Copyright Regulations (Amendment) (Cth)

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Statutory Rules 1981 No. 1481

_______________

Copyright Regulations2 (Amendment)

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Copyright Act 1968.

 Dated 17 June 1981.

 STANLEY BURBURY

 Administrator

 By His Excellency’s Command,

P. DURACK

Attorney-General

_______________

 1. Regulation 4 of the Copyright Regulations is repealed and the following regulations are substituted:

Educational institutions

  • “4.

    For the purposes of paragraph (d) of the definition of ‘educational institution’ in section 10 of the Act, each of the institutions specified in Schedule 1 is declared to be an institution to which that paragraph applies.

Institutions assisting handicapped readers

  • “4A.

    For the purposes of paragraph (b) of the definition of ‘institution assisting handicapped readers’ in section 10 of the Act, each of the institutions specified in Schedule 2 is declared to be, for the purposes of the Act, an institution assisting handicapped readers.

Notices to be displayed

  • “4B.

    For the purposes of paragraph 39A (b) of the Act—

    • (a)

      a notice 297 millimetres long and 210 millimetres wide is a notice of the prescribed dimensions; and

    • (b)

      the prescribed form of notice is the form in Schedule 3.”.

 2. After regulation 5 of the Copyright Regulations the following regulation is inserted:

Keeping of records and period for payment for making of copies—sections 53B and 53D of the Act

“5A. (1) For the purposes of paragraph 53B (8) (a) or 53D (9) (a) of the Act, a record of the copying of a work or part of a work may, instead of being kept in writing, be kept in any manner that permits the information in the record to be elicited by the use of a computer.

  • “(2)

    Subject to sub-regulation (3), for the purposes of paragraph 53B (8) (b) or 53D (9) (b) of the Act, where a record of the copying of a work or a part of a work is kept in writing, that record shall be kept in accordance with—

    • (a)

      in the case of the copying of the whole or a part of an article contained in a periodical publication—the form in Schedule 4 or Schedule 5, as the case requires; or

    • (b)

      in the case of the copying of the whole or a part of a work not being an article contained in a periodical publication—the form in Schedule 6 or Schedule 7, as the case requires.

  • “(3)

    Strict compliance with the forms in Schedules 4, 5, 6 and 7 is not necessary and substantial compliance is sufficient.

  • “(4)

    For the purposes of sub-section 53B (11) or 53D (10) of the Act, the prescribed period is 3 years.”.

Reproductions by libraries of editions of works

 3. Regulation 20 of the Copyright Regulations is repealed.

 4. After regulation 25 of the Copyright Regulations the following regulations are inserted:

Prescribed retention period for purposes of Part X of the Act

  • “25A.

    The prescribed retention period for the purposes of Part X of the Act in relation to a copy of the whole or a part of a work is a period of 3 years after the making of that copy in reliance on section 49, 50, 51A, 53B or 53D, as the case requires, of the Act.

Prescribed period for purposes of sub-section 203B (5) of the Act

  • “25B.

    The period of 6 weeks is prescribed for the purposes of sub-section 203B (5) of the Act.”.

The Schedules

 5. The Schedules to the Copyright Regulations are amended by omitting the heading “THE SCHEDULES” and substituting the following Schedules:

SCHEDULE 1

Regulation 4

INSTITUTIONS TO WHICH PARAGRAPH (d) OF THE DEFINITION OF “EDUCATIONAL INSTITUTION” IN SECTION 10 OF THE COPYRIGHT ACT 1968 APPLIES

 Queensland Police Academy, Oxley, Queensland

 Australian Maritime College, Newnham, Tasmania

_________

SCHEDULE 2

Regulation 4A

INSTITUTIONS ASSISTING HANDICAPPED READERS

 “Hear a Book” Service Incorporated (Tasmania)

 Narkaling Library, Subaico, Western Australia

 Royal Victorian Institute for the Blind, Melbourne, Victoria

___________

SCHEDULE 3

Regulation 4B

PRESCRIBED FORM OF NOTICE FOR THE PURPOSES OF

PARAGRAPH 39A (b) OF THE COPYRIGHT ACT 1968

COMMONWEALTH OF AUSTRALIA

 

Copyright Regulations

 

WARNING

 A copyright owner is entitled to take legal action against a person who infringes his copyright. Unless otherwise permitted by the Copyright Act 1968, unauthorized copying of a work in which copyright subsists may infringe the copyright in that work.

Where making a copy of a work is a fair dealing under section 40 of the Copyright Act 1968, making that copy is not an infringement of the copyright in the work.

 It is a fair dealing to make a copy, for the purpose of research or study, or one or more articles on the same subject matter in a periodical publication or, in the case of any other work, of a reasonable portion of a work. In the case of a published work that is of not less than 10 pages and is not an artistic work, 10% of the total number of pages, or one chapter, is a reasonable portion.

 More extensive copying may constitute fair dealing for the purpose of research or study. To determine whether it does, it is necessary to have regard to the criteria set out in sub-section 40 (2) of the Copyright Act 1968.

_______________

SCHEDULE 4

Paragraph 5A (2) (a)

PRESCRIBED FORM OF RECORD FOR THE PURPOSES OF

SUB-SECTIONS 53B (6) AND (8)

COMMONWEALTH OF AUSTRALIA

Copyright Act 1968

RECORD OF COPIES MADE BY OR ON BEHALF OF THE BODY

ADMINISTERING (name of educational institution) OF THE

WHOLE OR A PART OF AN ARTICLE CONTAINED

IN A PERIODICAL PUBLICATION

 

Item

Matter

Particulars

1

If the International Standard Serial Number in respect of the periodical publication is recorded in the periodical publication—that number

2

If the International Standard Serial Number in respect of the publication is not so recorded—the name of the periodical publication

3

The title or description of the article

4

The name of the author of the article (if that name is known)

5

The volume, or volume and number, as the case requires, of the periodical publication containing the article

6

The page numbers of the pages in that volume, or in that number of that volume, that have been copied, or, in a case where a page so copied does not bear a page number, such description of the page as will enable it to be identified

7

The number of copies made

8

The date on which those copies have been made

9

The date on which this record is made

(Signature)

___________

SCHEDULE 5

Paragraph 5A (2) (a)

PRESCRIBED FORM OF RECORD FOR THE PURPOSES OF

SUB-SECTIONS 53D (7) AND (9)

COMMONWEALTH OF AUSTRALIA

Copyright Act 1968

RECORD OF A COPY MADE BY OR ON BEHALF OF THE BODY ADMINISTERING

( name of institution assisting handicapped readers) OF THE WHOLE OR A PART OF AN ARTICLE CONTAINED IN A PERIODICAL PUBLICATION

 

Item

Matter

Particulars

1

If the International Standard Serial Number, in respect of the periodical publication is recorded in the periodical publication—that number

2

If the International Standard Serial Number in respect of the publication is not so recorded—the name of the periodical publication

3

The title or description of the article

4

The name of the author of the article (if that name is known)

5

The volume, or volume and number, as the case requires, of the periodical publication containing the article

6

The page numbers of the pages in that volume, or in that number of that volume, that have been copied, or, in a case where a page so copied does not bear a page number, such description of the page as will enable it to be identified

7

The date on which the copy has been made

8

The form in which the copy has been made

9

The date on which this record was made

(Signature)

______________

SCHEDULE 6

Paragraph 5A (2) (b)

PRESCRIBED FORM OF RECORD FOR THE PURPOSES OF

SUB-SECTIONS 53B (7) and (8)

COMMONWEALTH OF AUSTRALIA

Copyright Act 1968

RECORD OF COPIES MADE BY OR ON BEHALF OF THE BODY

ADMINISTERING (name of educational institution) OF

THE WHOLE OR PART OF A WORK (NOT BEING AN ARTICLE

CONTAINED IN A PERIODICAL PUBLICATION)

 

Item

Matter

Particulars

1

If the International Standard Book Number in respect of the work is recorded in the edition of the work copied—that number

2

If the International Standard Book Number in respect of the work is not so recorded—

  • (a)

    the title or description of the work

  • (b)

    the name of the publisher of the edition of the work

  • (c)

    the name of the author of the work (if that name is known)

3

The page numbers of the pages in the edition of the work that have been copied, or, in a case where a page so copied does not bear a page number, such description of the page as will enable it to be identified

4

The number of copies made

5

The date on which those copies have been made

6

The date on which this record is made

(Signature)

__________

SCHEDULE 7

Paragraph 5A (2) (b)

PRESCRIBED FORM OF RECORD FOR THE PURPOSES OF

SUB-SECTIONS 53D (8) AND (9)

COMMONWEALTH OF AUSTRALIA

Copyright Act 1968

RECORD OF A COPY MADE BY OR ON BEHALF OF THE BODY

ADMINISTERING (name of institution assisting handicapped readers)

OF THE WHOLE OR A PART OF A WORK (NOT BEING

AN ARTICLE CONTAINED IN A PERIODICAL PUBLICATION)

Item

Matter

Particulars

1

If the International Standard Book Number, in respect of the work is recorded in the edition of the work copied—that number

2

If the International Standard Book Number in respect of the work is not so recorded—

  • (a)

    the title or description of the work

  • (b)

    the name of the publisher of the edition of the work

  • (c)

    the name of the author of the work (if that name is known)

3

The page numbers of the pages in the edition of the work that have been reproduced, or, in a case where a page so reproduced does not bear a page number, such description of the page as will enable it to be identified

4

The date on which the copy has been made

5

The form in which the copy has been made

6

The date on which this record is made

(Signature)

________

Formal and other minor amendments of the Copyright Regulations

 6.The Copyright Regulations are amended as set out in the Schedule.

SCHEDULE

Regulation 6

FORMAL AND OTHER MINOR AMENDMENTS

Provision amended

Amendment

Sub-regulation 6 (1)

Omit “First Schedule”, substitute “Schedule 8”.

Sub-regulation 21 (1)

Omit “Second Schedule”, substitute “Schedule 9”.

Sub-regulation 22 (4)

Omit “Third Schedule”, substitute “Schedule 10”.

Sub-regulation 23 (4)

Omit “Fourth Schedule”, substitute “Schedule 10”.

Regulation 26

Omit “Fifth Schedule”, substitute “Schedule 12”.

First Schedule

Omit the heading “FIRST SCHEDULE”, substitute “SCHEDULE 8”.

Second Schedule

Omit the heading “SECOND SCHEDULE”, substitute “SCHEDULE 9”.

Third Schedule

Omit the heading “THIRD SCHEDULE”, substitute “SCHEDULE 10”.

Fourth Schedule

Omit the heading “FOURTH SCHEDULE”, substitute “SCHEDULE 11”.

Fifth Schedule

Omit the heading “FIFTH SCHEDULE”, substitute “SCHEDULE 12”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 June 1981.

2. Statutory Rules 1969 No. 58.

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