Copyright Amendment Act 1989

Overview

The Copyright Amendment Act 1989 (No. 32 of 1989) was enacted by the Parliament of Australia to amend the existing Copyright Act 1968, and to address gaps in the copyright protection of certain performances, particularly focusing on the rights of performers and the equitable remuneration for the use of copyrighted material in educational and private contexts. This amendment was driven by the need to adapt copyright laws to the evolving landscape of media and technology, ensuring that both creators and users of copyrighted works are adequately protected. The act introduced new provisions to safeguard the rights of performers, establish mechanisms for equitable remuneration for the use of broadcasts and works by educational and other institutions, and regulate the use of blank tapes for private and domestic copying. Additionally, it extended protection to foreign countries while denying such protection to those that do not offer equivalent safeguards to Australian performers. The policy objective was to balance the interests of copyright holders with the needs of educational institutions, handicapped readers, and the general public for access to copyrighted material under certain conditions.

Scope and Application

The Copyright Amendment Act 1989 amends the Copyright Act 1968 to extend and modify copyright protections, particularly concerning the copying of works for educational purposes, the use of blank tapes for private and domestic copying, and the protection of performers' rights. The Act applies to various entities, including educational institutions, institutions assisting handicapped and intellectually handicapped persons, and bodies administering these institutions. It governs the conditions under which these entities can make copies of works and broadcasts without infringing copyright, provided that certain notices are given to the relevant collecting societies and remuneration is paid where applicable. The Act also details the roles and responsibilities of collecting societies, including their establishment, the declaration of their functions, and the revocation of such declarations if certain conditions are not met. It further outlines the procedures for determining royalties and equitable remuneration through applications to the Copyright Tribunal, and sets out the penalties for unauthorised use of performances and recordings, with specific provisions for prosecution and the destruction or delivery up of unauthorised recordings. The Act applies throughout the Commonwealth of Australia and can be extended to foreign countries through regulations, provided those countries offer adequate protection to Australian copyright holders. The Act includes specific exclusions, such as its non-application to computer programs and certain types of tapes deemed for exempt use. The Act also provides for the review of certain decisions by the Administrative Appeals Tribunal and specifies the jurisdiction of the Federal Court of Australia in relation to actions under the Act.

Key Provisions

• The Copyright Amendment Act 1989 introduces several key changes and provisions to the Copyright Act 1968. Firstly, it expands the definition of "educational purposes" to include the making, use, or retention of copies for specific courses of instruction or inclusion in an institution’s library (Section 4, Subsection 10(1a)). It also permits the making of single copies of works in the Australian Archives for various internal uses without infringing copyright, provided certain conditions are met (Section 7, Subsection 51aa). Additionally, the Act allows for fair dealing with literary works for approved research or study by external students, excluding lecture notes (Section 6, Subsection 40(1a)). The Act further modifies the conditions under which manufacturers can make records of musical works, now requiring the payment of a prescribed royalty (Section 9, Subsection 55). It also changes the scope of "corresponding design" and the application of artistic works as industrial designs, with specific provisions for when and how these designs can be applied without infringing copyright (Sections 10 and 11, Subsections 74, 75, and 77).
• These amendments impose obligations on various parties, including educational and other institutions, to comply with specific procedures for copying broadcasts and works for educational and assistive purposes. For instance, institutions must provide remuneration notices to a collecting society and comply with marking and record-keeping requirements to avoid infringement (Sections 135e to 135k). The Act also establishes detailed provisions for the operation of collecting societies, including their declaration, powers of inspection, and financial reporting obligations (Sections 135p to 135s and 135zzb to 135zze). It allows for the making of multiple copies of insubstantial portions of works, published editions, periodical articles, and works in anthologies by educational institutions and institutions assisting handicapped readers, subject to certain conditions and the issuance of remuneration notices (Sections 135zg to 135zt and 135zs to 135zzg).
• The Act outlines several offences and penalties for breaches. For example, failure to comply with marking and record-keeping requirements can result in fines of up to $500 (Section 135k(4)). Similarly, making copies for purposes other than those specified, selling them for profit, or supplying them without a remuneration notice can nullify the exemptions provided (Section 135zzh). The Act also criminalises certain unauthorised uses of performances, such as making recordings or broadcasting performances without the performer's consent, with penalties including fines and imprisonment depending on the type of recording and the nature of the offence (Sections 248p to 248r). Moreover, there are provisions for the destruction or delivery up of unauthorised recordings upon conviction (Section 248t).
• Lastly, the Act extends certain protections to foreign performances and performers, contingent on reciprocal protections in the foreign country, and provides mechanisms for the application of these protections to foreign countries through regulations (Sections 248u and 248v). It also allows for the use of blank tapes for private and domestic copying, subject to the payment of royalties and specific exemptions (Sections 135zzm to 135zzs). The Act maintains the jurisdiction of the Federal Court of Australia over certain actions and decisions, including those related to the determination of royalties and the inspection of records (Sections 195aa, 195b, and 248m).

Legal classification tags

Area of Law

Intellectual Property Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Licensing & Registration

Enforcement Powers

Compliance Obligations

Prohibited Conduct

Rights & Protections