Copyright Regulations 1906 (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE COPYRIGHT ACT 1905.
I, THE
GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
Dated this eighth day of May, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
AUSTIN CHAPMAN.
THE COPYRIGHT REGULATIONS 1906.
“The Act” means
The Copyright Act 1905.
C. 12048. —Price 8d.
But in the case of applications lodged at or sent by post to a Trade Marks Sub-office, the time of receipt of the application at the Copyright office, Melbourne, shall be deemed to be the official time of receipt of the application.
(
a )In Australia—the Registrar, a Deputy-Registrar, a Notary Public, a Justice of the Peace, a Commissioner for Affidavits, or a person authorized by any Act or State Act to administer oaths or take declarations.(
b ) In British Dominions other than Australia—any Judge, Magistrate, Justice of the Peace, Notary Public, Commissioner for Oaths or Affidavits, or a person lawfully authorized to administer oaths or take declarations.(
c ) In foreign countries—any Judge of a Superior Court, British Consul or Consular Officer, or Notary Public.
(2) The Registrar may take notice of the signature to any declaration and of the signature of the person before whom it purports to have been declared, without proof of those signatures or any other evidence relating thereto.
(2) The request may be in the Form E or F in the Second Schedule, as the case requires, and shall be made and signed by the person claiming to be registered as owner or licensee, or by his agent, and shall be accompanied by the deed or document upon which he bases his request for registration.
(3) An attested copy of every deed and document affecting the ownership of the copyright, performing right, or lecturing right, or of any licence thereunder, shall, accompany the request.
(4) The Registrar, if satisfied with the request, shall register the assignment, transmission, or licence by entering particulars thereof in the proper register.
(
a ) Days which are from time to time notified by a placard posted in a conspicuous place at the Copyright Office.(
b ) Times when the Registers are required for any purpose of official use.
(
a )Where the error in entry has been made purely through the fault of the office.(
b ) Where the error in entry has been made through accident on the part of an applicant or his agent, and not from wilful default.
In the latter case, however, no amendment shall be made unless the owner of the copyright, performing right, or lecturing right, lodges at the Copyright Office a request to amend, accompanied by the prescribed fee.
(2) There shall be attached to the application a statement showing particulars of the applicant’s capacity to perform the work of translation.
(3) Thereupon the Registrar shall examine the contents of the application and shall ascertain whether the correct name and address of the registered owner of the copyright have been inserted in the Application form, also whether, to the best of his knowledge, the other particulars in the form are correct. He shall then forward the application to the Minister, accompanied by such remarks as may appear to him suitable, and by one of the copies of the book which were originally lodged.
(4) After decision by the Minister, the documents and book shall be returned to the Copyright Office, and there shall be inserted in the Register, opposite the entry of registration of the copyright, a note of the application, and of the decision of the Minister.
a 2
THE FIRST SCHEDULE.
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Form A.
THE SECOND SCHEDULE.
——
Commonwealth of Australia.
The
APPLICATION FOR REGISTRATION OF COPYRIGHT (EXCEPT COPYRIGHT IN ARTISTIC WORK), PERFORMING RIGHT, OR LECTURING RIGHT.
(By the Author.)
I (1) of
(2) (3) hereby make application for the
registration of my (4) in
my (5) entitled under the provisions of the
And I do further declare that I am the author of the said (6) , and that I have not effected an assignment of my (4) therein.
And I make this declaration conscientiously believing it to be true.
Dated this day of a.d. 19 .
(9)
Declared before me at the day of 19 .
(10)
To the Registrar of Copyrights,
Commonwealth of Australia.
(1) Name of applicant (in full).
(2) Address.
(3) Occupation.
(4) “Copyright,” “performing right,” or “lecturing right” as the case may be.
(5) Here insert “book,” “musical or dramatic work,” or “lecture,” as the case may be.
(6) Here insert “book,” “musical or dramatic work,” or “lecture,” as the case may be.
(7) “Published,” “performed,” or “delivered,” as the case may be.
(8) Here insert “publication,” “performance,” or “delivery,” as the case may be.
(9) Signature of applicant (in full).
(10) To be signed by the person before whom the declaration is made.
Form A1.
Commonwealth of Australia.
The
APPLICATION FOK REGISTRATION OF COPYRIGHT (EXCEPT COPYRIGHT IN ARTISTIC WORK), PERFORMING RIGHT, OR LECTURING RIGHT.
(By the person entitled by assignment to apply for registration.)
I (1) of (2) (3) hereby make application for the
registration of my (4) in my (5) entitled under the provisions of the
And I do further declare that (9) is the author thereof and that he has assigned his interest to (10)
In proof whereof I forward the accompanying deed[s] of assignment with an attested copy (11) thereof.
And I make this declaration conscientiously believing it to be true.
Dated this day of a.d. 19 .
(12)
Declared before me at the day of 19 .
(13)
To the Registrar of Copyrights,
Commonwealth of Australia.
(1) Name of applicant (in full).
(2) Address.
(3) Occupation.
(4) “Copyright,” “performing right,” or “lecturing right,” as the case may be.
(5) Here insert “book,” “musical or dramatic work,” or “lecture,” as the case may be.
(6) Here insert “book,” “musical or dramatic work,” or “lecture,” as the case may be.
(7) “Published,” “performed,” or “delivered,” as the case may be.
(8) Here insert “publication,” “performance,” or “delivery,” as the case may be.
(9) Here insert full name and address of author.
(10) Where the applicant is the assignee of the author, insert “me.” Where there are one or more intermediate assignments, particulars of each must be inserted,
e.g., “A.B., who has assigned his interest to C.D., who has assigned his interest to me.”(11) Or “with attested copies,” as the case may be.
(12) Signature of applicant (in full).
(13) To be signed by the person before whom the declaration is made.
Form A2.
Commonwealth of Australia.
The
APPLICATION FOR REGISTRATION OFCOPYRIGHT IN ARTISTIC WORK.
(By the Author.)
(1) of
(2) (3) hereby
make application for the registration of my copyright in my artistic work (4) entitled under the provisions of the
And I do further declare that I am the author of the said artistic work, and that I have not effected an assignment or transmission of my copyright therein.
And I make this declaration conscientiously believing it to be true.
Dated this day of a.d. 19 .
(6)
Declared before me at the day of 19 .
(7)
To the Registrar of Copyrights,
Commonwealth of Australia.
(1) Name of applicant (in full).
(2) Address.
(3) Occupation.
(4) Here give particulars of nature and subject of work.
(5) Here insert date of completion of the work.
(6) Signature of applicant (in full).
(7) Tobe signed by the person before whom the declaration is made.
Form A3.
Commonwealth of Australia
The
APPLICATION FOR REGISTRATION OF COPYRIGHT IN ARTISTIC WORK.
(By the person entitled by assignment to apply for registration.)
I (1) of (2) (3) hereby make application for the registration
of my copyright in my artistic work (4) entitled under the provisions of the
And I do further declare that (6) is the author thereof and that he assigned his interest to (7)
In proof whereof I forward the accompanying deed[s] of assignment with an attested copy (8) thereof.
And I make this declaration conscientiously believing it to be true.
Dated this day of a.d. 19 .
(9)
Declared before me at the day of 19 .
(10)
To the Registrar of Copyrights,
Commonwealth of Australia.
(1) Name of applicant (in full).
(2) Address.
(3) Occupation.
(4) Here give particulars of nature and subject of work.
(5) Here insert date of completion of the work.
(6) Here insert full name and address of author.
(7) Where the applicant is the assignee of the author insert “me.” Where there are one or more intermediate assignments, particulars of each must be inserted,
e.g., “A. B., who has assigned his interest to C.D., who has assigned his interest to me.”(8) Or “with attested copies,” as the case may be.
(9) Signature of applicant (in full).
(10) To be signed by person before whom declaration is made.
Section 63. Form A4.
Commonwealth of Australia.
The
APPLICATION FOR REGISTRATION OF INTERNATIONAL OR STATE COPYRIGHT OR PERFORMING RIGHT.
I (1) of (2) (3) hereby make
application for the registration of my (4) in
(5) entitled under the provisions
of Part VI. of the
And I further declare that the first (9) of the (10) took place at (11) on (12)
And I attach hereto a certified copy of the entry in the Register of Copyrights kept at the Copyright Office in (13)
And I make this declaration conscientiously believing it to be true.
Dated this day of a.d. 19 .
(14)
Declared before me at the day of 19 .
(15)
To the Registrar of Copyrights.
Commonwealth of Australia.
(1) Name (in full) of applicant.
(2) Address of applicant.
(3) Occupation of applicant.
(4) “Copyright” or “performing right,” as the case may be.
(5) Here insert particulars of literary, musical, or dramatic work or artistic work.
(6) Where the applicant is entitled to protection in Australia by virtue of any Act of the United Kingdom, insert “Australia, by virtue of an Act of the Parliament of the United Kingdom intituled (inserting title of Act).” In the case of an applicant being entitled to protection under a State Act in force at the commencement of this Act, insert “the State of , by virtue of an Act of the Parliament of that State intituled (inserting title of Act”).
(7) Here insert duration of protection in State or Colony by virtue of the Act cited in (6).
(8) Here insert date from which such protection commenced.
(9) “Publication,” “performance,” or “production,” as the case may be.
(10) Here insert book, musical or dramatic or artistic work, as the case may be.
(11) Here insert place at which first publication or performance took place.
(12) Here insert date of first publication or performance.
(13) Here insert name of State or Colony in which copyright has been registered, which (registration) the applicant is making the basis of this present application.
(14) Signature of applicant.
(15) To be signed by the person before whom the declaration is made.
Form B.
Commonwealth of Australia.
The
STATEMENT OF ADDRESS.
Sir,
I hereby authorize and request you to send all notices, requisitions, and communications in connexion with my application for registration of my (1) in (2) to (3)
Dated this day of a.d. 19 .
(4)
To the Registrar of Copyrights,
Commonwealth of Australia.
Note.—A particular address must be given. An address such as “General Post Office, Melbourne,” will not be accepted.
(1) “Copyright,” “performing right,” or “lecturing right,” as the case may be.
(2) Here insert title or particulars of book, artistic work, musical or dramatic work, or lecture, as the case may be.
(3) Here insert name and full address.
(4) Signature of applicant (in full).
———
Form C.
Commonwealth of Australia.
The
APPOINTMENT OF AGENT.
Sir,
I (1) hereby nominate, constitute, and appoint (2) of (3) in the Commonwealth of Australia (4) my agent (5) for me and in, my name (6) and for that purpose to sign on my behalf all documents that my said agent may think necessary or desirable, and I further empower my said agent to alter and amend any documents, whether originally executed by me or on my behalf in any manner which may be necessary.
Dated this day of a.d. 19
(7)
Witness—
To the Registrar of Copyrights, Commonwealth of Australia.
(1) Here insert (in full) name, address, and occupation of principal.
(2) Here insert (in full) name of agent.
(3) Here insert full address of agent.
(4) Here insert occupation of agent.
(5) Principal may here insert the words—“with full powers of substitution and revocation.”
(6) Here insert purpose for which agent was appointed, such as “to apply for and obtain registration of my copyright, performing right, or lecturing right,” in a book, dramatic work or lecture describing it.
(7) Signature of applicant (in full).
Form D.
Commonwealth of Australia.
The
CERTIFICATE OF REGISTRATION OF COPYRIGHT IN A BOOK.
No.
I, Registrar of Copyrights, do hereby certify that of has this day been registered as the owner of Copyright in which was first published by at on day of a.d. 19
Given under my hand and the seal of the Copyright Office this day of a.d. 19 .
(l.s.)
Registrar of Copyrights.
Form D1.
Commonwealth of Australia.
The
CERTIFICATE OF REGISTRATION OF PERFORMING RIGHT IN A MUSICAL WORK.
No.
I, Registrar of Copyrights, do hereby certify that of has this day been registered as the owner of the performing right in which was first performed by at on the day of A.d. 19 .
Given under my hand and the seal of the Copyright Office this day of a.d. 19
(l.s.)
Registrar of Copyrights
Form D2.
Commonwealth of Australia.
The
CERTIFICATE OF REGISTRATION OF PERFORMING RIGHT IN A DRAMATIC WORK.
No.
I, Registrar of Copyrights, do hereby certify that of has this day been registered as the owner of the performing right in which was first performed by at on the day of a.d. 19 .
Given under my hand and the seal of the Copyright Office this day of a.d. 19 .
(l.s.)
Registrar of Copyrights.
Form D3.
Commonwealth of Australia.
The
CERTIFICATE OF REGISTRATION OF lecturing RIGHT IN A lecture.
No.
I, Registrar of Copyrights, do hereby certify that of has this day been registered as the owner of the lecturing right in which was first delivered by at on the day of a.d. 19 .
Given under my hand and the seal of the Copyright Office this day of a.d. 19 .
(l.s.)
Registrar of Copyrights.
Form D4.
Commonwealth of Australia.
The
CERTIFICATE OF REGISTRATION OF COPYRIGHT IN AN ARTISTIC WORK.
No.
I, Registrar of Copyrights, do hereby certify that of has this day been registered as the owner of copyright in which was produced by on the day of a.d. 19 .
Given under my hand and the seal of the Copyright Office, this day of
a.d. 19 .
(L.s.)
Registrar of Copyrights.
Form D5.
Commonwealth of Australia.
The
CERTIFICATE OF REGISTRATION OF INTERNATIONAL OR STATE COPYRIGHT.
No.
I, Registrar of Copyrights, do hereby certify that of who is the registered owner of in (in respect of which he is entitled to protection in for from the day of a.d. 19 ), has this day been registered as the owner of the in the said in the Commonwealth of Australia.
Given under my hand and the seal of the Copyright Office this day of a.d. 19 .
(l.s.)
Registrar of Copyrights.
Form E.
Commonwealth of Australia.
The
REQUEST TO ENTER NAME OF SUBSEQUENT OWNER OF COPYRIGHT, PERFORMING RIGHT, OR LECTURING RIGHT UPON THE REGISTER OF COPYRIGHTS.
(Place)—
(Date)—
I (1) hereby request that you will enter my name in the Register of Copyrights as owner of (2) in the (3) Copyrights on the day of A.D. 19 , No. (5) which was entered in the Register of (4)
I am entitled to the said (2) by virtue of (6)
And in proof whereof I transmit the accompanying (7) with an attested copy thereof.
And I mate this declaration conscientiously believing it to be true.
Dated this day of a.d. 19 .
(8)
Declared before me at the day of 19 .
(9)
To the Registrar of Copyrights,
Commonwealth of Australia.
(1) Here insert (in full) name, address, and occupation of applicant.
(2) Copyright, performing right, or lecturing right, as the case may be.
(3) Here insert “book,” “artistic work,” “musical or dramatic work,” or “lecture,” as the case may be, together with name or particulars of the book, &c.
(4) “Literary,” “Fine Arts,” or “International and State” as the case may be.
(5) Here insert the number of the entry.
(6) Here insert particulars showing how transferee derives his title.
(7) Here insert the nature of the document.
(8) To be signed by the person applying for registration of the transfer.
(9) To be signed by the person before whom the declaration is made.
Form F.
Commonwealth of Australia.
The
REQUEST TO ENTER NOTIFICATION OF LICENCE OR OTHER DOCUMENT IN THE REGISTER OF COPYRIGHTS.
(Place)–
(Date)—
I (l) hereby transmit an attested copy of (2) under (3) No. (4) which was registered in the Register of (5) Copyrights on day of a.d. 19 .
I also enclose the original document for verification, and I have to request that a notification thereof may be entered in the Register.
(Signature)—
To the Registrar of Copyrights,
Commonwealth of Australia.
(1) Here insert (in full) name and address.
(2) Here insert a description of the nature of the document.
(3) “Copyright,” “performing right,” or “lecturing right,” as the case may be.
(4) Here insert the number of the entry.
(5) “Literary,” “fine arts,” or “International and State,” as the case may be.
Form G.
Commonwealth of Australia.
The
APPLICATION FOR AMENDMENT OR ALTERATION OF THE REGISTER UNDER SECTION 72 OF THE ACT.
I (1) of (2) (3) the owner of (4) No. (5) which was entered in the Register of (6) Copyrights on day of a.d. 19 , request that you will amend or alter such Register in the following manner:—(7)
And I do hereby declare that the error arose through the following circumstances:—
(8)
And I make this declaration conscientiously believing it to be true.
Dated this day of a.d. 19 .
(9)
Declared before me at the day of 19 .
(10)
To the Registrar of Copyrights,
Commonwealth of Australia.
(1) Name (in full) of registered owner of copyright, performing right, or lecturing right.
(2) Address.
(3) Occupation.
(4) “Copyright,” “performing right,” or “lecturing right;” as the case may be.
(5) Here insert the number of the entry.
(6) “Literary,” “Fine Arts,” or “International and State,” as the case may be.
(7) Here set out desired amendment or alteration of the Register.
(8) Here furnish particulars of the circumstances under which the error arose.
(9) To be signed by the registered owner.
(10) To be signed by the person before whom the declaration is made.
Form H.
Commonwealth of Australia.
The
REQUEST TO TRANSMIT APPLICATION FOR PERMISSION TO TRANSLATE A BOOK INTO A PARTICULAR LANGUAGE.
I (1) of (2) (3) hereby request that you will be good enough to forward to the Minister for Trade and Customs the attached form, being an application for permission to translate the book (4) into the (5) language.
Dated this day of a.d. 19 .
(6)
To the Registrar of Copyrights,
Commonwealth of Australia.
(1) Name of applicant (in full)
(2) Address.
(3) Occupation.
(4) Here insert title of book.
(5) Here insert
name of language in to which it is desired the translation be made,
(6) To be signed by the person desiring to make the translation.
Form I.
Commonwealth of Australia.
The
APPLICATION TO MINISTER FOR PERMISSION TO TRANSLATE A BOOK INTO A PARTICULAR LANGUAGE.
I (1) of (2) (3) hereby apply for the permission of the Minister for Trade and Customs to make a translation of the book (4) into the (5) language.
The copyright in the book stands in the name of (6) of (7) (8) the book in question having been first published on the day of a.d. 19 , and up to the present time no translation of the book in to the (5) language has been made by the owner of the copyright or by any person by his authority.
I forward herewith proof of my capacity to perform the work of translation.
Dated this day of a.d. 19 .
(9)
(Witness)—
To the Minister for Trade and Customs,
Commonwealth of Australia.
(1) Name of applicant (in full).
(2) Address.
(3) Occupation.
(4) Here insert title of book.
(5) Here insert name of language into which it is desired the translation be made, e.g., “French,” “Spanish.”
(6) Here insert full name of registered owner of copyright.
(7) Here insert registered owner’s address.
(8) Here insert his occupation.
(9) To be signed by the person desiring to make the translation.
C. 12048. b
Form J.
Commonwealth of Australia.
The
SEARCH WARRANT UNDER
SECTION 52 (1) (
To a constable of police in the State of and to all constables of police in the said State.
Whereas I am satisfied by evidence that there is reasonable ground for believing that pirated (1) being reproductions of (2) are being sold or offered for sale at (3) in the State of (4) These are therefore to authorize and command you in the King’s name to seize the said pirated (1) and to bring them before (5)
Given under my hand and seal at in the State of the day of 19
(l.s.)
A Justice of the Peace in the State of
(1) Here insert “books” or “artistic works.”
(2) Here insert “a book called (here insert title of book or any other description necessary to identify the book)”; or “a work of art (here insert a description of the work of art sufficient to identify it).”
(3) Here insert name of town or place.
(4) Here insert name of State.
(5) Here specify the Court of Summary Jurisdiction before which the pirated books or works of art are to be brought.
Form K.
Commonwealth of Australia.
The
SEARCH WARRANT UNDER
SECTION 52 (1) (
To a constable of police in the State of and to all constables of police in the said State.
Whereas I am satisfied by evidence that there is reasonable ground for believing that pirated
(1) being reproductions of (2) are to be found in (3) in the State of (4)
These are therefore to authorize and command you in the King’s name to search between sunrise and sunset, the said (5) and to seize the said pirated (1) or any books or artistic works reasonably suspected to be pirated books or pirated artistic works found by you therein and to bring them before (6)
Given under my hand and seal at in the State of the day of 19
(l.s.)
A Justice of the Peace in State of
(1) Here insert “books” or “artistic works.”
(2) Here insert “a book called (here insert title of book or any other description necessary to identify the book)”; or “a work of art (here insert a description of the work of art sufficient to identify it).”
(3) Here describe the house, shop, or other place where the pirated works are believed to be, and the town or place in which it is situated.
(4) Here insert name of State
(5) Here insert house, shop, or place as the case requires.
(6) Here insert the Court of Summary Jurisdiction before which the pirated books or works of art are to be brought.
Form L.
Commonwealth of Australia.
The
NOTICE UNDER SECTION 53 OF THE ACT.
To (1)
I hereby give you notice that (2) is/am the owner of the copyright in (3) which copyright was registered in the Copyright Office on the day of 19 , and that I have reasonable ground to believe that you have pirated reproductions of the said (4) in your possession or power.
I now give you notice in accordance
with Section 53 of the
And I further give you notice that (5) will attend at (6) on the (7) to receive delivery of the said pirated reproductions.
Dated this day of 19 .
(8)
(1) Here set out name, description, and address of the person to whom the notice is given.
(2) Here set out the name, description and address of the owner of the copyright.
(3) Here describe the book or artistic work sufficiently to identify it.
(4) Here insert “book” or “artistic work” as the case requires.
(5) Here set out person who is to attend to receive delivery.
(6) Here set out address or place of business of person to whom the notice is given.
(7) Here specify date and time when delivery is to be made. A reasonably sufficient time for compliance should be allowed.
(8) To be signed by the owner of the copyright or his agent. If signed by the agent, the words “agent of the owner of the copyright appointed in writing” are to be added.
Note—A copy of Section 53 must be indorsed on this notice.
Form M.
Commonwealth of Australia.
The
NOTICE UNDER SECTION 54 OF THE ACT FORBIDDING THE PERFORMANCE OF A MUSICAL OR DRAMATIC WORK.
To (l)
I hereby give you notice that (2) am/is the owner of the performing right in a (3) work called (4)
which performing right was registered in the Copyright Office on the day of 19 , and that I have reasonable ground to believe that you are about to perform or take part in the performance of the said work at (5) in infringement of the said performing right.
I now give you notice, in
accordance with Section 54 of the
Dated this day of 19
(6)
(1) Here set out the name, description, and address of the person to whom the notice is given.
(2) Here set out the name, description, and address of the owner of the performing right.
(3) Here insert “musical” or “dramatic,” as the case requires.
(4) Here set out the title of the musical or dramatic work.
(5) Here set out place where performance is believed to be about to take place.
(6) To be signed by the owner of the performing right or his agent. If signed by the agent, the words “agent of the owner of the performing right appointed in writing” are to be added.
Note.—A copy of Section 54 must be indorsed on this notice.
Form N.
Commonwealth of Australia.
The
REQUEST UNDER SECTION 56 OF THE ACT FOR THE SEIZURE BY THE POLICE OF PIRATED BOOKS OR WORKS.
To police constable in the (1) of (2) and to all constables of police in the said (1)
I hereby give you notice that (3) is/am the owner of the copyright in (4) and that I have reasonable ground to believe that pirated reproductions of the said (5) are being unlawfully sold or let for hire or exposed or offered or kept for sale or hire or distributed or exhibited in public in the said (1) of (2)
I therefore request you, in
accordance with Section 56 of the
Dated this day of 19 .
(6)
(1) Here insert “town” or “district” or as the case may require.
(2) Here insert name of town or district.
(3) Here set out the name, description, and address of the owner of the copyright.
(4) Here insert “a book called (setting out the name of book)”; or “a work of art being (followed by a description of the work of art sufficient to identify it).”
(5) Here insert “book” or “work of art” as the case requires.
(6) To be signed by the owner of the copyright or his agent. If signed by the agent the words “agent for the owner of the copyright appointed in writing” are to be added.
NOTE.— A copy of Section 56 must be indorsed on this notice.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
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