Copyright Amendment Act 1980
No. 154 of 1980
An Act to amend the Copyright Act 1968
[Assented to 19 September 1980]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Copyright Amendment Act 1980.
(2) The Copyright Act 1968 is in this Act referred to as the Principal Act.
Commencement
2. (1) Sections 17, 18 and 19 shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation upon a date to be fixed by Proclamation.
Copyright not to subsist except by virtue of this Act or the Designs Act
3. Section 8 of the Principal Act is amended—
(a) by omitting from sub-section (1) “the next succeeding sub-section” and substituting “section 8a”; and
(b) by omitting sub-section (2).
4. After section 8 of the Principal Act the following section is inserted:
Prerogative rights of the Crown in the nature of copyright
“8a. (1) Subject to sub-section (2), this Act does not affect any prerogative right or privilege of the Crown.
“(2) Where a right or privilege of the Crown by way of copyright subsists in a work or published edition of a work, a person does not infringe that right or privilege by doing, or authorizing the doing of, an act in relation to the work or edition without the licence of the Crown if, assuming that that right or privilege of the Crown did not subsist in the work or edition, but copyright subsisted under this Act in the work or edition and was owned by a person other than the Crown, he would not infringe the copyright of that owner in the work or edition by doing, or by authorizing the doing of, that act without the licence of the owner.
“(3) Nothing in sub-section (2) shall be taken to limit the duration of the right or privilege of the Crown by way of copyright in a work or published edition of a work.”.
Interpretation
5. Section 10 of the Principal Act is amended—
(a) by inserting after the definition of “adaptation” the following definition:
“‘archives’ means—
(a) archival material in the custody of—
(i) the Australian Archives;
(ii) the Archives Office of New South Wales established by the Archives Act 1960 of the State of New South Wales;
(iii) the Public Record Office established by the Public Records Act 1973 of the State of Victoria; or
(iv) the Archives Office of Tasmania established by the Archives Act 1965 of the State of Tasmania;
or
(b) a collection of documents or other material to which this paragraph applies by virtue of sub-section (4);”;
(b) by inserting after the definition of “author” the following definition:
“‘
Overview
The Copyright Amendment Act 1980 was enacted to amend the Copyright Act 1968. It was passed by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, with the primary objective of addressing certain gaps and issues within the existing copyright framework. The Act introduced various amendments to better accommodate the needs of educational institutions, libraries, archives, and individuals with disabilities, while also clarifying certain legal provisions and strengthening enforcement mechanisms. Some of the key changes include provisions for fair dealing for research or study, copying by libraries and archives, and multiple copying of insubstantial portions of works in educational institutions.
Scope and Application
The Copyright Amendment Act 1980 amends the Copyright Act 1968, which it refers to as the Principal Act. The amendments pertain to various aspects of copyright law, including the application of copyright to educational institutions, libraries, archives, and institutions assisting handicapped readers. The Act applies to individuals and entities such as educational institutions, libraries, archives, and institutions assisting handicapped readers, as well as to their actions and transactions involving the reproduction and use of copyrighted works. It has a national jurisdictional reach, applying throughout Australia. There are no explicit exclusions or thresholds stated in the Act, but it does specify conditions under which certain actions do not constitute copyright infringement. The Act may be extended or restricted through subordinate instruments, although specific details are not provided within the text of this particular Act.
Key Provisions
- The Copyright Amendment Act 1980 primarily makes changes to the Copyright Act 1968 by clarifying and expanding provisions related to the use of copyrighted material in various institutional contexts. Key sections of the Amendment Act include amendments to sections 17, 18, and 19 which pertain to the prerogative rights of the Crown, and introduce new sections that allow for specific uses of copyrighted materials by libraries, archives, educational institutions, and institutions assisting handicapped readers, without infringing on copyright laws. For example, section 39a exempts libraries and archives from liability for infringements made by users on machines installed on their premises, provided there is a visible notice of prescribed dimensions. Additionally, section 49 allows libraries to make copies of works for research or study if certain conditions are met, such as the requester signing a declaration stating the purpose and exclusivity of use. The Act also outlines specific conditions under which copying is permitted for educational purposes by institutions (section 53a) and institutions assisting handicapped readers (section 53d), including the creation of sound recordings, Braille, large-print, or photographic versions of works.
- The Amendment Act imposes several obligations on parties governed by it, such as the requirement for institutions to make and retain records of copying activities (sections 203a to 203d) and to allow for the inspection of these records by copyright owners (section 203e). It also mandates the making of specific notations on copies and handicapped readers’ copies to justify their creation under the Act (section 203h).
- Breaches of the Act can lead to various civil and criminal consequences. For instance, failure to retain records as required can result in fines of up to $500 (sections 203a and 203b). Additionally, the Act outlines specific offences and penalties for making false or misleading declarations or records, and for the improper disposal of these records (section 203f). Non-compliance with notation requirements on copies or sound recordings can also result in fines (section 203h).
- The Amendment Act further amends the penalties for infringement of copyright, stipulating fines and potential imprisonment for repeat offenders, with specific attention to the value of the infringing articles, including cinematograph films (section 133). It also introduces provisions for the removal of Tribunal members from office for failure to disclose conflicting interests (section 144b) and outlines procedures for the determination of equitable remuneration in certain copying scenarios (section 149a).
- Area of Law
- Intellectual Property Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Enforcement Powers
- Prohibited Conduct
- Regulatory Standards
