Overview

The Copyright Amendment Act 1983, enacted in 1983, amends the Copyright Act 1968 to update and refine certain provisions concerning the reproduction and archival of copyright material for broadcasting and other purposes. This Act was passed by the Australian Parliament, addressing gaps and updating provisions to better suit the evolving landscape of media and technology. The primary objective of this amendment is to streamline the process for delivering copyrighted material to the Australian Archives while ensuring that only recordings and films of exceptional documentary value are archived. This amendment aims to balance the preservation of important cultural and historical content with the need to protect copyright holders' interests.

Scope and Application

The Copyright Amendment Act 1983 amends the Copyright Act 1968, which governs the protection of copyright in Australia. The 1983 Act applies to individuals, entities, and industries within Australia and modifies the scope of copyright protection, particularly concerning the reproduction and delivery of certain works to the Australian Archives. It replaces references to the National Librarian and the National Library with the Director-General of the Australian Archives and the Australian Archives, respectively. The Act specifies that the Director-General of the Australian Archives may only consent to the delivery of records embodying a recording or copy of a film, or a copy of a sound recording, if they are of exceptional documentary character. This amendment restricts the automatic inclusion of such works in the archives unless they meet the stipulated documentary criteria. The Act’s jurisdictional reach is national, applying throughout the Commonwealth of Australia, and it does not specify exclusions or thresholds beyond those mentioned. Any further details or refinements to the application of this Act may be addressed through subordinate instruments.

Key Provisions

The Copyright Amendment Act 1983 (C2004A02797) modifies several sections of the Copyright Act 1968 (referred to as the Principal Act in the Amendment Act) to update the process of delivering certain records and copies to the Australian Archives. Specifically, sections 47, 70, and 107 of the Principal Act are amended to reflect changes in the administrative process. These sections pertain to the reproduction of works for broadcasting, the inclusion of works in television broadcasts, and the making of records embodying sound recordings for broadcasting purposes (ss. 3, 4, and 5). The amendments alter the requirement of consent from the National Librarian to the consent of the Director-General of the Australian Archives (ss. 3(a), 4(a), and 5(a)). Additionally, a new sub-section is added to each of these sections, stipulating that the Director-General of the Australian Archives must certify that the recording or film is of an exceptional documentary character before consenting to its delivery (ss. 3(b), 4(b), and 5(b)). The obligations imposed by the Copyright Amendment Act 1983 on the parties involved primarily concern the process of delivering certain records and copies to the Australian Archives. Specifically, these obligations mandate that consent must now be obtained from the Director-General of the Australian Archives instead of the National Librarian, and that this consent is contingent on a certification that the recording or film is of an exceptional documentary character. This certification process is intended to ensure that only works of significant documentary value are retained by the Australian Archives, thereby preserving important cultural and historical content. The amendment reflects a shift in responsibility from the National Librarian to the Director-General of the Australian Archives, highlighting the importance of documentary records in the national archive. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, it is important to note that the Copyright Act 1968, which the Amendment Act modifies, does include provisions for infringement and penalties. For instance, under the Principal Act, unauthorised use of copyrighted material can result in civil penalties, including damages and an account of profits, as well as criminal penalties, such as fines and imprisonment, depending on the nature and extent of the infringement. While the Amendment Act itself does not introduce new offences or penalties, it is essential to consider the broader legal framework provided by the Principal Act when assessing the implications of non-compliance with the amended provisions.