COPYRIGHT.
No. 20 of 1912.
An Act relating to Copyright.
[Assented to 20th November, 1912.]
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 1.—Preliminary.
Short title.
1. This Act may be cited as the Copyright Act 1912.
Parts.
2. This Act is divided into Parts as follows:—
Part I.—Preliminary.
Part II.—Copyright.
Part III.—Summary Remedies.
Part IV.—The Copyright Office.
Part V.—Miscellaneous.
Definitions.
3. In this Act, unless the context otherwise requires—
(a) “the British Copyright Act” means the Copyright Act 1911 of the United Kingdom (1 & 2 Geo. 5, ch. 46) ;
(b) words and expressions defined in the British Copyright Act have the same meanings as in that Act ;
(c) “Territory” means a Territory of the Commonwealth which is part thereof.
Repeal.
4. The Copyright Act 1905 is repealed.
Continuance of Copyright Office.
5. The Copyright Office established under the Copyright Act 1905, and any officers appointed under that Act, shall continue as if established or appointed under this Act.
Continuance of Administration of State Copyright Acts.
6. Where, in pursuance of any proclamation* issued under the Copyright Act 1905, the administration of any State Copyright Act has become transferred to the Commonwealth, such administration shall continue to be so transferred to the same extent and subject to the same terms and conditions as if the Copyright Act 1905 still remained in force.
Continuance of Registers of Copyrights.
7. All Registers of Copyrights established under the Copyright Act 1905 shall continue as if established under this Act.
* See proclamation in Gazette of 26th January. 1907, page 435.
Part II.—Copyright.
Adoption of British Copyright Act.
8. The British Copyright Act, a copy of which is set out in the Schedule to this Act, shall, subject to any modifications provided by this Act, be in force in the Commonwealth, and shall be deemed to have been in force therein as from the first day of July, One thousand nine hundred and twelve.
Modifications to adapt the British Copyright Act to the Commonwealth.
9. In the application of the British Copyright Act to the Commonwealth—
(a) any powers of the Board of Trade under section three may be exercised by the Governor-General;
(b) the reference in sub-section (4.) of section nineteen to arbitration shall be read as a reference to arbitration under the law of the State or Territory in which the dispute occurs, and the reference in sub-section (6.) of that section to the Board of Trade shall be read as a reference to the Governor-General;
(c) the reference in section twenty-two to the Patents and Designs Act 1907 shall be read as a reference to the Designs Act 1906, and the reference in that section to section eighty-six of the Patents and Designs Act 1907 shall be read as a reference…
Overview
The Copyright Act 1912 was enacted to address the need for a consolidated and updated legal framework for copyright protection in Australia. It sought to establish a more robust system of copyright protection that aligned with the evolving needs of the creative industries and the international copyright landscape. The Act was passed by the Parliament of Australia and received Royal Assent on 20th November 1912. The primary policy objective was to provide comprehensive copyright protection for literary, dramatic, musical, and artistic works, ensuring that creators and their successors could control and benefit from their intellectual property. The Act aimed to streamline and modernise the existing copyright laws, which were fragmented and outdated, by incorporating the provisions of the British Copyright Act 1911 and adapting them to suit Australian conditions.
Scope and Application
The Copyright Act 1912 applies to the Commonwealth of Australia and governs the rights of authors and creators in relation to their literary, dramatic, musical, and artistic works. The Act establishes that copyright subsists in original works if they are published within the Commonwealth or if the author was a British subject or resident in the Commonwealth at the time of creation. The Act delineates the exclusive rights of copyright owners, which include the right to reproduce, perform, publish, and authorize others to do so, as well as to create derivative works and control the adaptation and distribution of their works. The Act also includes provisions for the importation of copies, the protection of performing rights, and the establishment of summary remedies for copyright infringement. Additionally, the Act outlines the procedures for registration of copyrights with the Copyright Office and provides for the optional registration of copyrights, though registration is necessary to avail certain remedies. The Act extends to all Commonwealth territories and allows for Orders in Council to extend its application to foreign works under reciprocal agreements. It also includes provisions for the delivery of copies of books to the National Library and for the protection of existing rights under previous legislation.
Key Provisions
- The Copyright Act 1912 (C1912A00020) outlines the legal framework for copyright in Australia. The Act adopts the British Copyright Act 1911, with modifications to suit Australian conditions. Key provisions include the definition of copyright (Section 2), the rights conferred to copyright owners (Section 8), and the term of copyright (Section 3). Copyright in a work subsists for the life of the author plus fifty years after their death. The Act also provides for the importation of copies (Section 10), summary remedies for infringement (Sections 14-19), and the establishment of the Copyright Office (Sections 22-38).
- Parties governed by the Act must comply with its provisions, including the registration of copyrights and the prevention of infringement. The Act mandates the registration of copyrights, which, while optional, is necessary to avail certain remedies such as the destruction of infringing copies or the issuance of search warrants (Section 26). Additionally, the Act requires the delivery of certain books to the Librarian of the Parliament and to various libraries (Sections 40, 41).
- Violations of the Act, such as the unauthorised sale or distribution of infringing copies, are subject to penalties. On summary conviction, offenders may face fines or imprisonment (Sections 14-19). The Act also imposes fines for false representations to the Registrar of Copyrights and for failure to deliver books to the Parliament or libraries (Sections 39, 40). Furthermore, the Act provides for civil remedies for copyright infringement, including injunctions, damages, and the delivery of infringing copies to the copyright owner (Sections 6-8).
- Area of Law
- Intellectual Property Law
- Copyright Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Civil Penalty Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers