Copyright Amendment Act 1989

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Copyright Amendment Act 1989

No. 32 of 1989

TABLE OF PROVISIONS

Section

1. Short title etc.

2. Commencement

3. Long title

4. Interpretation

5. Performance

6. Fair dealing for purpose of research or study

7. Insertion of new section:

51aa. Copying of works in Australian Archives

8. Interpretation

9. Conditions upon which manufacturer may make records of musical work

10. Repeal of sections 74 and 75 and substitution of new sections:

74. Corresponding design

75. Copyright protection where corresponding design registered

11. Repeal of section 77 and substitution of new section:

77. Application of artistic works as industrial designs without registration of the designs

12. Insertion of new section:

103c. Fair dealing for purpose of research or study

13. Filming or recording broadcasts for private and domestic use

14. Insertion of new Part:

PART Va—COPYING OF BROADCASTS BY EDUCATIONAL AND OTHER INSTITUTIONS

Division 1—Preliminary

135a. Interpretation

135b. Copies of broadcasts

135c. Student of an institution

135d. Operation of collecting society rules


TABLE OF PROVISIONS—continued

Section

Division 2—Copying of broadcasts

135e. Copying of broadcasts by educational institutions etc.

135f. Preview copies

135g. Remuneration notices

135h. Records notices

135j. Sampling notices

135k. Marking and record keeping requirements

135l. Inspection of records etc.

135m. Revocation of remuneration notice

135n. Request for payment of equitable remuneration

Division 3—The collecting society

135p. The collecting society

135q. Revocation of declaration

135r. Annual report and accounts

135s. Amendment of rules

Division 4—Interim copying

135t. Appointment of notice holder

135u. Copying before declaration of collecting society

135v. Preview copies

135w. Notices by administering bodies

135x. Marking and record keeping requirements

135y. Effect of declaration of collecting society

Division 5—Miscellaneous

135z. Relevant copyright owner may authorise copying

135za. Copyright not to vest in copier

15. Insertion of new Part:

PART Vb—COPYING OF WORKS ETC. BY EDUCATIONAL AND OTHER INSTITUTIONS

Division 1—Preliminary

135zb. Interpretation

135zc. Eligible items and photographic versions

135zd. Student of an institution

135ze. Part does not apply to computer programs

135zf. Operation of collecting society rules

Division 2—Copying of works by educational institutions

135zg. Multiple copying of insubstantial portions of works

135zh. Copying of published editions by educational institutions

135zj. Multiple copying of periodical articles by educational institutions

135zk. Multiple copying of works published in anthologies

135zl. Multiple copying of works by educational institutions

135zm. Application of Division to certain illustrations

Division 3—Copying of works by institutions assisting handicapped readers

135zn. Copying of published editions by institutions assisting handicapped readers

Overview

The Copyright Amendment Act 1989 (No. 32 of 1989) was enacted by the Parliament of Australia to amend the existing Copyright Act 1968, and to address gaps in the copyright protection of certain performances, particularly focusing on the rights of performers and the equitable remuneration for the use of copyrighted material in educational and private contexts. This amendment was driven by the need to adapt copyright laws to the evolving landscape of media and technology, ensuring that both creators and users of copyrighted works are adequately protected. The act introduced new provisions to safeguard the rights of performers, establish mechanisms for equitable remuneration for the use of broadcasts and works by educational and other institutions, and regulate the use of blank tapes for private and domestic copying. Additionally, it extended protection to foreign countries while denying such protection to those that do not offer equivalent safeguards to Australian performers. The policy objective was to balance the interests of copyright holders with the needs of educational institutions, handicapped readers, and the general public for access to copyrighted material under certain conditions.

Scope and Application

The Copyright Amendment Act 1989 amends the Copyright Act 1968 to extend and modify copyright protections, particularly concerning the copying of works for educational purposes, the use of blank tapes for private and domestic copying, and the protection of performers' rights. The Act applies to various entities, including educational institutions, institutions assisting handicapped and intellectually handicapped persons, and bodies administering these institutions. It governs the conditions under which these entities can make copies of works and broadcasts without infringing copyright, provided that certain notices are given to the relevant collecting societies and remuneration is paid where applicable. The Act also details the roles and responsibilities of collecting societies, including their establishment, the declaration of their functions, and the revocation of such declarations if certain conditions are not met. It further outlines the procedures for determining royalties and equitable remuneration through applications to the Copyright Tribunal, and sets out the penalties for unauthorised use of performances and recordings, with specific provisions for prosecution and the destruction or delivery up of unauthorised recordings. The Act applies throughout the Commonwealth of Australia and can be extended to foreign countries through regulations, provided those countries offer adequate protection to Australian copyright holders. The Act includes specific exclusions, such as its non-application to computer programs and certain types of tapes deemed for exempt use. The Act also provides for the review of certain decisions by the Administrative Appeals Tribunal and specifies the jurisdiction of the Federal Court of Australia in relation to actions under the Act.

Key Provisions

  • The Copyright Amendment Act 1989 introduces several key changes and provisions to the Copyright Act 1968. Firstly, it expands the definition of "educational purposes" to include the making, use, or retention of copies for specific courses of instruction or inclusion in an institution’s library (Section 4, Subsection 10(1a)). It also permits the making of single copies of works in the Australian Archives for various internal uses without infringing copyright, provided certain conditions are met (Section 7, Subsection 51aa). Additionally, the Act allows for fair dealing with literary works for approved research or study by external students, excluding lecture notes (Section 6, Subsection 40(1a)). The Act further modifies the conditions under which manufacturers can make records of musical works, now requiring the payment of a prescribed royalty (Section 9, Subsection 55). It also changes the scope of "corresponding design" and the application of artistic works as industrial designs, with specific provisions for when and how these designs can be applied without infringing copyright (Sections 10 and 11, Subsections 74, 75, and 77).
  • These amendments impose obligations on various parties, including educational and other institutions, to comply with specific procedures for copying broadcasts and works for educational and assistive purposes. For instance, institutions must provide remuneration notices to a collecting society and comply with marking and record-keeping requirements to avoid infringement (Sections 135e to 135k). The Act also establishes detailed provisions for the operation of collecting societies, including their declaration, powers of inspection, and financial reporting obligations (Sections 135p to 135s and 135zzb to 135zze). It allows for the making of multiple copies of insubstantial portions of works, published editions, periodical articles, and works in anthologies by educational institutions and institutions assisting handicapped readers, subject to certain conditions and the issuance of remuneration notices (Sections 135zg to 135zt and 135zs to 135zzg).
  • The Act outlines several offences and penalties for breaches. For example, failure to comply with marking and record-keeping requirements can result in fines of up to $500 (Section 135k(4)). Similarly, making copies for purposes other than those specified, selling them for profit, or supplying them without a remuneration notice can nullify the exemptions provided (Section 135zzh). The Act also criminalises certain unauthorised uses of performances, such as making recordings or broadcasting performances without the performer's consent, with penalties including fines and imprisonment depending on the type of recording and the nature of the offence (Sections 248p to 248r). Moreover, there are provisions for the destruction or delivery up of unauthorised recordings upon conviction (Section 248t).
  • Lastly, the Act extends certain protections to foreign performances and performers, contingent on reciprocal protections in the foreign country, and provides mechanisms for the application of these protections to foreign countries through regulations (Sections 248u and 248v). It also allows for the use of blank tapes for private and domestic copying, subject to the payment of royalties and specific exemptions (Sections 135zzm to 135zzs). The Act maintains the jurisdiction of the Federal Court of Australia over certain actions and decisions, including those related to the determination of royalties and the inspection of records (Sections 195aa, 195b, and 248m).

Legal classification tags

Area of Law
Intellectual Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Enforcement Powers
Compliance Obligations
Prohibited Conduct
Rights & Protections

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.