Copyright Amendment Act 1991

Legislation au C2004A04249 Not in force Act

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Copyright Amendment Act 1991

No. 174 of 1991

 

An Act to amend the Copyright Act 1968

[Assented to 25 November 1991]

[Date of commencement 23 December 1991]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Copyright Amendment Act 1991.

(2) In this Act, "Principal Act" means the Copyright Act 19681.

Interpretation

2. Section 10 of the Principal Act is amended:

(a) by adding ", but does not include a non-infringing book whose importation does not constitute an infringement of that copyright under section 44a or 112a" at the end of the definition of "infringing copy" in subsection (1);


(b) by inserting in subsection (1) the following definition:

" 'non-infringing book' means a book made (otherwise than under a compulsory licence) in a country specified in regulations made for the purposes of subsection 184(1), being a book whose making did not constitute an infringement of any copyright subsisting in a work, or in a published edition of a work, under a law of that country;".

Infringement by importation for sale or hire

3. Section 37 of the Principal Act is amended:

(a) by omitting "The copyright" and substituting "Subject to section 44a, the copyright";

(b) by omitting "where, to his knowledge," and substituting "if the importer knew, or ought reasonably to have known, that".

Infringement by sale and other dealings

4. Section 38 of the Principal Act is amended:

(a) by omitting from subsection (1) "The copyright" and substituting "Subject to section 44a, the copyright";

(b) by omitting from subsection (1) "where, to his knowledge," and substituting "if the importer knew, or ought reasonably to have known, that".

5. After section 44 of the Principal Act the following section and note are inserted in Division 3 of Part III:

Importation etc. of books

"44a. (1) The copyright in an overseas work first published on or after the commencing day is not infringed by a person who, without the licence of the owner of the copyright, imports a non-infringing book into Australia for a purpose mentioned in paragraph 37 (a), (b) or (c).

"(2) Subject to this section, the copyright in:

(a) an overseas work first published before the commencing day; or

(b) a work first published in Australia, whether before, on or after the commencing day;

is not infringed by a person who, without the licence of the owner of the copyright, imports a copy (in this subsection called the 'imported copy') of a hardback or paperback version of a non-infringing book into Australia for a purpose mentioned in paragraph 37 (a), (b) or (c) if:

(c) the person had ordered in writing from the copyright owner, or the owner's licensee or agent, one or more copies of that version of the book (not being second-hand copies…

Overview

The Copyright Amendment Act 1991 (Cth) was enacted to address the issue of book importation and the potential infringement of copyright in Australia. The Act amends the Copyright Act 1968 (Cth) to provide certain exemptions from copyright infringement in relation to the importation of books. It was enacted by the Commonwealth Parliament to update and refine Australia's copyright laws, ensuring they remain relevant and effective in the face of international changes and developments. The primary policy objective of the Act is to balance the rights of copyright holders with the availability of books for educational, research, and other legitimate purposes, while also considering the interests of consumers and libraries. This balance aims to foster an environment conducive to the dissemination and accessibility of knowledge and information.

Scope and Application

The Copyright Amendment Act 1991 applies to the Commonwealth of Australia and amends the Copyright Act 1968. It primarily concerns the importation of non-infringing books into Australia and under what circumstances such importation would not constitute an infringement of copyright. The Act defines a 'non-infringing book' as a book made in a specified country, the making of which did not infringe copyright under the law of that country. The amendments clarify that the importation of such non-infringing books does not infringe copyright in certain scenarios, such as when the importation is for specific purposes like personal use, educational purposes, or for libraries not conducted for profit, provided certain conditions are met. The Act also includes provisions for exemptions and specifies the types of books that are excluded from its scope, such as those whose main content is musical works or manuals sold with computer software. The application of the Act can be extended or restricted through subordinate instruments, allowing for further regulation and clarification as needed.

Key Provisions

  • The Copyright Amendment Act 1991 primarily aims to clarify and amend the provisions of the Copyright Act 1968 regarding the importation and use of non-infringing books in Australia. The Act introduces specific exemptions to the general prohibition on importing and using books without the copyright owner's license. According to section 2, the definition of "infringing copy" has been expanded to exclude non-infringing books, which are books made in certain specified countries and not infringing any copyright under the law of that country. Additionally, section 3 and 4 modify the conditions under which importation and sale of books might infringe copyright, requiring that the importer knew, or ought reasonably to have known, that the book was an infringing copy.
  • The Act imposes several obligations on parties importing books into Australia. For instance, under section 44a, the importer must ensure that the book is a non-infringing book and that any importation is for specific permissible purposes, such as private use, teaching, or research. Importers must also comply with certain conditions, such as ordering books directly from the copyright owner and waiting a specified period before the order can be considered unfulfilled. Libraries, when importing books, must also adhere to strict conditions, ensuring they do not profit from such imports and providing verifiable statements that the books will not be used for infringing purposes.
  • Failure to comply with the provisions of the Copyright Amendment Act 1991 can result in civil and criminal consequences. Although the Act does not explicitly state penalties, infringements of copyright under the Copyright Act 1968 generally incur significant civil penalties, including damages and account of profits. In more severe cases, criminal penalties might apply, potentially leading to fines and imprisonment. The specific amounts of these penalties would depend on the nature and extent of the infringement.

Legal classification tags

Area of Law
Intellectual Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations
Regulatory Standards
Enforcement Powers

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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.