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Copyright Regulations (Amendment)

Authoritative Version
  • - F1996B01615
  • No longer in force
SR 1992 No. 165 Regulations as made
These Regulations amend the Copyright Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR18-Aug-1992
Tabled Senate18-Aug-1992
Gazetted 25 Jun 1992
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

 

 

 

 

 

 

 

Statutory  Rules  1992   No. 1651

__________________

 

 

Copyright Regulations 2 (Amendment)

 

 

I, THE 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 18 June 1992.

 

                                                                                         BILL HAYDEN

                                                                                        Governor-General

          By His Excellency’s Command,

 

 

MICHAEL DUFFY

Attorney-General

_________

 

 

1.   Amendment

1.1   The Copyright Regulations are amended as set out in these Regulations.

 

[NOTE: These Regulations commence on gazettal:  see Acts Interpretation Act 1901, s. 48]


 

2.   Regulation 6 (Countries in relation to which Division 6 of Part III of the Act applies)

2.1   Paragraph 6 (2) (b):

Omit the paragraph.

 

 

3.   Regulation 8 (Payment of royalty by manufacturer of records of musical works)

3.1   Omit the regulation, substitute:

 

Payment of royalty by manufacturer of records of musical works

              “8.  Where sub-subparagraph 55 (1) (d) (ii) (b) of the Act applies, the prescribed royalty, within the meaning of section 55 of the Act, is to be paid in accordance with regulations 9 to 14, inclusive, of these Regulations.”.

 

 

4.   Regulation 9 (Payment of royalty by affixing adhesive labels)

4.1   Subregulation 9 (1):

Omit all the words from and including “shall, for the purposes” to the end, substitute “constitutes a manner of payment of the prescribed royalty in respect of the record.”.

 

 

5.   Regulation 10 (Payment of royalty where owner of copyright fails to supply adhesive labels)

5.1   Subregulation 10 (1):

Omit “of sub-paragraph (ii) of paragraph (d) of sub-section (1) of section 55 of the Act in relation to the payment of a royalty”, substitute “of sub-subparagraph 55 (1) (d) (ii) (b) of the Act to the payment of a prescribed royalty”.

 

 

6.   Regulation 11 (Deposit of moneys by manufacturer of records with owner of copyright in musical work)

6.1   Subregulation 11 (1):

Omit “For the purposes of sub-paragraph (ii) of paragraph (d) of sub-section (1) of section 55 of the Act, the royalty”, substitute “For the purposes of sub-subparagraph 55 (1) (d) (ii) (b) of the Act, the prescribed royalty”.


 

6.2   Subregulation 11 (3):

Omit all the words from and including “to the amount that bears” to the end, substitute “to the amount ascertained in accordance with the formula:

 

 

where:

A    is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year immediately preceding the date on and from which the deposit has effect; and

B    is the number of whole months included in the first period that is an accounting period in relation to the owner and the manufacturer; and

C    is the number of whole months of the year that are included in the period of one year immediately preceding the date on and from which the deposit has effect and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act  by him or her to the owner.”.

 

6.3   After subregulation 11 (3), insert:

           “(3a)  The manufacturer must, subject to this regulation, maintain the amount, ascertained in accordance with the formula in subregulation (3), on deposit with the owner of the copyright .”.

 

6.4   Subregulation 11 (9):

Omit all the words from and including “to the amount that bears” to the end, substitute “to the amount ascertained in accordance with the formula:

 

 

where:

A    is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year (in this subregulation referred to as ‘the relevant period’) immediately preceding that day; and


 

B    is the number of whole months included in the last period that was an accounting period in relation to the owner and the manufacturer and ended on or before that day; and

C    is the number of whole months of the year that are included in the relevant period and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act by him or her to the owner.”.

 

 

7.   Regulation 12 (Payment of royalty where owner of copyright cannot be found)

7.1   Subregulation 12 (1):

Omit “the royalty referred to in sub-paragraph (ii) of paragraph (d) of subsection (1) of section 55 of the Act shall, for the purposes of paragraph (b) of sub-section (5) of that section be deemed to” substitute “the prescribed royalty referred to in sub-subparagraph 55 (1) (d) (ii) (b) of the Act is taken to”.

 

 

8.   Regulation 13 (Payment of royalties to certain overseas copyright owners)

8.1   Subregulation 13 (3):

Omit “payment shall, for the purposes of paragraph (b) of sub-section (5) of section 55 of the Act, be deemed to” substitute “the prescribed royalty referred to in sub-subparagraph 55 (1) (d) (ii) (b) of the Act is taken to”.

 

 

9.   Regulation 15a (Variation of sub-section 56 (1) of the Act in its application in respect of records generally)

9.1   Omit the regulation.

 

 

10.   Schedule 8 (Countries in relation to which Division 6 of Part III of the Copyright Act 1968 applies)

10.1   Omit the Schedule substitute:


                                                SCHEDULE 8                                 Regulation 6

 

COUNTRIES IN RELATION TO WHICH DIVISION 6 OF PART III

 OF THE ACT APPLIES

 


Algeria

Andorra

Argentina

Austria

Bahamas

Bangladesh

Barbados

Belgium

Belize

Benin

Bolivia

Brazil

Bulgaria

Burkina Faso

Cambodia

Cameroon, Republic of

Canada

Central African

   Republic

Chad

Chile

Colombia

Congo

Costa Rica

Côte d’Ivoire

Cuba

Cyprus

Czech and Slovak

   Federal Republic

Denmark

Dominican Republic

Ecuador

Egypt, Arab Republic

   of

El Salvador

Fiji

Finland

France

Gabon

Germany, Federal

   Republic of

Ghana

Greece

Guatemala

Guinea

Guinea-Bissau

Haiti

Holy See

Honduras

Hungary

Iceland

India

Ireland

Israel

Italy

Japan

Kenya

Korea, Republic of

Lao People’s

   Democratic

   Republic

Lebanon

Lesotho, Kingdom of

Liberia

Libyan Arab

   Jamahiriya

Liechtenstein

Luxembourg

Madagascar

Malawi

Malaysia

Mali

Malta

Mauritania

Mauritius

Mexico

Monaco

Morocco

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Pakistan

Panama

Paraguay

Peru

Philippines

Poland

Portugal

Romania

Rwanda

Saint Vincent and the

   Grenadines

Senegal

Singapore

South Africa

Spain

Sri Lanka

Suriname

Sweden

Switzerland

Thailand

The Russian Federation

The United Kingdom

Togo

Trinidad and Tobago

Tunisia

Turkey

United States of

   America

Uruguay

Venezuela

Yugoslavia

Zaire

Zambia

Zimbabwe

 

 

 

 


 

_________________


 

NOTES

 

1.      Notified in the Commonwealth of Australia Gazette on 25 June 1992.

 

2.      Statutory Rules 1969 No. 58 as amended by 1981 Nos. 148 and 355; 1982 No. 65; 1983 Nos. 126, 128 and 293; 1984 Nos. 175 and 275; 1987 No. 34; 1988 No. 125; 1990 Nos. 4, 5, 76 and 301.