Copyright (International Protection) Regulations (Amendment) 1993 No. 214
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 214
Issued by the Authority of the Minister of Justice
Copyright Act 1968
Copyright (International Protection) Regulations (Amendment)
Section 249 of the Copyright Act 1968 (the Act) provides that the GovernorGeneral may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Sections 184 and 248U of the Act provide that, subject to certain limitations, regulations may be made applying the provisions of the Act in relation to foreign countries in certain specified ways. The Copyright (International Protection) Regulations (the Regulations) apply provisions of the Act in the ways specified in ss. 184 and 248U in relation to the countries listed in the Schedules of the Regulations.
The changes to the Regulations made by this amendment add to, and make one omission from, the list of countries in Parts I, II, III and IV of Schedule 1 of the Regulations. The countries in Part 1 of Schedule 1 of the Copyright (International Protection) Regulations represent the members of the Berne Convention for the Protection of Literary and Artistic Works 1886. The countries in Part 11 of Schedule 1 represent the member of the Universal Copyright Convention 1952. The countries in Part III represent countries with whom Australia has concluded an agreement for the reciprocal protection and enforcement of copyright. The countries in Part IV of Schedule 1 represent the members of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations 1961.
The amendments to the Regulations are necessary because of changes to the membership of the above mentioned conventions and to give effect to an agreement for the reciprocal protection and enforcement of copyright between Australia and Indonesia.
Details of the amendments are set out in the Attachment.
Attachment
Details of Copyright (International Protection) Regulations (Amendment):
These Regulations commence on gazettal.
Regulation 1: Amendment
Subregulation 1.1 provides that the Copyright (International Protection) Regulations are amended as set out in the Copyright (International Protection) Regulations (Amendment).
Regulation 2: Schedule 1 (Countries to which the provisions of the Act apply)
Subregulations 2.1 and 2.2 provide that the following names of countries be inserted in Part 1 of Schedule 1 (which represents membership of the Berne Convention for the Protection of Literary and Artistic Works 1886): "China, People's Republic of", "Croatia, Republic of", "Ecuador", "Ghana", "Guinea-Bissau", "Kenya, Republic of", "Malawi", "Paraguay", "Slovenia, Republic of", "The Gambia, Republic of" and "Zambia".
Subregulation 2.3 provides that "Union of Soviet Socialist Republics" be omitted from Part 11 of Schedule 1 (which represents membership of the Universal Copyright Convention 1952).
Subregulation 2.4 provides that the following names of countries be inserted in Part H of Schedule 1: "Bolivia", "China, People's Republic of", "Croatia, Republic of" and "Russian Federation".
Subregulation 2.5 provides that "Indonesia" be inserted in Part III of Schedule 1 (which represents countries with whom Australia has concluded an agreement for the reciprocal protection and enforcement of copyright).
Subregulation 2.6 provides that "Greece" be inserted in Part IV of Schedule 1 (which represents membership of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations 1961).
Overview
The Copyright (International Protection) Regulations (Amendment) 1993 (No. 214) was enacted to address the need for updating the list of countries under the Copyright Act 1968, which governs the international protection of copyright. This amendment to the Copyright (International Protection) Regulations was issued by the Minister of Justice under the authority granted by the Copyright Act. The policy objective of these amendments is to align the regulations with changes in the membership of international copyright conventions and agreements, ensuring that Australia's copyright protections are effectively reciprocal with those of other nations. This legislative update reflects the dynamic nature of international copyright relations and the necessity to adapt to new geopolitical realities and agreements.
Scope and Application
The Copyright (International Protection) Regulations (Amendment) 1993 amends the existing Copyright (International Protection) Regulations to align with changes in membership of international copyright conventions and to reflect new reciprocal copyright agreements. The Regulations apply to individuals, entities, and industries involved in copyright-protected works and transactions, specifically those in relation to countries listed in the amended Schedules. The scope of the Regulations extends to Commonwealth jurisdiction, thereby applying nationally across Australia. The amended Regulations add several countries to the list of Berne, Universal Copyright, and Rome Convention members, as well as recognising a new reciprocal agreement with Indonesia. This amendment ensures that Australian copyright laws are effectively enforced and recognised internationally in alignment with current global copyright frameworks. Notably, the Union of Soviet Socialist Republics has been omitted from the Universal Copyright Convention list, reflecting the dissolution of the Soviet Union. The Regulations will come into effect upon gazette publication.
Key Provisions
The Copyright (International Protection) Regulations (Amendment) 1993 introduces modifications to the Copyright (International Protection) Regulations to align with changes in membership of international copyright conventions and to reflect new bilateral agreements for copyright protection and enforcement. The amendments are made pursuant to sections 249, 184 and 248U of the Copyright Act 1968, which allow the Governor-General to issue regulations that are necessary to implement the Act, apply its provisions to foreign countries, and specify which countries are subject to those provisions ((1)). Regulation 1 amends the Copyright (International Protection) Regulations to incorporate these changes, while the detailed alterations are outlined in Schedule 1 ((2)).
The obligations imposed by these Regulations primarily revolve around ensuring that Australian copyright protections are extended to and enforced in the countries listed in the amended Schedule 1. This includes countries that are members of the Berne Convention, the Universal Copyright Convention, and countries with whom Australia has reciprocal agreements, as well as members of the Rome Convention ((2)). These obligations require adherence to international copyright standards and reciprocal enforcement practices. Parties subject to these Regulations, including copyright holders and enforcement agencies, must ensure that their activities are consistent with the international agreements and reciprocal arrangements specified in the amended Schedule 1.
Non-compliance with the obligations under these Regulations can result in legal consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, breaches of the Copyright Act 1968, which the Regulations are designed to support, can lead to both civil and criminal penalties. For instance, wilful infringement of copyright can result in substantial fines and imprisonment. The maximum penalties under the Copyright Act include fines of up to $220,000 for companies and $44,000 for individuals, along with potential imprisonment terms for serious offences ((3)). Therefore, entities and individuals must ensure strict compliance to avoid these severe repercussions.