Copyright (International Protection) Regulations (Amendment)

Administered by Attorney-General's Department

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Statutory Rules

1974 No. 137

REGULATIONS UNDER THE COPYRIGHT ACT 1968-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Copyright Act 1968-1973.

Dated this seventh day of August, 1974.

John R. Kerr

Governor-General.

By His Excellency’s Command,

Attorney-General.

Amendments of the Copyright (International Protection) Regulations†

Interpretation.

1. Regulation 3 of the Copyright (International Protection) Regulations is amended by adding at the end of sub-regulation (1) the following definitions:—

“‘the International Convention for the Protection of Literary and Artistic Works’ means the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 or that Convention as revised from time to time;

‘the Universal Copyright Convention’ means the Universal Copyright Convention concluded at Geneva on 6 September 1952 or that Convention as revised from time to time.”.

2. Regulations 6, 7 and 7a of the Copyright (International Protection) Regulations are repealed and the following regulations substituted:—

“6. (1) Where copyright subsists in a published sound recording by virtue only of the operation of these Regulations, or the operation of these Regulations and sub-section (3) of section 89 of the Act, and—

(a) the recording has been published in Australia; or

(b) a period of seven weeks has elapsed from the date of the first publication of the recording,

(c) the maker of the recording was, at the time when the recording was made, a citizen or national of a country specified in the Third Schedule;

* Notified in the Australian Government Gazette on 8 August 1974.

† Statutory Rules 1969, No. 60, as amended by Statutory Rules 1969, No. 65.

16810/72—Price 10c 10/20.6.1974

(d) the maker of the recording was, at that time, a person resident in, or a body corporate incorporated under the law of, a country that constitutes, or forms part of, the territory of a country specified in the Third Schedule; or

(c) the recording was made in a country that constitutes, or forms part of, the territory of a country specified in the Third Schedule.

“7. (1) Subject to sub-regulations (2) and (3), where copyright subsists in a published sound recording by virtue only of the operation of these Regulations, or the operation of these Regulations and sub-section (3) of section 89 of the Act, and—

(a) the recording has been published in Australia; or

(b) a period of seven weeks has elapsed from the date of the first publication of the recording,

(c) the maker of the recording was, at the time when the recording was made, a citizen or national of a country specified in the Third Schedule;

(d) the maker of the recording was, at that time, a person resident in, or a body corporate incorporated under the law of, a country that constitutes or forms part of the territory of a country specified in the Third Schedule; or

(e) the recording was made in a country that constitutes, or forms part of, the territory of a country specified in the Third Schedule.

“(2) This regulation does not apply in relation to a sound recording that has not been published in Australia if—

(a) the recording consists of, or includes, a musical work in which, copyright subsists;

(b) the musical work was made for the purpose of being performed, or has been performed, in association with a dramatic work or has been included in a cinematograph film; and

“(3) For the purposes of paragraph (c) of sub-regulation (2), a supply of records of a musical work shall be disregarded if the supply was done otherwise than by, or with the licence of, the owner of the copyright in the work.”.

3. Regulation 10 of the Copyright (International Protection) Regulations is repealed and the following regulation substituted:—

Restriction of the application of the Act to certain classes of published works and other subject matter.

“10. (1) Notwithstanding regulation 4, copyright docs not subsist in a published literary, dramatic, musical or artistic work, a published edition, a published sound recording or a published cinematograph film by reason of the fact that—

(a) the work or edition was first published or the sound recording or cinematograph film was made or first published in a designated country;

(b) the work, being an artistic work that consists of a building or an artistic work attached to or forming part of a building, is situated in a designated country; or

(c) the author of the work, the publisher of the edition or the maker of the sound recording or cinematograph film is a citizen or national of, a person resident in, or a body corporate incorporated under the laws of, a designated country,

unless the work, edition, sound recording or cinematograph film was first published on or after the day on which the designated country became a party to the Universal Copyright Convention.

“(2) For the purposes of this regulation, a reference to a designated country shall be read as a reference to—

(a) a country; or

(b) a country that constitutes, or forms part of, the territory of a country,

that is specified in Part II of the First Schedule and became a member of the Universal Copyright Convention after 1 May 1969.”.

Modification of application of the provisions of the Act.

4. (1) Regulation 11 of the Copyright (International Protection) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2) Where—

(a) an amendment of these Regulations inserts the name of a country in, or adds the name of a country at the end of, a Part of the First Schedule; and

(b) a person has, at any time before the date on which the amendment comes into operation, taken action whereby he has incurred expenditure or liability in connexion with the doing of any act in relation to a work or other subject-matter in a manner that at that time was lawful, or for the purpose of or with a view to the doing of any act in relation to a work or any subject-matter at a time when the doing of that act would, but for the amendment, have been lawful,

nothing in these Regulations diminishes or prejudices any right or interest arising from or in connexion with that action that is subsisting and valuable immediately before the date on which the amendment comes into operation unless the person who, by virtue of the operation of these Regulations upon the country being specified in that Part of that Schedule, has the exclusive right to do that act agrees to pay to the first-mentioned person such compensation as is reasonable in the circumstances.

“(3) Where—

(a) a Part of the First Schedule is remade;

(b) the name of a country is, upon the remaking of the Part, specified in the Part; and

the remaking of that Part shall, for the purposes of the last preceding sub-regulation, be deemed to be an amendment of these Regulations that inserts the name of that country in that Part.”.

(2) Sub-regulations (2) and (3) of regulation 11 of the Copyright (International Protection) Regulations as amended by these Regulations apply in relation to the amendments of the Copyright (International Protection) Regulations effected by these Regulations and to each subsequent amendment of the Copyright (International Protection) Regulations.

First Schedule—Part I.

5. Part I of the First Schedule to the Copyright (International Protection) Regulations is amended—

(a) by omitting the word—

“Ceylon”

and substituting the words—

“Republic of Chad

Republic of Chile”;

(b) by omitting the words—

“Democratic Republic of the Congo”;

“Kingdom of Denmark”

the word—

“Fiji”;

(d) by inserting after the words—

“Gabonese Republic”

the words—

“German Democratic Republic”;

(e) by omitting the words—

“Kingdom of Greece”

and substituting the words—

“Greece (Hellenic Republic)”;

(f) by inserting after the word—

“Malta”

the words—

“Islamic Republic of Mauritania

Mauritius”;

(g) by inserting after the words—

“Spanish State”

the words—

“Sri Lanka”; and

(h) by inserting after the words—

“Socialist Federal Republic of Yugoslavia”

the words—

“Democratic Republic of Zaire”.

First Schedule— Part II.

6. Part II of the First Schedule to the Copyright (International Protection) Regulations is amended—

(a) by inserting before the word—

“Andorra”

the words—

“Algerian Democratic People’s Republic”;

(b) by omitting the words—

“Kingdom, of Cambodia

Republic of Chile”;

“Republic of Kenya”

the words—

“Khmer Republic”; and

(d) by inserting after the words—

“Republic of Peru”

the words—

“Union of the Soviet Socialist Republics”.

Second Schedule.

7. The Second Schedule to the Copyright (International Protection) Regulations is amended by inserting after the words—

“Argentine Republic”

the words—

“Republic of Chad

Republic of Chile

German Democratic Republic

Islamic Republic of Mauritania

Mauritius”.

Third Schedule.

8. The Third Schedule to the Copyright (International Protection) Regulations is repealed and the following Schedule substituted:—

“THIRD SCHEDULE Regulations 6 and 7

Countries where Copyright in a Recording Includes the Right to Cause the Recording to be Heard in Public or to Broadcast the Recording

Argentine Republic

Republic of Austria

Federative Republic of Brazil

Republic of Costa Rica

Republic of Cyprus

Czechoslovak Socialist Republic

Kingdom of Denmark

Republic of Equador

Federal Republic of Germany

Republic of India

State of Israel

Italian Republic

United Mexican States

New Zealand

Federal Republic of Nigeria

Pakistan

Republic of Paraguay

Spanish State

Sri Lanka

Kingdom of Sweden

United Kingdom of Great Britain and Northern Ireland.”.

Printed by Authority by the Government Printer of Australia

Overview

The Statutory Rules 1974 No. 137, made under the Copyright Act 1968, address the issue of providing international protection for copyrighted works, particularly sound recordings, aligning Australia's regulations with international copyright conventions. Enacted by the Governor-General with advice from the Executive Council, these regulations aim to ensure that Australia's copyright laws are in line with the Berne Convention and the Universal Copyright Convention, providing reciprocal protection for works originating in member countries. The primary policy objective is to facilitate the protection of Australian works abroad while ensuring that Australian copyright holders are afforded similar protections in other signatory nations. These regulations introduce amendments to the Copyright (International Protection) Regulations, including new definitions for the Berne and Universal Copyright Conventions, and modifications to the scope of copyright protection for sound recordings. Notably, the regulations specify that copyright in certain sound recordings does not include the exclusive right to cause the recording to be heard in public or broadcast, unless specific conditions regarding the nationality or residency of the maker or the location of the recording are met. This adjustment aims to balance international obligations with the practicalities of the domestic music industry, ensuring that Australian works receive adequate protection abroad while not overly restricting the public's access to these works.

Scope and Application

The Copyright (International Protection) Regulations 1974, as amended, govern the international protection of copyright in Australia by implementing the obligations under international conventions such as the Berne Convention and the Universal Copyright Convention. These Regulations apply to sound recordings, literary, dramatic, musical, and artistic works, published editions, and cinematograph films. They specifically address the protection of copyright in published works and recordings made in or by individuals from designated countries, and the rights associated with such works. For instance, they exclude the exclusive right to cause a recording to be heard in public or to broadcast it under certain conditions, primarily focusing on recordings made by citizens or nationals of specific countries. The regulations also establish that copyright does not subsist in certain published works if they were first published in a designated country that became a party to the Universal Copyright Convention after a specified date. These Regulations are applicable nationally across Australia and are subject to amendments through subordinate instruments, ensuring their relevance and adaptability to changes in international copyright laws and treaties.

Key Provisions

The primary operative sections of these Regulations under the Copyright Act 1968-1973 include amendments to existing definitions and the substitution of certain regulations (regulations 1-3). Specifically, Regulation 3 introduces new definitions for the "International Convention for the Protection of Literary and Artistic Works" and the "Universal Copyright Convention". Regulations 6 and 7 replace the previous provisions that dealt with the rights associated with the public performance and broadcasting of sound recordings. These new regulations limit the exclusive rights of copyright holders in certain sound recordings, excluding the right to cause the recording to be heard in public or broadcast if certain conditions are met (regulation 6). Regulation 7 further clarifies that these limitations apply unless the maker of the recording was a citizen or national of, or a resident in, or a body corporate incorporated under the law of, a country specified in the Third Schedule, or the recording was made in a territory forming part of such a country (regulation 7). These Regulations impose several obligations on parties involved in the creation, publication, and distribution of sound recordings. Firstly, copyright holders must ensure that they meet the conditions set out in regulations 6 and 7 to retain exclusive rights over public performance and broadcasting of their recordings. This includes verifying the citizenship, residency, or incorporation status of the maker of the recording, as well as the location where the recording was made (regulations 6 and 7). Secondly, copyright holders must be aware of the countries listed in the Third Schedule, as these countries determine whether the limitations on exclusive rights apply (regulation 7). Lastly, parties must comply with the provisions in Regulation 10, which limits the application of copyright in certain published works, editions, sound recordings, and cinematograph films based on the country of origin and the date of first publication or creation (regulation 10). Breach of these Regulations can result in civil and criminal consequences, although the specific penalties are not detailed in the provided text. Generally, under the Copyright Act 1968-1973, infringement of copyright can result in both civil and criminal penalties. Civil penalties may include damages, an account of profits, or an injunction to prevent further infringement. Criminal penalties may include fines and imprisonment, with maximum penalties varying depending on the severity and intent of the infringement. For instance, under the Act, the maximum penalty for a criminal infringement can be a fine of up to $220,000 for a corporation or $44,000 for an individual, or imprisonment for up to three years, or both, depending on the circumstances of the offence. It is important to note that the penalties can be higher for repeat or commercial-scale infringements.

Area of Law: Intellectual Property Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Licensing & Registration

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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.

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