Copyright Amendment (Moral Rights) Act 2000
No. 159, 2000
Copyright Amendment (Moral Rights) Act 2000
No. 159, 2000
An Act to amend the Copyright Act 1968, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Moral rights of authors
Copyright Act 1968
Schedule 2—Consequential amendments of the Copyright Act 1968
Copyright Amendment (Moral Rights) Act 2000
No. 159, 2000
An Act to amend the Copyright Act 1968, and for related purposes
[Assented to 21 December 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Copyright Amendment (Moral Rights) Act 2000.
2 Commencement
(1) This Act, other than Schedule 2, commences on the day on which it receives the Royal Assent.
(2) If the Copyright Amendment (Digital Agenda) Act 2000 commences on or before the day on which this Act receives the Royal Assent, Schedule 2 to this Act commences immediately after Schedule 1 to this Act commences.
(3) If subsection (2) does not apply, Schedule 2 to this Act commences when the Copyright Amendment (Digital Agenda) Act 2000 commences.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Moral rights of authors
Copyright Act 1968
1A Subsection 55(2)
Repeal the subsection.
1 Part IX
Repeal the Part, substitute:
Part IX—Moral rights of authors of literary, dramatic, musical or artistic works and cinematograph films
Division 1—Preliminary
189 Definitions
In this Part, unless the contrary intention appears:
act of false attribution has the meaning given by subsection 195AC(2).
artistic work means an artistic work in which copyright subsists.
attributable act has the meaning given by subsection 193(2).
attributor has the meaning given by subsection 195AC(2).
author, in relation to a cinematograph film, means the maker of the film.
cinematograph film means the complete and final version of a cinematograph film in which copyright subsists.
deal means sell, let for hire, by way of trade offer or expose for sale or hire, exhibit in public, or distribute and, in Division 3, includes publish.
derogatory treatment has the relevant meaning given by Division 4.
director, in relation to a cinematograph film, has a meaning affected by section 191.
dramatic work means a dramatic work in which copyright subsists.
infringing article means:
(a) an article that embodies a literary, dramatic, musical or artistic work, or a cinematograph film, whether or not the article bears or contains other material; or
(b) a reproduction of, or of an adaptation of, a literary, dramatic or musical work; or
(c) a reproduction of an artistic work; or
(d) a copy of a cinematograph film;
being a work or film in respect of which a moral right of the author has been infringed, other than by derogatory treatment not involving the…
Overview
The Copyright Amendment (Moral Rights) Act 2000 was enacted by the Parliament of Australia to address the gap in the existing copyright framework concerning the protection of moral rights of authors. This legislation amended the Copyright Act 1968 to introduce specific provisions for the moral rights of authors, ensuring their recognition and protection. The primary policy objective was to align Australian copyright law with international standards, particularly those set by the Berne Convention for the Protection of Literary and Artistic Works, which mandates the protection of moral rights of authors. By implementing these amendments, Australia aimed to provide authors with additional legal recourse to safeguard their personal and reputational interests tied to their creative works.
Scope and Application
The Copyright Amendment (Moral Rights) Act 2000 applies to individuals who are authors of literary, dramatic, musical, or artistic works and cinematograph films. It extends to protect the moral rights of these authors, which include the right of attribution of authorship, the right not to have authorship falsely attributed, and the right of integrity of authorship. This Act amends the Copyright Act 1968 to recognise and enforce these moral rights. It is a Commonwealth Act, thus its jurisdiction extends across Australia. The Act does not explicitly state exclusions or thresholds, but it does provide conditions under which certain actions may not be considered infringements of moral rights, such as when a treatment of a work is reasonable under the circumstances or when an act of false attribution is not material. The Act allows for the possibility of extending its application through subordinate instruments, though specific details on this are not provided in the Act itself.
Key Provisions
- The Copyright Amendment (Moral Rights) Act 2000 amends the Copyright Act 1968 to introduce moral rights for authors of literary, dramatic, musical, artistic, and cinematograph films. Section 192 of the Act establishes that these moral rights are in addition to any other rights under the Act. The moral rights include the right of attribution of authorship, the right not to have authorship falsely attributed, and the right of integrity of authorship.
- Individuals, as the authors of these works, have these moral rights. For cinematograph films, specific roles such as director, producer, and screenwriter are defined in terms of who holds these rights. For example, if a cinematograph film has more than one principal director, the Act specifies that the right of attribution of authorship pertains to each director being identified as such (section 195AZJ).
- The obligations imposed on parties include ensuring proper identification of the author for attributable acts, avoiding false attribution of authorship, and refraining from subjecting the work to derogatory treatment. For instance, section 195AA mandates that identification of the author must be clear and reasonably prominent. The Act also stipulates that if an author has specified a particular way of being identified, that method must be followed if it is reasonable (section 195).
- Breaches of these moral rights can lead to civil actions. Section 195AZ allows authors or their representatives to bring actions for infringements. Remedies may include injunctions, damages, declarations, public apologies, and orders to remove or reverse false attributions or derogatory treatment. The court can also consider various factors when deciding on appropriate relief (section 195AZA).
- The Act provides specific protections and exceptions. For example, section 195AT allows for certain treatments of works without constituting an infringement if done in good faith for restoration or preservation. Additionally, written consents can prevent infringements if given genuinely and in writing (sections 195AW and 195AWA). However, consents obtained through duress or false statements are void (section 195AWB).
- In summary, the Act grants authors of creative works specific moral rights, imposes obligations to respect these rights, and provides mechanisms for addressing breaches through civil remedies. It also includes provisions for the duration and exercise of these rights, as well as specific applications and exceptions.
- Area of Law
- Intellectual Property Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Prohibited Conduct
- Infringement of Moral Rights
- Enforcement Powers
- Remedies for Infringements
