Copyright Regulations 2017
made under the
Copyright Act 1968
Compilation No. 2
Compilation date: 20 March 2024
Includes amendments: F2024L00294
Registered: 25 March 2024
About this compilation
This compilation
This is a compilation of the Copyright Regulations 2017 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name
3 Authority
4 Definitions
Part 2—Copyright in original works
5 Notices to be displayed near library or archive machines used to make infringing copies—paragraph 39A(b) of the Act
6 Notice requirements for communication of electronic reproduction by library or archives—subparagraph 49(7A)(c)(ii) of the Act
7 Notice of intended publication of unpublished work kept in public library—paragraphs 52(1)(b) and (2)(b) of the Act
8 Countries in relation to which Division 6 of Part III of the Act applies—subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act
9 Notice of intended making of record of musical work
10 Prescribed period relating to making of records of musical works—subsection 55(3) of the Act
11 Inquiries relating to previous records of musical works—section 61 of the Act
12 Circumstances in which design is taken to be applied industrially—section 77 of the Act
Part 3—Copyright in subject‑matter other than works
13 Notices to be displayed near library or archive machines used to make infringing copies—paragraph 104B(b) of the Act
14 Prescribed period relating to public performance of recordings first published outside Australia—paragraph 108(1)(b) of the Act
15 Prescribed period relating to broadcasts of recordings not published in Australia—subsection 109(3) of the Act
Part 4—Uses that do not infringe copyright
Overview
The Copyright Regulations 2017 were enacted under the Copyright Act 1968 by the Australian Government to implement and regulate aspects of copyright law in Australia. These regulations address various issues, including the procedural requirements for notifying and dealing with copyright infringements on service providers' systems, the rights and responsibilities of collecting societies, and the operation of the Copyright Tribunal. The objective of these regulations is to ensure that copyright is protected in the digital age while balancing the rights of copyright holders and service providers. They provide detailed guidelines on how notices and counter-notices should be communicated, the process for handling copyright infringement claims, and the responsibilities of service providers in maintaining compliance with copyright laws. Additionally, they aim to streamline the legal processes involved in addressing copyright infringements, particularly those involving digital content and online services.
Scope and Application
The Copyright Regulations 2017, made under the Copyright Act 1968, apply to various entities, including individuals, corporations, and service providers, within Australia, including its external territories such as Norfolk Island, Christmas Island, and Cocos (Keeling) Islands. These regulations govern the procedures and requirements for handling copyright infringement claims, including the process for notices, counter-notices, and takedowns of infringing content. They establish the specific forms and content required for notices to be displayed near library or archive machines, as well as for notices related to the intended publication or recording of works. Additionally, they detail the process for the designation of representatives by service providers to receive notifications and notices, and outline the procedural steps to be followed in the event of a takedown of copyright material. The regulations also set out the circumstances under which certain uses do not constitute an infringement, including the roles of key cultural institutions. Furthermore, they define the rules governing collecting societies, including their accounting periods, equitable remuneration, and allocation of distributable amounts. The regulations extend to international organisations listed under subsection 186(1) of the Act, such as the World Intellectual Property Organization and the United Nations Educational, Scientific and Cultural Organization. The regulations are complemented by subordinate instruments, including schedules that provide specific forms for notices and summons, thereby ensuring detailed compliance with the legislative framework.
Key Provisions
- The Copyright Regulations 2017, made under the Copyright Act 1968, outline various operative sections and requirements. Firstly, Section 5 mandates that notices must be displayed near machines in libraries or archives that are used for making infringing copies. These notices must be at least 297 millimetres long and 210 millimetres wide, containing specific text as outlined in Schedule 1. Similarly, Section 13 requires notices near machines used to copy published editions or audio-visual items to adhere to the same dimensions and text requirements. Section 7 specifies the content and publication process for a notice of the intended publication of an unpublished work kept in a public library, including details such as the intending publisher's contact information, the title of the work, and the date it was made. Additionally, Section 8 delineates the countries to which Division 6 of Part III of the Act applies, primarily those that are members of certain international copyright treaties or the World Trade Organization. Section 9 further prescribes the notice of intended making of a record of a musical work, outlining the necessary content and methods of delivery.
- The regulations impose several obligations and requirements on the parties involved. For instance, Section 19 mandates that service providers must designate one or more representatives to receive notifications, notices, and counter-notices concerning potential copyright infringements. These designated representatives must have their contact information prominently published on the service provider’s website. Section 20 stipulates that notifications, notices, or counter-notices related to copyright infringement must be provided in a prescribed form and sent to the designated representatives of the service providers. Libraries and archives must also comply with specific notice requirements when communicating electronic reproductions, as detailed in Section 6. Furthermore, Section 17 outlines prescribed provisions for the rules of collecting societies, including the allocation of equitable remuneration and the operation of trust funds for non-member entitled persons.
- The Act also includes provisions regarding offences, penalties, and consequences for breaches. Section 37 ensures that service providers are not liable for damages or other civil remedies when they act in good faith to comply with certain conditions related to copyright material. However, failure to restore or enable access to copyright material after a counter-notice, as specified in Sections 28 and 32, can result in liability for damages. Section 39 addresses misrepresentations in notifications and notices, allowing affected parties to bring a civil action for damages if they suffer loss due to a material misrepresentation. Additionally, Division 2 and Division 3 detail the process for infringement notices and forfeiture of infringing articles and devices, providing an alternative to prosecution for certain strict liability offences. Under these divisions, an infringement officer can issue an infringement notice within 12 months of the alleged offence, and the person can choose to pay a specified amount instead of facing prosecution. If the person fails to restore or enable access to the infringing material within the stipulated period, they may be liable for damages as per Section 38. Penalties for non-compliance with these regulations can include substantial fines, with the exact amounts varying depending on the specific provision violated. For example, under the Act, certain copyright infringements carry penalties of up to 12 penalty units for individuals and 60 penalty units for bodies corporate, as detailed in Section 44.
- Overall, these regulations are designed to balance the protection of copyright holders' rights with the operational needs of service providers and the public interest in fair use and access to information. They provide clear guidelines for the management of copyright material, the process for addressing alleged infringements, and the consequences for non-compliance, ensuring that both copyright holders and users are protected under the law.
- Area of Law
- Intellectual Property Law
- Technology Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Enforcement Powers
- Licensing & Registration
- Civil Remedies
- Infringement Notices
