Copyright Act 1968
No. 63, 1968
Compilation No. 65
Compilation date: 2 April 2026
Includes amendments: Act No. 29, 2026
About this compilation
This compilation
This is a compilation of the Copyright Act 1968 that shows the text of the law as amended and in force on 2 April 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
4 Extension to external Territories
5 Exclusion of Imperial Copyright Act, 1911
6 Repeal of Copyright Acts
7 Act to bind the Crown
8 Copyright not to subsist except by virtue of this Act
8A Prerogative rights of the Crown in the nature of copyright
9 Operation of other laws
9A Application of the Criminal Code
Part II—Interpretation
10 Interpretation
10AA Non‑infringing copy of a sound recording
10AB Non‑infringing copy of a computer program
10AC Non‑infringing copy of an electronic literary or music item
10AD Accessories to imported articles
11 Residence in a country not affected by temporary absence
12 References to Parliament
13 Acts comprised in copyright
14 Acts done in relation to substantial part of work or other subject‑matter deemed to be done in relation to the whole
15 References to acts done with licence of owner of copyright
16 References to partial assignment of copyright
17 Statutory employment
18 Libraries established or conducted for profit
19 References to Copyright Act, 1911
20 Names under which work is published
21 Reproduction and copying of…
Overview
The Copyright Act 1968 was enacted by the Australian Parliament to comprehensively address the protection of intellectual property rights in Australia. This Act was introduced to fill the gap left by previous copyright laws and to modernise the protection of creative works and performances. The Act establishes the framework for copyright protection in Australia, covering the creation, ownership, and duration of copyright, as well as the rights and exceptions applicable to various forms of creative works and performances. The policy objective of the Act is to balance the rights of creators with the public interest by providing adequate protection for original works while ensuring access to these works for educational, research, and other legitimate purposes. The Act applies across Australia and its external territories, and it extends to new forms of media and technology as they emerge. It is a vital piece of legislation for protecting the intellectual property rights of authors, artists, and performers, thereby encouraging creativity and innovation within the nation.
Scope and Application
The Copyright Act 1968 (C1968A00063) applies to individuals and entities creating or utilising original literary, dramatic, musical, and artistic works and cinematograph films in Australia. This Act, which extends to the Commonwealth and all external territories, governs the ownership, duration, and exclusive rights associated with copyright, including reproduction, adaptation, and public performance. It also defines exceptions to copyright infringement, such as fair dealing for research and review, and specifies certain non-infringing acts like the reproduction of works in libraries and archives for educational purposes. The Act applies to all persons who create or use such works, and it specifies that copyright does not subsist except by virtue of this Act, except for certain Crown rights. Part IX of the Act, which concerns moral rights, establishes that only individuals can claim these rights, which include the right of attribution, the right not to have authorship falsely attributed, and the right of integrity of authorship and performership. Infringements of these moral rights can lead to legal actions, with potential remedies including injunctions and damages. The Act also provides for actions against groundless threats of legal proceedings related to copyright infringement and moral rights violations, and it outlines provisions for extending the protection of performers' rights to foreign countries under certain conditions.
Key Provisions
- The Copyright Act 1968 (Cth), particularly Part IX, introduces significant provisions related to the moral rights of authors and performers. These provisions are designed to protect the personal and professional reputations of creators and performers, ensuring their works are correctly attributed and not misrepresented, and safeguarding them from derogatory treatment. Key sections, such as Section 195AD, define the moral rights of authors, including the right of attribution of authorship, the right not to have their authorship falsely attributed, and the right of integrity of authorship. For performers, Section 195AJ outlines similar rights, such as the right of attribution of performership and the right of integrity of performership. These sections mandate that the creator's or performer's name must be displayed when the work is used in certain ways, and prohibit others from falsely claiming to be the author or misrepresenting the work's origin.
- The Act imposes specific obligations on parties involved in the use of these works. For instance, Section 195AE requires that the author's name be displayed in a manner that is reasonable under the circumstances when the work is used, ensuring proper attribution. Section 195AG prohibits the derogatory treatment of a work, which could harm the author's or performer's honour or reputation. Furthermore, Section 195AL mandates that any person who makes a substantial contribution to the creation of a work must be credited as a contributor, maintaining the integrity of the work's authorship.
- Breaches of these moral rights can lead to significant consequences. Under Section 195AM, an infringement of moral rights can result in legal actions, with potential remedies including injunctions and damages. The Act also provides for actions against groundless threats of legal proceedings related to copyright infringement and moral rights violations, as outlined in Section 195AN. Additionally, the Act includes provisions for extending the protection of performers' rights to foreign countries under certain conditions, as detailed in Section 195AP. Penalties for breaches may vary, but the Act ensures that those who infringe upon the moral rights of authors and performers face appropriate legal consequences to uphold the integrity and reputation of the creators and performers.
- Area of Law
- Intellectual Property Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Rights & Protections