1Â Â Â Â Â Â Â Â Â Â Â Â Â Name of regulations [see Note 1]
               These regulations are the Copyright (International Protection) Regulations 1969.
2Â Â Â Â Â Â Â Â Â Â Â Â Â Commencement [see Note 1]
               These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.
3Â Â Â Â Â Â Â Â Â Â Â Â Â Interpretation
        (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to, or in relation to the application of the Act in respect of, a work or subject matter other than a work that is unpublished: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.
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 means a broadcasting organisation that:
               (a)   has its headquarters in the country from which the sound broadcast or the television broadcast, as the case may be, is made; and
              (b)   is entitled under the law of that country to make that sound broadcast or that television broadcast, as the case may be.
the Act means the Copyright Act 1968.
the International Convention for the Protection of Literary and Artistic Works means the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 or that Convention as revised from time to time.
the Universal Copyright Convention means the Universal Copyright Convention concluded at Geneva on 6 September 1952 or that Convention as revised from time to time.
        (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 sound broadcast, a television broadcast, a cinematograph film or a published edition of a work or works.
        (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.
        (4)  For the purposes of these Regulations, unless the contrary intention appears:
               (a)   the overseas Departments and Territories of France shall be deemed to form part of the territory of France;
             (ba)   the Netherland Antilles shall be deemed to form part of the territory of the Netherlands;
               (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 Portugal shall be deemed to form part of the territory of Portugal;
               (e)   the Channel Islands, the Isle of Man and the colonies of, and states associated with, the United Kingdom shall be deemed to form part of the territory of the United Kingdom; and
               (f)   the Commonwealth of Puerto Rico, Guam 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 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.
4Â Â Â Â Â Â Â Â Â Â Â Â Â Application of the Act
        (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 1, 2 or 5 of Schedule 1 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 1, 2 or 5 of Schedule 1; 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 subject-matter other than a work apply in relation to persons who, at a material time, are citizens or nationals of a Country specified in Part 1, 2 or 5 of Schedule 1 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 subject-matter other than a work 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 1, 2 or 5 of Schedule 1 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 Schedule 1 in like manner as those provisions apply in relation to bodies incorporated under a law of the Commonwealth or of a State.
        (6)  Subject to these Regulations, the provisions of the Act apply in relation to a sound broadcast or a television broadcast that has been made, at a material time, by a relevant broadcaster from a place in a country that constitutes, or forms part of, the territory of a country specified in Part 4 of Schedule 1 in the same way as those provisions apply in relation to a sound broadcast or a television broadcast made from a place in Australia.
4AÂ Â Â Â Â Â Â Â Â Â Application of Act to performances
        (1)  Subject to regulation 10B, the provisions of Part XIA of the Act apply to a performance given in a country that constitutes, or forms part of, the territory of a country specified in Part 4 of Schedule 1 in the same way as those provisions apply to a performance given in Australia.
        (2)  Subject to regulation 10B, the provisions of Part XIA of the Act apply to persons who at a material time are citizens or nationals of a country specified in Part 4 of Schedule 1 in the same way as those provisions apply to persons who, at a material time, are Australian citizens.
        (3)  Subject to regulation 10B, the provisions of Part XIA of the Act apply 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 4 of Schedule 1 in the same way as those provisions apply to persons who, at a material time, are resident in Australia.
        (4)  Subject to regulation 10B, the provisions of Part XIA of the Act apply to the class of performances that comprises performances incorporated in a sound recording if:
               (a)   the maker of the sound recording of a performance is at a material time a citizen, a national or a resident of; or
              (b)   the first recording of the performance occurred in;
               a country that constitutes, or forms part of the territory of, a country specified in Part 4 of Schedule 1.
        (5)  Subject to regulation 10B, the provisions of Part XIA of the Act apply to the class of performances that:
               (a)   comprises performances incorporated in a sound broadcast or a television broadcast (except performances to which subregulation (4) applies); and
              (b)   is made by a relevant broadcaster from a country that constitutes, or forms part of the territory of, a country specified in Part 4 of Schedule 1.
4BÂ Â Â Â Â Â Â Â Â Â Application of the Act to certain performances having a connection with certain World Trade Organization countries
        (1)  In this regulation:
relevant country means a country that constitutes, or forms part of, the territory of a country that:
               (a)   is specified in Part 5 of Schedule 1; and
              (b)   is not specified in Part 4 of Schedule 1.
        (2)  The provisions of Part XIA of the Act, relating to:
               (a)   sound recordings; and
              (b)   sound broadcasts of live performances; and
               (c)   sound transmissions of live performances to subscribers of diffusion services;
               apply to the following performances:
              (d)   a performance by a performer who is a citizen, national or resident of a relevant country;
               (e)   a performance given in a relevant country;
               (f)   a performance recorded by a citizen, national or resident of a relevant country;
               (g)   a performance broadcast by a relevant broadcaster from a relevant country;
               (h)   a performance the first recording of which occurred in a relevant country.
6Â Â Â Â Â Â Â Â Â Â Â Â Â Copyright in certain sound recordings not to include the exclusive right to cause the recording to be heard in public
        (1)  Where copyright subsists in a published sound recording by virtue only of the operation of these Regulations, or the operation of these Regulations and subsection (3) of section 89 of the Act, 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 unless:
               (c)   the maker of the recording was, at the time when the recording was made, a citizen or national of a country specified in Schedule 3;
              (d)   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 specified in Schedule 3; or
               (e)   the recording was made in a country that constitutes, or forms part of, the territory of a country specified in Schedule 3.
7Â Â Â Â Â Â Â Â Â Â Â Â Â Copyright in certain sound recordings not to include rights in respect of broadcast
        (1)  Subject to subregulations (2) and (3), where copyright subsists in a published sound recording by virtue only of the operation of these Regulations, or the operation of these Regulations and subsection (3) of section 89 of the Act, 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 unless:
               (c)   the maker of the recording was, at the time when the recording was made, a citizen or national of a country specified in Schedule 3;
              (d)   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 specified in Schedule 3; or
               (e)   the recording was made in a country that constitutes, or forms part of, the territory of a country specified in Schedule 3.
        (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 subregulation (2), a supply of records of a musical work shall be disregarded if the supply was done otherwise than by, or with the licence of, the owner of the copyright in the work.
8Â Â Â Â Â Â Â Â Â Â Â Â Â Copyright not to subsist in overseas editions in certain cases
               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 1, 2 or 5 of Schedule 1;
              (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 1, 2 or 5 of Schedule 1.
9Â Â Â Â Â Â Â Â Â Â Â Â Â Application of certain provisions of the Act to certain overseas works and other subject matter
        (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 2 of Schedule 1;
              (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)  Where a work was first published before the commencement of the Act in a country specified in Part 1 or 5 of Schedule 1, section 210 of the Act applies to the work as if, for the purpose of determining, for the purpose of that section, whether copyright subsisted in a work under the Copyright Act, 1911 immediately before the commencement of the Act, the work was first published in Australia.
        (3)  Where, in relation to a work that was made before 1 July 1912:
               (a)   the work was first published or performed in; or
              (b)   the author of the work was, at a material time, a national citizen or resident of;
               a country specified in Part 1 or 5 of Schedule 1, Division 5 of Part XI of the Act applies to the work as if:
               (c)   the work was first published or performed in Australia; or
              (d)   the author of the work was, at a material time, an Australian citizen or a resident of Australia.
10Â Â Â Â Â Â Â Â Â Â Â Restriction of the application of the Act to certain classes of published works and subject-matter other than works
        (1)  Notwithstanding regulation 4, copyright does not subsist in a published literary, dramatic, musical or artistic work, a published edition, a published sound recording or a published cinematograph film by reason of the fact that:
               (a)   the work or edition was first published or the sound recording or cinematograph film was made or first published in a designated country;
              (b)   the work, being an artistic work that consists of a building or an artistic work attached to or forming part of a building, is situated in a designated country; or
               (c)   the author of the work, the publisher of the edition or the maker of the sound recording or cinematograph film is a citizen or national of, a person resident in, or a body corporate incorporated under the laws of, a designated country;
               unless the work, edition, sound recording or cinematograph film was first published on or after the day on which the designated country became a party to the Universal Copyright Convention.
        (2)  For the purposes of this regulation, a reference to a designated country is to be read as a reference to:
               (a)   a country; or
              (b)   a country that constitutes, or forms part of, the territory of a country;
               that is specified in Part 2 of Schedule 1 and became a member of the Universal Copyright Convention after 1 May 1969.
10AÂ Â Â Â Â Â Â Â Application of the Act in relation to broadcasts
               In spite of subregulation 4 (6), copyright does not subsist in Australia in a sound broadcast or a television broadcast made from a place outside Australia before the commencement of this regulation.
10BÂ Â Â Â Â Â Â Â Application of the Act in relation to performances
               No rights arising under regulation 4A in relation to a performance subsist in Australia before the commencement of this regulation.
Note Regulation 10B commenced on 2 January 1992.
11Â Â Â Â Â Â Â Â Â Â Â Modification of application of the provisions of the Act
        (1)  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 subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast) 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 subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast) 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.
        (2)  Where:
               (a)   an amendment of these Regulations inserts a Part in, or adds a Part at the end of, Schedule 1 or inserts the name of a country in, or adds the name of a country at the end of, a Part of Schedule 1; and
              (b)   a person has, at any time before the date on which the amendment comes into operation, taken action whereby he has incurred expenditure or liability in connexion with the doing of any act in relation to a work or subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast) 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 subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast) at a time when the doing of that act would, but for the amendment, 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 on which the amendment comes into operation unless the person who, by virtue of the operation of these Regulations upon the country being specified in that Part of that Schedule, has the exclusive right to do that act agrees to pay to the first-mentioned person such compensation as is reasonable in the circumstances.
        (3)  Where:
               (a)   a Part of Schedule 1 is remade;
              (b)   the name of a country is, upon the remaking of the Part, specified in the Part; and
               (c)   the name of that country was not, immediately before the remaking of the Part, specified in the Part;
               the remaking of that Part shall, for the purposes of the last preceding subregulation, be deemed to be an amendment of these Regulations that inserts the name of that country in that Part.
12Â Â Â Â Â Â Â Â Â Â Â Modification of application of provisions of the Act to sound broadcasts and television broadcasts
        (1)  If a person has, at any time before the commencement of this regulation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a sound broadcast, or to a television broadcast, in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a sound broadcast, or to a television broadcast, at a time when the doing of the act would, but for the making of this regulation, have been lawful, nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of this regulation unless the person who, by virtue of the operation of these Regulations, has the exclusive right to do the act agrees to pay reasonable compensation to the first-mentioned person.
        (2)  If:
               (a)   by an amendment of these Regulations the name of a country is included in Part 4 of Schedule 1; and
              (b)   a person has, at any time before the date on which the amendment comes into operation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a sound broadcast, or to a television broadcast, in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a sound broadcast, or to a television broadcast, at a time when the doing of the act would, but for the amendment, have been lawful;
               nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of the amendment unless the person who, by virtue of the country being included in Part 4 of Schedule 1, has the exclusive right to do the act agrees to pay reasonable compensation to the first-mentioned person.
        (3)  For the purposes of subregulation (2), if:
               (a)   Part 4 of Schedule 1 is remade; and
              (b)   on the remaking, the name of a country is included in the Part; and
               (c)   immediately before the remaking, the name of the country was not included in the Part;
               the remaking of the Part is taken to be an amendment of these Regulations that inserts the name of the country in Part 4.
13Â Â Â Â Â Â Â Â Â Â Â Modification of application of provisions of the Act to performances
        (1)  If a person has, at any time before the commencement of this regulation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a performance in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a performance at a time when the doing of the act would, but for the making of this regulation, have been lawful, nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of this regulation unless the performer of the performance agrees to pay reasonable compensation to the person.
        (2)  If:
               (a)   by an amendment of these Regulations the name of a country is included in Part 4 or 5 of Schedule 1; and
              (b)   a person has, at any time before the date on which the amendment comes into operation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a performance in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a performance at a time when the doing of the act would, but for the amendment, have been lawful;
               nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of the amendment unless the performer of the performance agrees to pay reasonable compensation to the person.
        (3)  For the purposes of subregulation (2), if:
               (a)   Part 4 of Schedule 1 is remade; and
              (b)   on the remaking, the name of a country is included in the Part; and
               (c)   immediately before the remaking, the name of the country was not included in the Part;
               the remaking of the Part is taken to be an amendment of these Regulations that inserts the name of the country in Part 4.
        (4)  For the purposes of subregulation (2), if:
               (a)   Part 5 of Schedule 1 is remade; and
              (b)   on the remaking, the name of a country is included in the Part; and
               (c)   immediately before the remaking, the name of the country was not included in the Part;
               the remaking of the Part is taken to be an amendment of these Regulations that inserts the name of the country in Part 5.
        (5)  This regulation is taken not to apply to, or to affect the application of, section 248QA of the Act as applied by a provision of these Regulations.