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Copyright Amendment Regulations 2010 (No. 1)

Authoritative Version
  • - F2010L02831
  • No longer in force
SLI 2010 No. 249 Regulations as made
These Regulations amend the Copyright Regulations 1969 to repeal or amend some provisions as a consequence of the Copyright Amendment Act 2006, replace some of the Schedules to reflect current drafting styles and ensure consistent use of headings, and update the list of international organisations to which the Copyright Act 1968 applies.
Administered by: Attorney-General's
Registered 29 Oct 2010
Tabling HistoryDate
Tabled HR15-Nov-2010
Tabled Senate15-Nov-2010
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Copyright Amendment Regulations 2010 (No. 1)1

Select Legislative Instrument 2010 No. 249

I, QUENTIN BRYCE, 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 27 October 2010

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

ROBERT McCLELLAND


1              Name of Regulations

                These Regulations are the Copyright Amendment Regulations 2010 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Copyright Regulations 1969

                Schedule 1 amends the Copyright Regulations 1969.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulations 8 to 14

omit

[2]           Regulation 25B

omit

[3]           After regulation 27

insert

28            Transitional — application of repealed regulation 25B

                Despite the repeal of regulation 25B by the Copyright Amendment Regulations 2007 (No. 1), that regulation continues to have effect for acts done before the commencement of item 23 of Schedule 1 to the Copyright Amendment Act 2006.

[4]           Schedules 3, 3A, 3B, 4, 8 and 9

substitute

Schedule 3        Prescribed form of notice to be displayed

(regulations 4B and 17A)

  

Commonwealth of Australia

Copyright Act 1968

Notice about the reproduction of works and the copying of published editions

Warning

Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Certain dealings with copyright will not constitute an infringement, including:

·          a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including a fair dealing for the purposes of research or study; or

·          a reproduction that is authorised by the copyright owner.

It is a fair dealing to make a reproduction for research or study, of one or more articles in a periodical publication for the same research or same course of study or, for any other work, of a reasonable portion of a work.

For a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable portion.

For a published work in electronic form only, a reasonable portion is not more than, in the aggregate, 10% of the number of words in the work.

More extensive reproduction may constitute fair dealing. To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40 (2) of the Act.

A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.

Schedule 3A      Prescribed form of record for an article in a periodical publication

(paragraph 4C (3) (a))

  

Commonwealth of Australia

Copyright Act 1968

Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of an article contained in a periodical publication

 

Item

Matter

Particulars

1

The time and date of the making of the broadcast

 

2

If the International Standard Serial Number for the periodical publication is recorded in the periodical publication — that number

 

3

If the International Standard Serial Number for the publication is not so recorded — the name of the periodical publication

 

4

The title or description of the article

 

5

The name of the author of the article (if that name is known)

 

6

The volume, or volume and number, as the case requires, of the periodical publication containing the article

 

7

The page numbers of the pages in that volume, or in that number of that volume, that have been broadcast, or, if a page so broadcast does not bear a page number, a description of the page that will enable it to be identified

 

Schedule 3B      Prescribed form of record for a work not in a periodical publication

(paragraph 4C (3) (b))

  

Commonwealth of Australia

Copyright Act 1968

Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of a work not being an article contained in a periodical publication

 

Item

Matter

Particulars

1

The time and date of the making of the broadcast

 

2

If the International Standard Book Number in respect of the work is recorded in the edition of the work copied — that number

 

3

If the International Standard Book Number in respect of the work is not so recorded:

 

 

(a)    the title or description of the work; and

 

 

(b)   the name of the publisher of the edition of the work; and

 

 

(c)    the name of the author of the work (if that name is known)

 

4

The page numbers of the pages in the edition of the work that have been broadcast or, if a page so broadcast does not bear a page number, a description of the page that will enable it to be identified

 

Schedule 4        Prescribed form of notice to library user making request

(regulation 4D)

  

Commonwealth of Australia

Copyright Act 1968

Notice for paragraph 49 (7A) (c) of the Copyright Act 1968

Warning

This material has been provided to you under section 49 of the Copyright Act 1968 (the Act) for the purposes of research or study. The contents of the material may be subject to copyright protection under the Act.

Further dealings by you with this material may be a copyright infringement. To determine whether such a communication would be an infringement, it is necessary to have regard to the criteria set out in Division 3 of Part III of the Act.

Schedule 8        Countries to which Division 6 of Part III of the Act applies

(regulation 6)

  


Algeria

Andorra

Argentina

Austria

Bahamas

Bangladesh

Barbados

Belgium

Belize

Benin

Bolivia

Bosnia and Herzegovina

Brazil

Bulgaria

Burkina Faso

Cambodia

Cameroon

Canada

Central African Republic

Chad

Chile

Colombia

Congo

Congo, Democratic Republic of the

Costa Rica

Côte d’Ivoire

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Dominican Republic

Ecuador

Egypt

El Salvador

Fiji

Finland

France

Gabon

Germany

Ghana

Greece

Guatemala

Guinea

Guinea-Bissau

Haiti

Holy See

Honduras

Hungary

Iceland

India

Ireland

Israel

Italy

Japan

Kenya

Korea, Republic of

Kosovo, Republic of

Lao People’s Democratic Republic

Lebanon

Lesotho

Liberia

Libyan Arab Jamahiriya

Liechtenstein

Luxembourg

Macedonia, former Yugoslav Republic of

Madagascar

Malawi

Malaysia

Mali

Malta

Mauritania

Mauritius

Mexico

Monaco

Montenegro

Morocco

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Pakistan

Panama

Paraguay

Peru

Philippines

Poland

Portugal

Romania

Russian Federation

Rwanda

Saint Vincent and the Grenadines

Senegal

Serbia

Singapore

Slovenia

South Africa

Spain

Sri Lanka

Suriname

Sweden

Switzerland

Thailand

Togo

Trinidad and Tobago

Tunisia

Turkey

United Kingdom

United States of America

Uruguay

Venezuela

Zambia

Zimbabwe

Schedule 9        Prescribed form of notice to be displayed for copying of audio‑visual items

(regulation 17A)

  

Commonwealth of Australia

Copyright Act 1968

Notice about the copying of audio‑visual items

Warning

Copyright owners are entitled to take legal action against persons who infringe their copyright. Unless otherwise permitted by the Copyright Act 1968 (the Act), unauthorised use of audio‑visual items in which copyright subsists may infringe copyright in that item.

It is not an infringement of copyright in an audio‑visual item to use that item in a manner that is a fair dealing under section 103C of the Act.

Section 103C of the Act relates to fair dealing for the purpose of research or study and sets out the matters that must be considered in determining whether a reproduction of an audio‑visual item is a fair dealing.

A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.

[5]           Schedules 11, 11AA, 11AB, 11AC, 11A, and 11B

substitute

Schedule 11      Prescribed form of notice to Collector of Customs of Norfolk Island

(subregulation 23 (4))

  

Commonwealth of Australia

Copyright Regulations 1969

Notice for regulation 23

To the Collector of Customs of Norfolk Island.

I,                                    , of                                 , being the owner [or agent of the owner] of the copyright in the work [or works] specified in the Schedule to this notice give you notice that I object [or, where notice is given by the agent, that                                      objects] to the importation into Norfolk Island [here specify the period during which importation is objected to] of copies of the work [or works] to which regulation 23 of the Copyright Regulations 1969 applies.

Dated

                                                                                          [Signature]

[If an agent, insert ‘Agent of Owner’]

THE SCHEDULE

Title (if any) of work —

Description of work —

Full name of author or authors —

Whether author or authors alive —

If the author, or any one or more of the authors, is dead, date or dates of death —

Date and place of first publication of work —

Schedule 11AA Prescribed form of record for copying of a broadcast

(paragraph 23G (a))

  

Commonwealth of Australia

Copyright Act 1968

Record of the copying of a broadcast in reliance on Part VA of the Copyright Act 1968

 

Item

Matter

Particulars

1

The name of the institution for which the broadcast was copied

 

2

The day on which the copying was carried out

 

3

The title, or other identification, of the program or programs included in the broadcast

 

4

The name or call sign of the broadcasting station that made the broadcast

 

5

The day on which the broadcast commenced

 

6

The time when the broadcast commenced

 

7

The number of copies made of the broadcast

 

Schedule 11AB Prescribed form of record for communication of a copy of a broadcast

(paragraph 23G (b))

  

Commonwealth of Australia

Copyright Act 1968

Record of the communication of a copy of a broadcast in reliance on Part VA of the Copyright Act 1968

 

Item

Matter

Particulars

1

The name of the institution for which the communication of a copy of a broadcast was made

 

 

2

The day on which the communication was first made

 

 

3

The title, or other identification, of the program or programs included in the copy communicated

 

 

4

The name or call sign of the broadcasting station that made the broadcast

 

 

5

The day on which the broadcast commenced

 

 

6

The time when the broadcast commenced

 

 

7

The number of times the copy of the broadcast was communicated

 

 

Schedule 11AC Prescribed form of notice for communication by administering body

(regulation 23HB)

  

Commonwealth of Australia

Copyright Act 1968

Form of notice for paragraph 135KA (a) of the Copyright Act 1968

Warning

This material has been copied and communicated to you by or on behalf of [insert name of institution] under Part VA of the Copyright Act 1968 (the Act).

The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright or performers’ protection under the Act.

Do not remove this notice.

Schedule 11A    Prescribed form of record for making a licensed copy

(regulation 23JL)

  

Commonwealth of Australia

Copyright Act 1968

Record of the making of a licensed copy in reliance on Part VB of the Copyright Act 1968

Item

Matter

Particulars

1

The name of the institution for which the licensed copy was made

 

2

The section of the Copyright Act 1968 in reliance on which the copy was made

 

3

The day on which the copy was made

 

4

The full name or the surname and initials of the author/*s of the article or other work(1)

 

5

*The name of the periodical publication in which the article appeared/*The title or other identification of the work/*The title or other identification of the sound recording or cinematograph film

 

6

*The International Standard Serial Number of the periodical publication in which the article appeared/*The International Standard Book Number of the edition containing the work(1)

 

7

The name of the publisher of *the issue of the periodical publication in which the article appeared/ *the edition containing the work(1)

 

8

*The volume and number or the date of publication or other identification of the issue of the periodical publication in which the article appeared/ *The year of publication of the edition containing the work(1)

 

9

The number of pages copied(1)

 

10

The number of copies made of *each page/*the sound recording/*the cinematograph film/copied

 

11

The form in which the copy was made(2)

 

 

*Omit if not applicable.

(1)   Questions 4, 6, 7, 8 and 9 should not be answered if the item copied is a sound recording or cinematograph film.

(2)   Specify the form of the copy: for example, a Braille, large‑print or photographic version, a sound recording or a cinematograph film. Question 11 should not be completed if the form of the copy is a facsimile reproduction.

Schedule 11B    Prescribed form of notice for electronic use notices

(regulation 23JLA)

  

Commonwealth of Australia

Copyright Act 1968

Notice for paragraph 135ZXA (a) of the Copyright Act 1968

Warning

This material has been reproduced and communicated to you by or on behalf of [insert name of institution] under Part VB of the Copyright Act 1968 (the Act).

The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.

Do not remove this notice.

[6]           Schedule 12

substitute

Schedule 12      International organizations to which the Act applies

(regulation 26)

  

United Nations

Food and Agriculture Organization of the United Nations

International Bank for Reconstruction and Development

International Civil Aviation Organization

International Court of Justice

International Development Association

International Finance Corporation

International Labour Organization

International Maritime Organization

International Monetary Fund

International Telecommunication Union

United Nations Educational, Scientific and Cultural Organization

Universal Postal Union

World Health Organization

World Meteorological Organization

Asian Development Bank

Cultural and Social Centre for the Asian and Pacific Region

European Space Agency

International Atomic Energy Agency

International Coffee Council

International Criminal Police Organization — Interpol

International Hydrographic Bureau

International Institute of Refrigeration

International Organization for Migration

International Organization of Legal Metrology

International Sugar Council

International Wheat Council

Organization of American States

Secretariat of the Pacific Community

World Customs Organization


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.