Copyright Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, make the following Regulations under the
Dated 18 June 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
MICHAEL DUFFY
Attorney-General
_________
1.1 The Copyright Regulations are amended as set out in these Regulations.
see
2.1 Paragraph 6 (2) (b):
Omit the paragraph.
3.1 Omit the regulation, substitute:
Where sub-subparagraph 55 (1) (d) (ii) (b) of the Act applies, the prescribed royalty, within the meaning of section 55 of the Act, is to be paid in accordance with regulations 9 to 14, inclusive, of these Regulations.”.
4.1 Subregulation 9 (1):
Omit all the words from and including “shall, for the purposes” to the end, substitute “constitutes a manner of payment of the prescribed royalty in respect of the record.”.
5.1 Subregulation 10 (1):
Omit “of sub-paragraph (ii) of paragraph (d) of sub-section (1) of section 55 of the Act in relation to the payment of a royalty”, substitute “of sub-subparagraph 55 (1) (d) (ii) (b) of the Act to the payment of a prescribed royalty”.
6.1 Subregulation 11 (1):
Omit “For the purposes of sub-paragraph (ii) of paragraph (d) of sub-section (1) of section 55 of the Act, the royalty”, substitute “For the purposes of sub-subparagraph 55 (1) (d) (ii) (b) of the Act, the prescribed royalty”.
6.2 Subregulation 11 (3):
Omit all the words from and including “to the amount that bears” to the end, substitute “to the amount ascertained in accordance with the formula:
where:
A is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year immediately preceding the date on and from which the deposit has effect; and
B is the number of whole months included in the first period that is an accounting period in relation to the owner and the manufacturer; and
C is the number of whole months of the year that are included in the period of one year immediately preceding the date on and from which the deposit has effect and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act by him or her to the owner.”.
6.3 After subregulation 11 (3), insert:
“(3a) The manufacturer must, subject to this regulation, maintain the amount, ascertained in accordance with the formula in subregulation (3), on deposit with the owner of the copyright .”.
6.4 Subregulation 11 (9):
Omit all the words from and including “to the amount that bears” to the end, substitute “to the amount ascertained in accordance with the formula:
where:
A is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year (in this subregulation referred to as ‘the relevant period’) immediately preceding that day; and
B is the number of whole months included in the last period that was an accounting period in relation to the owner and the manufacturer and ended on or before that day; and
C is the number of whole months of the year that are included in the relevant period and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act by him or her to the owner.”.
7.1 Subregulation 12 (1):
Omit “the royalty referred to in sub-paragraph (ii) of paragraph (d) of subsection (1) of section 55 of the Act shall, for the purposes of paragraph (b) of sub-section (5) of that section be deemed to” substitute “the prescribed royalty referred to in sub-subparagraph 55 (1) (d) (ii) (b) of the Act is taken to”.
8.1 Subregulation 13 (3):
Omit “payment shall, for the purposes of paragraph (b) of sub-section (5) of section 55 of the Act, be deemed to” substitute “the prescribed royalty referred to in sub-subparagraph 55 (1) (d) (ii) (b) of the Act is taken to”.
9.1 Omit the regulation.
10.1 Omit the Schedule substitute:
COUNTRIES IN RELATION TO WHICH DIVISION 6 OF PART III
OF THE ACT APPLIES
Algeria
Andorra
Argentina
Austria
Bahamas
Bangladesh
Barbados
Belgium
Belize
Benin
Bolivia
Brazil
Bulgaria
Burkina Faso
Cambodia
Cameroon, Republic of
Canada
Central African
Republic
Chad
Chile
Colombia
Congo
Costa Rica
Côte d’Ivoire
Cuba
Cyprus
Czech and Slovak
Federal Republic
Denmark
Dominican Republic
Ecuador
Egypt, Arab Republic
of
El Salvador
Fiji
Finland
France
Gabon
Germany, Federal
Republic of
Ghana
Greece
Guatemala
Guinea
Guinea-Bissau
Haiti
Holy See
Honduras
Hungary
Iceland
India
Ireland
Israel
Italy
Japan
Kenya
Korea, Republic of
Lao People’s
Democratic
Republic
Lebanon
Lesotho, Kingdom of
Liberia
Libyan Arab
Jamahiriya
Liechtenstein
Luxembourg
Madagascar
Malawi
Malaysia
Mali
Malta
Mauritania
Mauritius
Mexico
Monaco
Morocco
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
Norway
Pakistan
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Romania
Rwanda
Saint Vincent and the
Grenadines
Senegal
Singapore
South Africa
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Thailand
The Russian Federation
The United Kingdom
Togo
Trinidad and Tobago
Tunisia
Turkey
United States of
America
Uruguay
Venezuela
Yugoslavia
Zaire
Zambia
Zimbabwe
_________________
1. Notified in the
2. Statutory Rules 1969 No. 58 as amended by 1981 Nos. 148 and 355; 1982 No. 65; 1983 Nos. 126, 128 and 293; 1984 Nos. 175 and 275; 1987 No. 34; 1988 No. 125; 1990 Nos. 4, 5, 76 and 301.
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