EXPLANATORY STATEMENT
1983 NO 127
COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT)
Section 249 of the Copyright Act 1968 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 184 of the Act further provides that the regulations may make provisions applying any of the provisions of the Act specified in the regulations in relation to a country (other than Australia) specified in the regulations in several ways. These ways permit the application of the principle of “national treatment” which is adopted in the major international copyright conventions.
“National treatment” means giving to nationals of the specified country the same rights under Australian law as are enjoyed by Australian nationals; to treat literary, dramatic, musical or artistic works first published in that country as if first published in Australia; and in a similar way to cover foreign sound recordings, cinematograph films and sound and television broadcasts, and persons who are foreign residents or bodies corporate.
The Copyright (International Protection) Regulations (“the principal regulations”) which were made in 1969 pursuant to these provisions, apply the Copyright Act in relation to countries which are members of either or both of the two international copyright conventions to which Australia belongs, namely the Universal Copyright Convention and the International (Berne) Convention for the Protection of Literary and Artistic Works. The relevant countries are listed in the two parts of the First Schedule to the principal regulations.
These regulations bring the First Schedule up to date by including countries which have joined either or both of the conventions since the principal regulations were last amended (1980) and by taking into account changes in the names of countries. This gives effect to Australia’s current obligations under the two conventions.
Overview
The Copyright (International Protection) Regulations (Amendment) 1996 were enacted to update the Copyright (International Protection) Regulations, which were first made in 1969, in line with Australia’s commitments under international copyright conventions. This amendment ensures that the list of countries covered by the regulations reflects those that have joined the Universal Copyright Convention or the International (Berne) Convention for the Protection of Literary and Artistic Works since the last amendment in 1980, and it accounts for any changes in country names. The regulations are made under Section 249 of the Copyright Act 1968, empowering the Governor-General to establish necessary provisions for the Act’s effective implementation, while Section 184 allows for the application of the Act’s provisions to foreign countries, adhering to the principle of national treatment. This amendment is intended to ensure Australia's compliance with its international obligations and to provide consistent protection for Australian copyright holders abroad and foreign copyright holders in Australia.
Scope and Application
The Copyright (International Protection) Regulations (Amendment) 1996 apply to persons and entities engaging in activities related to copyright, specifically those who are nationals of or reside in countries that are parties to the Universal Copyright Convention or the International (Berne) Convention for the Protection of Literary and Artistic Works. These regulations extend the geographic reach of the Copyright Act 1968 to international jurisdictions by providing national treatment to foreign nationals and their works as if they were Australian nationals and their works were first published in Australia. The regulations ensure that Australia adheres to its international obligations under the two conventions by updating the list of member countries in the First Schedule to reflect changes since the last amendment in 1980. The application of these regulations is facilitated through subordinate instruments, which specify the application of the Act's provisions to the listed countries, thereby ensuring compliance with the principle of national treatment.
Key Provisions
The main operative sections of these regulations are those that update the First Schedule to include countries that have joined either or both of the international copyright conventions since the last amendment in 1980. By including these countries, the regulations ensure that Australia adheres to its obligations under the Universal Copyright Convention and the International (Berne) Convention for the Protection of Literary and Artistic Works. This inclusion is detailed in the First Schedule, which lists the countries that are now recognised under the conventions.
The obligations imposed by these regulations on the parties or entities they govern are primarily administrative in nature. They require the updating of the First Schedule to reflect changes in membership of the international copyright conventions and changes in the names of countries. This ensures that the rights and obligations under Australian copyright law are correctly applied to works and creators from these countries, in line with the principle of "national treatment". This principle means that nationals of these countries should receive the same rights under Australian law as Australian nationals do, and that works first published in these countries should be treated as if they were first published in Australia.
In terms of offences, penalties, or civil/criminal consequences for breach, these regulations do not introduce new penalties or criminal consequences for breaches of copyright law. Instead, they ensure that the existing protections and rights under the Copyright Act 1968 are correctly applied to the updated list of countries. Any breaches of the Act would still be subject to the existing penalties and legal consequences, which can include fines and imprisonment for serious or wilful infringements. The maximum penalties for copyright infringement under the Copyright Act 1968 can vary depending on the nature and severity of the infringement, but they can include substantial fines and imprisonment for up to five years for serious offences.