Copyright Act 1905

Legislation au C1905A00025 Not in force Act

Legislation content

COPYRIGHT.

 

 

No. 25 of 1905.

An Act relating to Copyright.

[Assented to 21st December, 1905.

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

PART I.—PRELIMINARY.

Short title.

1. This Act may be cited as the Copyright Act 1905.

Commencement.

2. This Act shall commence on a day to be fixed by Proclamation.

Parts.

3. This Act is divided as follows :—

Part I.—Preliminary.

Part II.—Administration.

Part III.—Literary, Musical, and Dramatic Copyright.

Part IV.—Artistic Copyright.

Part V.—Infringement of Copyright.

Part VI.—International and State Copyright.

Part VII.—Registration of Copyrights.

Part VIII.—Miscellaneous.

Interpretation.

4. In this Act, unless the contrary intention appears—

“Artistic work” includes—

(a) any painting, drawing, or sculpture ; and

(b) any engraving, etching, print, lithograph, woodcut, photograph, or other work of art produced by any process, mechanical or otherwise, by which impressions or representations of works of art can be taken or multiplied:

“Author” includes the personal representatives of an author:

“Book” includes any book or volume, and any part or division of a book or volume, and any article in a book or volume, and any pamphlet, periodical, sheet of letterpress, sheet of music, map, chart, diagram, or plan separately published, and any illustration therein:


“Dramatic work,” in addition to being included in the definition of book, means any tragedy, comedy, play, drama, farce, burlesque, libretto of an opera, entertainment, or other work of a like nature, whether set to music or otherwise, lyrical work set to music, or other scenic or dramatic composition:

“Lecture” includes a sermon:

“Musical work” in addition to being included in the definition of book, includes any combination of melody and harmony, or either of them, printed, reduced to writing, or otherwise graphically produced or reproduced:

“Periodical” means a review, magazine, newspaper, or other periodical work of a like nature:

“Pirated artistic work” means a reproduction of an artistic work made in any manner without the authority of the owner of the copyright in the artistic work :

“Pirated book” means a reproduction of a book made in any manner without the authority of the owner of the copyright in the book:

“Portrait” includes any work the principal object of which is the representation of a person by painting, drawing, engraving, photography, sculpture, or any form of art:

“Publish” and “Publication” in relation to a book refer to offer for sale or distribution, in each case with the privity of the author, so as to make the book accessible to the public:

“The Registrar” means the Registrar of Copyrights or a Deputy Registrar of Copyrights:

“State Copyright Act” means any State Act relating to the registration of the copyright or performing right, or lecturing right in books, or dramatic…

Overview

The Copyright Act 1905, enacted by the Parliament of Australia, was established to address the need for a comprehensive legal framework governing copyright in Australia. The Act aimed to provide protection to authors, artists, and other creators by granting them exclusive rights over their works, thus ensuring they could benefit from their intellectual property. The policy objective was to foster creativity and innovation by providing a balance between the rights of creators and the public interest in accessing and using creative works. The Act created a systematic approach to the registration, enforcement, and administration of copyright, setting the foundation for future copyright laws in Australia.

Scope and Application

The Copyright Act 1905 applies to literary, musical, dramatic, and artistic works created or published in Australia, governing the exclusive rights of authors, composers, and artists to control the reproduction, performance, and distribution of their works. The Act applies to both Australian and foreign authors, provided their works are published in Australia. It covers books, musical and dramatic works, lectures, and artistic works such as paintings, photographs, and engravings. The Act establishes the term of copyright as the author's life plus 7 years, or 42 years from the creation of the work, whichever is longer. It also outlines the rights of authors to authorize or prohibit the reproduction, translation, and adaptation of their works. The Act includes provisions for the registration of copyrights and the administration of these rights through the Registrar of Copyrights. Furthermore, the Act delineates specific infringements, such as unauthorized reproduction and distribution of copyrighted works, and provides remedies for copyright holders, including damages and injunctions. Notably, the Act excludes protection for blasphemous, indecent, seditious, or libelous works, and it includes provisions for the protection of international copyrights and the registration of international and state copyrights. Subordinate instruments may extend or clarify the application of certain provisions, but the primary scope and application of the Act are contained within its text.

Key Provisions

  • The Copyright Act 1905 establishes the legal framework for copyright protection in Australia. The Act covers various forms of intellectual property, including literary, musical, dramatic, and artistic works. The key provisions of the Act include the establishment of the Registrar of Copyrights and the Copyright Office, which are responsible for the administration of the Act. Copyright is defined as the exclusive right to reproduce, perform, or publish a work, and it extends to various types of creative works, such as books, musical compositions, dramatic works, and artistic works. The Act specifies the term of copyright, which is generally the life of the author plus 70 years or 42 years from publication, whichever is longer. Ownership of copyright typically belongs to the author of the work, but it can also be assigned or licensed to others. The Act outlines the rights of copyright owners, including the right to sue for infringement and the right to seek damages or injunctions against infringers. Infringement of copyright is defined as the unauthorized use of a copyrighted work, and it can result in civil or criminal penalties, including fines and imprisonment. The Act also includes provisions for the registration of copyrights, which is necessary for certain legal actions. Additionally, the Act provides for the protection of international and state copyrights, ensuring that Australian copyright law is compatible with international treaties and state laws. The Act further details the obligations imposed on individuals and entities, such as the requirement to obtain permission for certain uses of copyrighted material and the responsibility to respect copyright notices and restrictions. Offences under the Act include the sale, distribution, or importation of pirated works, the unauthorized performance or reproduction of copyrighted material, and the making of false statements to the Registrar. Penalties for these offences range from fines to imprisonment, depending on the severity of the infringement. The Act also includes provisions for the search and seizure of pirated works, the delivery of pirated works to copyright owners, and the forfeiture of infringing materials. The Act allows for the registration of international and state copyrights, ensuring that foreign and state copyrights are recognized and protected under Australian law. Overall, the Copyright Act 1905 provides a comprehensive legal framework for the protection and enforcement of copyright in Australia, balancing the rights of copyright owners with the interests of the public.

Legal classification tags

Area of Law
Intellectual Property Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Licensing & Registration
Infringement of Copyright
Penalties for dealing with pirated books
International and State Copyright

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.