  This instrument is the Copyright (International Protection) Amendment Regulations 2018.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Copyright Act 1968.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendments commencing day after registration

Copyright (International Protection) Regulations 1969

1  Regulation 2

Repeal the regulation, substitute:

2  Authority

  These regulations are made under the Copyright Act 1968.

2  Regulation 3 (after the heading)

Insert:

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) broadcast;

(b) cinematograph film;

(c) sound broadcast;

(d) sound recording;

(e) television broadcast;

(f) work.

3  Subregulation 3(1)

Omit “, unless the contrary intention appears”.

4  Subregulation 3(1)

Insert:

foreign encoded broadcast: see subregulation 4(7C).

5  Subregulation 3(1) (definition of US broadcaster)

Repeal the definition.

6  Regulation 4 (heading)

Repeal the heading, substitute:

4  Protection—application of the Act (other than Part XIA) to specified foreign countries

7  Regulation 4 (after the heading)

Insert:

Scope

 (1AA) For the purposes of section 184 of the Act, this regulation applies certain provisions of the Act (other than Part XIA of the Act (performers’ protection)) in relation to the foreign countries specified in this regulation, subject to the exceptions and modifications specified in this regulation.

8  Subregulation 4(7B)

Repeal the subregulation, substitute:

Encoded broadcasts made from Malaysia and the United States of America

 (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 a foreign 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 foreign encoded broadcast were an Australian encoded broadcast.

 (7C) A foreign encoded broadcast is an encoded broadcast made at a material time by a broadcaster if:

 (a) the broadcast is made from a place in:

 (i) Malaysia; or

 (ii) the United States of America; and

 (b) the broadcaster:

 (i) is entitled, under the law of the country from which the broadcast is made, to make that broadcast; and

 (ii) is, at the material time, a citizen or national of that country, or a person resident in, or a body corporate that has its headquarters in, that country.

 (7D) For the purposes of paragraph 184(3)(a) of the Act, the following international agreements are specified:

 (a) in relation to the application of a provision of Part VAA of the Act to a broadcast made from a place in Malaysia—the Malaysia‑Australia Free Trade Agreement, done at Kuala Lumpur on 22 May 2012;

 (b) in relation to the application of a provision of Part VAA of the Act to a broadcast made from a place in the United States of America—the Australia‑United States Free Trade Agreement done at Washington DC on 18 May 2004.

Note: In 2018, the text of these Agreements was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

9  Regulation 8 (heading)

Repeal the heading, substitute:

8  Protection—application of Part XIA of the Act to specified foreign countries

10  Regulation 8 (after the heading)

Insert:

Scope

 (1A) For the purposes of section 248U of the Act, this regulation applies certain provisions of Part XIA of the Act (performers’ protection) in relation to the foreign countries specified in this regulation, subject to the exceptions and modifications specified in this regulation.

11  Part 4 (heading)

Repeal the heading, substitute:

Part 4—Application, savings and transitional provisions

12  In the appropriate position in Part 4

Insert:

15  Amendments made by the Copyright (International Protection) Amendment Regulations 2018

 (1) The repeal of subregulation 4(7B) of these Regulations and its substitution with new subregulations 4(7B), (7C) and (7D) made by Part 1 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2018 applies in relation to a foreign encoded broadcast made on or after the commencement of this regulation.

 (2) The repeal and substitution of Schedule 3 to these regulations made by Part 2 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2018 applies in relation to:

 (a) a recording heard in public on or after 1 January 2019; and

 (b) a broadcast made on or after 1 January 2019.

Note: Part 2 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2018 commences on 1 January 2019.

Part 2—Amendments commencing 1 January 2019

Copyright (International Protection) Regulations 1969

13  Schedule 3

Repeal the Schedule, substitute:

Schedule 3—Secondary uses of sound recordings

Note: See the definition of Schedule 3 country in subregulation 3(1) and subregulations 6(2) and 7(2).