Copyright (International Protection) Amendment Regulations 2004 (No. 2) (Cth)

Copyright (International Protection) Amendment Regulations 2004 (No. 2)¹

Statutory Rules 2004 No. 362²

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Copyright Act 1968.

Dated 16 December 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney-General

1. Name of Regulations

These Regulations are the Copyright (International Protection) Amendment Regulations 2004 (No. 2).

1. Commencement

These Regulations commence on the commencement of Schedule 1 to the US Free Trade Agreement Implementation Act 2004.

1. Amendment of Copyright (International Protection) Regulations 1969

Schedule 1 amends the Copyright (International Protection) Regulations 1969.

Schedule 1          Amendments

(regulation 3)

[1]          Subregulation 3 (1), after definition of at a material time

insert

Australian retransmission means a retransmission of a television broadcast:

(a)over the Internet; and

(b)made from a place in Australia.

Australian television broadcast means a television broadcast mentioned in section 91 of the Act.

[2]          Subregulation 3 (1), after definition of Berne Convention country

insert

broadcaster, for an encoded broadcast, has the meaning given by section 135AL of the Act.

encoded broadcast has the meaning given by section 135AL of the Act.

[3]          Subregulation 3 (1)

insert in correct alphabetical position determined on a letter-by-letter basis

US broadcaster means a broadcaster who:

(a)is entitled, under the law of the United States of America, to make an encoded broadcast; and

(b)is, at a material time:

(i)a citizen or national of the United States of America; or

(ii)a person resident in, or a body corporate that has its headquarters in, the United States of America.

US television broadcast means a television broadcast made from a place in the United States of America, at a material time, by a relevant broadcaster.

[4]          Regulation 4, heading

substitute

1. Protection — Berne Convention countries, UCC countries, USA, Rome Convention countries, WPPT countries and WTO countries (Act s 184)

[5]          After subregulation 4 (7)

insert

Australian retransmission of US television broadcasts

(7A)Subject to these Regulations, a provision of the Act that applies to an Australian retransmission of an Australian television broadcast applies in relation to an Australian retransmission of a US television broadcast:

(a)in the same way as the provision applies, under the Act, in relation to an Australian retransmission of an Australian television broadcast; and

(b)as if the US television broadcast were an Australian television broadcast.

Encoded broadcast made from the USA

(7B)Subject to these Regulations, a provision of Part VAA of the Act that applies to an encoded broadcast made from a place in Australia (an Australian encoded broadcast) applies in relation to an encoded broadcast made at a material time by a US broadcaster from a place in the United States of America (a US encoded broadcast):

(a)in the same way as the provision applies, under the Act, in relation to an Australian encoded broadcast; and

(b)as if the US encoded broadcast were an Australian encoded broadcast.

Notes

1. These Regulations amend Statutory Rules 1969 No. 60, as amended by 1969 No. 65; 1974 No. 137; 1980 No. 276; 1981 No. 74; 1983 No. 127; 1984 No. 43; 1990 Nos. 356 and 357; 1991 Nos. 451 and 452; 1992 No. 124; 1993 No. 214; 1994 No. 114; 1995 Nos. 67 and 436; 1998 No. 360; 2001 No. 29; 2003 No. 337; 2004 No. 257.

1. Notified in the Commonwealth of Australia Gazette on 23 December 2004.