Copyright Amendment Act 2006
No. 158, 2006
An Act to amend the Copyright Act 1968, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Criminal laws
Part 1—Main amendments
Copyright Act 1968
Part 2—Amendment contingent on the Archives Amendment Act 2006
Copyright Act 1968
Schedule 2—Presumptions
Copyright Act 1968
Schedule 3—Technologically neutral definitions
Copyright Act 1968
Schedule 4—Civil remedies and commercial‑scale infringement online
Copyright Act 1968
Schedule 5—Customs seizure of imported infringing copies
Copyright Act 1968
Schedule 6—Exceptions to infringement of copyright
Part 1—Recording broadcasts for replaying at more convenient time
Copyright Act 1968
Part 2—Reproducing copyright material in different format for private use
Copyright Act 1968
Part 3—Use of copyright material for certain purposes
Copyright Act 1968
Part 4—Fair dealing for research or study
Copyright Act 1968
Part 5—Official copying of library and archive material
Copyright Act 1968
Schedule 7—Maker of communication
Copyright Act 1968
Schedule 8—Responses to Digital Agenda review
Part 1—Communication in the course of educational instruction
Copyright Act 1968
Part 2—Educational copying of communications of free‑to‑air broadcasts
Division 1—Main amendments
Copyright Act 1968
Division 2—Consequential amendments
Copyright Act 1968
Part 3—Insubstantial parts of works in electronic form
Copyright Act 1968
Part 4—Electronic anthologies
Copyright Act 1968
Part 5—Active caching for educational purposes
Copyright Act 1968
Schedule 9—Unauthorised access to encoded broadcasts
Copyright Act 1968
Schedule 10—Copyright Tribunal: amendments commencing first
Part 1—Remuneration required by Parts VA and VB
Copyright Act 1968
Part 2—Declarations of collecting societies
Copyright Act 1968
Part 3—Tribunal name
Copyright Act 1968
Part 4—Registrar
Copyright Act 1968
Schedule 11—Copyright Tribunal: amendments commencing second
Part 1—Licences and licence schemes
Division 1—Voluntary licences
Copyright Act 1968
Division 2—Substituting licence schemes
Copyright Act 1968
Division 3—Involvement of Australian Competition and Consumer Commission
Copyright Act 1968
Part 2—Distribution of amounts collected by declared collecting societies
Copyright Act 1968
Part 3—Manner of paying royalty for copying musical works
Copyright Act 1968
Part 4—Records notices
Copyright Act 1968
Part 5—Alternative dispute resolution
Copyright Act 1968
Part 6—Determination of questions relating to Parts VA and VB
Copyright Act 1968
Schedule 12—Technological protection measures
Part 1—Main amendments
Copyright Act 1968
Part 2—Amendments contingent on the Archives Amendment Act 2006
Copyright Amendment Act 2006
No. 158, 2006
An Act to amend the Copyright Act 1968, and for related purposes
[Assented to 11 December 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Copyright Amendment Act 2006.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 11 December 2006 |
2. Schedule |
Overview
The Copyright Amendment Act 2006, enacted by the Parliament of Australia, aims to amend the Copyright Act 1968 to address the growing challenges of copyright infringement in the digital age. This legislation introduces a suite of measures to strengthen the enforcement of copyright protections, particularly in the context of commercial-scale digital infringements, and to enhance the rights of copyright holders against unauthorised use of their works. By updating the legal framework, the Act seeks to better align copyright law with technological advancements and the realities of online distribution and consumption of copyrighted materials. The primary focus of the amendments is to provide more robust criminal penalties for significant copyright violations, to clarify definitions and presumptions related to copyright infringement, and to introduce new civil remedies and procedures to facilitate the protection and enforcement of copyright in the digital environment.
Scope and Application
The Copyright Amendment Act 2006, No. 158, is a Commonwealth Act that amends the Copyright Act 1968. This Act applies to individuals and entities engaged in commercial-scale copyright infringement within Australia. The legislation imposes criminal penalties for acts such as making, importing, distributing, selling, or offering infringing copies commercially, with specific emphasis on actions that prejudice the copyright owner. It also introduces civil remedies and increases penalties for certain copyright infringements, particularly those involving the conversion of works into digital formats. The Act provides for exceptions to infringement for activities such as private copying for personal use, fair dealing for research or study, and specific educational uses. Notably, it introduces stricter enforcement measures for breaches of technological protection measures and electronic rights management information. The Act allows for the establishment of a collecting society and sets out procedures for the distribution of amounts collected by these societies. It also provides for the involvement of the Australian Competition and Consumer Commission in certain proceedings and sets out the process for the determination of questions by the Copyright Tribunal. The Act’s provisions are largely confined to acts occurring within Australia, with some exceptions for activities lawfully conducted for law enforcement or national security purposes. The Act commenced on various dates between 11 December 2006 and 1 January 2007, with some provisions contingent on the commencement of the Archives Amendment Act 2006. The Act may be further extended through subordinate instruments.
Key Provisions
- The main operative sections of the Copyright Amendment Act 2006 pertain to criminal laws, presumptions, technologically neutral definitions, civil remedies for commercial-scale infringement online, and customs seizure of imported infringing copies. These sections introduce new offences, amend existing ones, and provide for new presumptions and definitions that are technologically neutral, making the Act more adaptable to future technological advancements. The Act also provides for civil remedies in cases of commercial-scale infringement online and increases the quantum of infringing copies that can be seized by customs officers.
- The obligations and requirements imposed by the Act on the parties and entities it governs are extensive and multifaceted. For example, it mandates that the CEO may decide not to seize imported infringing copies unless certain conditions are met, such as the objector providing an undertaking or security to cover the expenses of seizure. It also imposes obligations on libraries and archives to keep certain declarations and on those responsible for administering libraries or archives to ensure that declarations are kept and not disposed of prematurely. Additionally, the Act requires collecting societies to apply to the Minister to be declared as such and mandates that the Minister and the Copyright Tribunal must consider such applications. The Act further requires that the prescribed royalty for copying musical works be paid in the manner agreed between the manufacturer and the owner of the copyright or, failing such agreement, determined by the Copyright Tribunal. It also includes provisions for alternative dispute resolution processes and for the determination of questions relating to Parts VA and VB of the Copyright Act 1968.
- The Act delineates various offences and penalties for breach, with the severity of the penalties varying based on the nature and scale of the infringement. For instance, it is an indictable offence to engage in conduct that results in the infringement of copyright on a commercial scale and has a substantial prejudicial impact on the copyright owner, punishable by a fine of up to 550 penalty units or imprisonment for up to 5 years, or both. There are also summary offences for negligently engaging in conduct that results in copyright infringement on a commercial scale, with penalties of up to 120 penalty units or imprisonment for up to 2 years, or both. The Act further criminalises the making, importing, offering for sale or hire, selling or hiring out, and distributing of infringing copies, with penalties ranging from fines of up to 60 penalty units to fines of up to 550 penalty units or imprisonment for up to 5 years, or both, depending on the nature and intent of the infringement. Aggravated offences carry higher penalties, with fines up to 825 penalty units or imprisonment for up to 7.5 years, or both. Other offences include the removal or alteration of electronic rights management information, with penalties ranging from fines of up to 60 penalty units to fines of up to 550 penalty units or imprisonment for up to 5 years, or both. Failure to comply with certain obligations, such as keeping declarations or appearing before the Tribunal, is also an offence, with penalties of up to 30 penalty units or imprisonment for up to 6 months, or both. The Act also includes civil consequences for breach, such as the inability to recover certain expenses if a notice under section 135 is not met, and provides for the destruction or delivery up of infringing copies and decryption devices as part of the relief granted in actions under the Act.
- Area of Law
- Intellectual Property Law
- Criminal Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Civil Penalty Provisions
- Enforcement Powers
- Compliance Obligations
- Delegations & Subordinate Legislation
- Commencement Provisions
- Prohibited Conduct
- Administrative Discretion