Copyright (International Protection) Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 4511

Copyright (International Protection) Regulations2(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and being satisfied that, in respect of sound broadcasts and television broadcasts to which the provisions of the Copyright Act 1968 relate, provision has been or will be made under the law of each country specified in Part IV of Schedule 1 as inserted by regulation 9 of these Regulations by virtue of which adequate protection is or will be given to owners of copyright under that Act, make the following Regulations under that Act.

Date 12 December 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Attorney-General

 

1. Commencement

1.1 These Regulations commence on 1 January 1992.

 

2. Amendment

2.1 The Copyright (International Protection) Regulations are amended as set out in these Regulations.

3. Regulation 3 (Interpretation)

3.1 Subregulation 3 (1) (definition of “at a material time”):

Omit “other subject-matter” (wherever occurring), substitute “subject-matter other than a work”.

3.2 Subregulation 3 (1) (definition of “at a material time”):

Add at the end:

“and

(c) in relation to a sound broadcast or a television broadcast—the time when that broadcast was made;”.

3.3 Subregulation 3 (1) (definition of “the country of origin”, paragraph (f)):

Omit “other subject-matter”, substitute “subject-matter other than a work”.

3.4 Subregulation 3 (1):

Insert the following definition:

“‘relevant broadcaster’ means a broadcasting organisation that:

(a) has its headquarters in the country from which the sound broadcast or the television broadcast, as the case may be, is made; and

(b) is entitled under the law of that country to make that sound broadcast or that television broadcast, as the case may be;”.

3.5 Subregulation 3 (2):

After “sound recording,”, insert “a sound broadcast, a television broadcast,”.

3.6 Subregulation 3 (4):

Omit paragraph 3 (4) (b).

3.7 Subregulation 3 (5):

Omit “other subject-matter” (wherever occurring), substitute

“subject-matter other than a work”.

4. Regulation 4 (Application of the Act)

4.1 Subregulation 4 (3):

Omit “other subject-matter”, substitute “subject-matter other than a work”.

4.2 Subregulation 4 (4):

Omit “other subject-matter”, substitute “subject-matter other than a work”.

4.3 Subregulation 4 (5):

Omit “Part II or Part III”, substitute “Part II, Part III or Part IV”.

4.4 Add at the end:

“(6) Subject to these Regulations, the provisions of the Act apply in relation to a sound broadcast or a television broadcast that has been made, at a material time, by a relevant broadcaster from a place in a country that constitutes, or forms part of, the territory of a country specified in Part IV of Schedule 1 in the same way as those provisions apply in relation to a sound broadcast or a television broadcast made from a place in Australia.”.

5. Regulation 10 (Restriction of the application of the Act to certain classes of published works and subject-matter other than works)

5.1 Subregulation 10 (2):

Omit “shall”, substitute “is to”:

6. New regulation 10a

6.1 After regulation 10, insert:

Application of the Act in relation to broadcasts

“10a. In spite of subregulation 4 (6), copyright does not subsist in Australia in a sound broadcast or a television broadcast made from a place outside Australia before the commencement of this regulation.”.

[NOTE: Regulation 10a commenced on 1 January 1992]

 

7. Regulation 11 (Modification of application of provisions of the Act to works and to certain subject-matter other than works)

7.1 Subregulation 11 (1):

Omit “other subject-matter” (wherever occurring), substitute

“subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast)”.

7.2 Paragraph 11 (2) (b):

Omit “other subject-matter”, substitute “subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast)”.

7.3 Paragraph 11 (2) (b):

Omit “any subject-matter”, substitute “subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast)”.

8. New regulation 12

8.1 After regulation 11, insert:

Modification of application of provisions of the Act to sound broadcasts and television broadcasts

“12. (1) If a person has, at any time before the commencement of this regulation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a sound broadcast, or to a television broadcast, in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a sound broadcast, or to a television broadcast, at a time when the doing of the act would, but for the making of this regulation, have been lawful, nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of this regulation unless the person who, by virtue of the operation of these Regulations, has the exclusive right to do the act agrees to pay reasonable compensation to the first-mentioned person.

“(2) If:

(a) by an amendment of these Regulations the name of a country is included in Part IV of Schedule 1; and

(b) a person has, at any time before the date on which the amendment comes into operation, taken action by which he

or she has incurred expenditure or liability in connection with the doing of an act in relation to a sound broadcast, or to a television broadcast, in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a sound broadcast, or to a television broadcast, at a time when the doing of the act would, but for the amendment, have been lawful;

nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of the amendment unless the person who, by virtue of the country being included in Part IV of Schedule 1, has the exclusive right to do the act agrees to pay reasonable compensation to the first-mentioned person.

“(3) For the purposes of subregulation (2), if:

(a) Part IV of Schedule 1 is remade; and

(b) on the remaking, the name of a country is included in the Part; and

(c) immediately before the remaking, the name of the country was not included in the Part:

the remaking of the Part is taken to be an amendment of these Regulations that inserts the name of the country in Part IV.”.

[NOTE: Regulation 12 commenced on 1 January 1992.]

9. Schedule 1

9.1 Add at the end:

“PART IV

Austria

Barbados

Brazil

Burkina Faso

Chile

Colombia

Congo

Costa Rica

Czechoslovakia

Denmark

Dominican Republic

Ecuador

El Salvador

Fiji

 

Finland

France

Germany, Federal Republic of

Guatemala

Honduras

Ireland

Italy

Japan

Lesotho, Kingdom of

Luxembourg

Mexico

Monaco

Niger

Norway

Panama

Paraguay

Peru

Philippines

Sweden

United Kingdom of Great Britain and

 Northern Ireland

Uruguay”.

10. Schedule 3

10.1 Omit “Federal Republic of Germany”.

10.2 Omit “German Democratic Republic”, substitute “Germany, Federal Republic of”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.

2. Statutory Rules 1969 No. 60 as amended by Statutory Rules 1969 No. 65; 1974 No. 137; 1980 No. 276; 1981 No. 74; 1983 No. 127; 1984 No. 43; 1990 Nos. 356 and 357.