Copyright Amendment (Digital Agenda) Act 2000
Act No. 110 of 2000 as amended
This compilation was prepared on 2 August 2002
[This Act was amended by Act No. 63 of 2002]
Amendments from Act No. 63 of 2002
[Schedule 2 (item 4) amended Item 41 of Schedule 1;
Schedule 2 (item 5) amended Item 224 of Schedule 1
Schedule 2 (items 4 and 5) commenced on 4 March 2001]
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title...................................
2 Commencement...............................
3 Object of the Act...............................
4 Schedule(s)..................................
Schedule 1—Amendment of the Copyright Act 1968
Schedule 2—Transitional provisions
An Act to amend the Copyright Act 1968, and for related purposes
[Assented to 4 September 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Copyright Amendment (Digital Agenda) Act 2000.
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Object of the Act
The object of this Act is to amend the Copyright Act 1968 so as to:
(a) ensure the efficient operation of relevant industries in the online environment by:
(i) promoting the creation of copyright material and the exploitation of new online technologies by allowing financial rewards for creators and investors; and
(ii) providing a practical enforcement regime for copyright owners; and
(iii) promoting access to copyright material online; and
(b) promote certainty for communication and information technology industries that are investing in and providing online access to copyright material; and
(c) provide reasonable access and certainty for end users of copyright material online; and
(d) ensure that cultural and educational institutions can access, and promote access to, copyright material in the online environment on reasonable terms, including having regard to the benefits of public access to the material and the provision of adequate remuneration to creators and investors; and
(e) ensure that the relevant global technical standards which form the basis of new communication and information technologies, such as the Internet, are not jeopardised.
4 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Copyright Act 1968
1 Subsection 10(1) (definition of broadcast)
Repeal the definition, substitute:
broadcast means a communication to the public delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992.
Note: A broadcasting service does not include the following:
(a) a service (including a teletext service) that provides only data or only text (with or without associated images); or
(b) a…
Overview
The Copyright Amendment (Digital Agenda) Act 2000 was enacted by the Parliament of Australia to amend the Copyright Act 1968, aiming to ensure the efficient operation of industries in the online environment by promoting the creation and exploitation of copyright material, providing a practical enforcement regime for copyright owners, and promoting access to copyright material online. The Act also seeks to promote certainty for communication and information technology industries investing in and providing online access to copyright material, ensuring reasonable access and certainty for end users, and maintaining that cultural and educational institutions can access, and promote access to, copyright material online on reasonable terms. Furthermore, the Act ensures that relevant global technical standards underpinning new communication and information technologies, such as the Internet, are not jeopardised. The Act amends definitions and provisions within the Copyright Act 1968 to accommodate technological advancements and address the challenges posed by digital content and online communications.
Scope and Application
The Copyright Amendment (Digital Agenda) Act 2000, as amended, amends the Copyright Act 1968 to address various issues related to copyright in the digital environment, ensuring the efficient operation of relevant industries, providing certainty to communication and information technology industries, and offering reasonable access and certainty for end users of copyright material online. The Act applies to the Commonwealth of Australia and seeks to update copyright laws to accommodate the digital age, particularly in the context of online communications and technologies. It targets various entities, including creators, investors, libraries, archives, educational institutions, and commercial entities involved in the digital distribution and reproduction of copyright material. Certain exclusions and exemptions apply, such as the allowance for temporary reproductions made in the course of communication and the non-infringement provisions for specific educational and research activities conducted by authorised officers of libraries, archives, and educational institutions. The Act also extends its application through subordinate instruments, including regulations that specify dates for the destruction of certain records and provide for the marking and record-keeping requirements for various activities. Furthermore, the Act provides for the establishment of collecting societies to manage the equitable remuneration payable to copyright owners for certain uses of their works, and it sets out the procedures for the appointment and revocation of collecting societies, as well as the requirements for their operations and reporting.
Key Provisions
- The Copyright Amendment (Digital Agenda) Act 2000 (Cth) makes several significant amendments to the Copyright Act 1968 (Cth). Firstly, it introduces definitions and clarifications of terms such as broadcast, computer program, technological protection measure, and electronic rights management information. It also modifies the definition of literary work and manuscript and provides specific provisions for the reproduction and communication of works in digital or other electronic machine-readable forms. The Act defines what constitutes a reasonable portion for the reproduction of a published literary or dramatic work and outlines specific conditions for temporary reproductions made in the course of communication. Furthermore, it provides exemptions for libraries and archives in relation to the reproduction and communication of works held in their collections for purposes such as research, study, or provision of assistance to persons with disabilities.
- The Act imposes various obligations and requirements on entities it governs. For instance, it requires libraries and archives to comply with specific conditions when making reproductions of works for research or study purposes, including the need to notify users about potential copyright and the destruction of reproductions after use. It also mandates that educational institutions comply with certain requirements when making reproductions or communications of works for educational purposes, such as giving remuneration notices to collecting societies and ensuring that communications are restricted to authorised persons only. In the context of broadcast decoding devices, the Act requires broadcasters to take reasonable steps to prevent the unauthorised manufacture and distribution of devices designed to circumvent access controls on encoded broadcasts.
- Breaching the provisions of this Act can result in both civil and criminal consequences. Civil actions can be brought for the importation, manufacture, and distribution of circumvention devices and services, as well as for the removal or alteration of electronic rights management information. The owner or exclusive licensee of the copyright may seek injunctions, damages, or an account of profits. Additionally, the Act criminalises the making and distribution of circumvention devices and services, with potential penalties including fines and imprisonment. The Act also provides for the destruction or disposal of infringing devices upon conviction. Further, it outlines offences related to the unauthorised use of broadcast decoding devices for commercial purposes and mandates specific record-keeping and notice requirements for retransmitters of free-to-air broadcasts.
- The Act sets out specific penalties for breaches of its provisions. For example, it provides for fines of up to 850 penalty units and/or imprisonment for up to five years for the importation or distribution of circumvention devices if the article involved was made by converting a work from hardcopy or analog form into a digital or electronic machine-readable form. It also imposes penalties for the removal or alteration of electronic rights management information with the intent to induce or facilitate copyright infringement. Additionally, the Act criminalises the manufacture and distribution of broadcast decoding devices, with penalties including fines of up to 550 penalty units and/or imprisonment for up to five years. The Act further specifies penalties for offences related to the unauthorised use of broadcast decoding devices for commercial purposes, and provides for the destruction of such devices upon conviction. These penalties reflect the seriousness with which the Act treats the unauthorised circumvention of technological protection measures and the protection of copyright in the digital environment.
- Area of Law
- Intellectual Property Law
- Instrument
- Amending Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Reporting & Disclosure Obligations
- Prohibited Conduct
- Regulatory Standards
