Copyright Regulations (Amendment)

Administered by Attorney-General's Department

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EXPLANATORY STATEMENT

1983 NO 126

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.

Division 6 of Part III of the Act deals with the recording of musical works and the infringement of copyright and payment of royalties in relation to such works and in relation to literary or dramatic works words from which are contained in musical works. Paragraphs 55(1)(a) and 59(1)(d), in Division 6 of Part III, state, so far as is relevant:

“55. (1) Subject to this Division, the copyright in a musical work is not infringed by a person (in this section referred to as “the manufacturer”) who makes, in Australia, a record of the work if -

(a) a record of the work -

.........................................

(iii) has previously been made in, or imported into, a country other than Australia for the purpose of retail sale, being a country that, at the time of the previous making or importation, was specified in the regulations to be a country in relation to which this Division applies,…………………; or

(iv) has previously been made in a country other than Australia for use in making other records for the purpose of retail sale, being a country that, at the time of the previous making, was specified in the regulations to be a country in relation to which this Division applies, ;

....................................................”.

“59.(1) Where -

(d) a record of the musical work in which those words, or words substantially the same as those words, were sung, or were spoken incidentally to or in association with the music -

....................................................

(iv) has previously been made in a country other than Australia for use in making other records for the purpose of retail sale, being a country that, at the time of the previous making was specified in the regulations to be a country in relation to which this Division applies, ;

...........................................................

the making of the record does not constitute an infringement of the copyright in the literary or dramatic work.”.

Regulation 6 of the Copyright Regulations states in sub-regulation (1) that, for the purposes of sub-paragraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act, Division 6 of Part III applies in relation to each country that constitutes, or forms part of, the territory of a country specified in Schedule 8 to the Regulations. Sub-regulation 6(2) sets out various areas that are deemed to form part of the territory of certain specified countries.

New regulation 1 amends sub-regulation 6(2) by adding, omitting or substituting references to various areas. This has been done to ensure consistency with the Berne Union and the Universal Copyright Convention, the countries of which those areas are deemed to form part being members of one or both of those Conventions.

Section 183 of the Act enables the Commonwealth or a State, or a person authorized by the Commonwealth or a State, to do acts comprised in the copyright in a work or other subject matter without infringing copyright, if the acts are done for the services of the Commonwealth or State (sub-section 183(1)). It is a requirement of section 183 that a copyright owner be informed, as prescribed, of the doing of an act comprised in his copyright, unless it appears to the Commonwealth or State that it would be contrary to the public interest to do so (sub-section 183(4)).

For the purposes of sub-section 183(4), details as to how an owner is to be informed are set out in regulation 25 of the Copyright Regulations. Prior to this amendment sub-regulations 25(2) to (4) required that the owner of a copyright be informed by the serving of a notice on the owner or, where the name or address of the owner was not known, by the publication of a notice in the Commonwealth or State Gazette, as the case may be. New regulation 2, in paragraph (a), replaces those sub-regulations to permit service of a notice on an authorized agent of the owner, as an alternative to service on the owner.

Sub-regulation 25(5) set out particulars to be contained in a notice under regulation 25. New regulation 2, in paragraph (b), amends sub-regulation 25(5) so that the work is identified by reference to its International Standard Book Number, if it has one.

Schedule 8, read in conjunction with sub-regulation 6(1), lists those countries to which Division 6 of Part III of the Act applies. New regulation 3 amends the Schedule to correct the spelling of certain names and includes or removes others. The Schedule reflects the current membership of the Berne Union and the Universal Copyright Convention.

Overview

The Copyright Regulations (Amendment) 1983 No. 126 was enacted to amend the Copyright Regulations 1969, which themselves implement provisions of the Copyright Act 1968. This amendment was introduced to ensure that the regulations align with international copyright conventions and to address certain procedural aspects of the Act. The Copyright Act 1968 was enacted by the Australian Parliament to provide for the protection of copyright in Australia and to set out the rights of copyright owners. The policy objective of these amendments was to refine the administration and enforcement of copyright law, particularly in relation to the recording and distribution of musical works, and to streamline the notification process for acts done under the authority of the Commonwealth or a State. By making these amendments, the regulation seeks to enhance the effectiveness of copyright protection while also facilitating compliance with international standards.

Scope and Application

The Copyright Regulations (Amendment) 1983 No 126 amends the Copyright Regulations under the Copyright Act 1968. This legislation applies to individuals and entities involved in the recording and distribution of musical works and to the use of literary or dramatic works within musical compositions in Australia. The amendment ensures that the recording of musical works and the infringement of copyright in relation to such works are regulated in line with international agreements, specifically the Berne Union and the Universal Copyright Convention. The amendment specifies countries to which the provisions of the Act apply, as outlined in Schedule 8, which reflects the current membership of the Berne Union and the Universal Copyright Convention. The regulations also address the notification of copyright owners when acts comprised in their copyright are performed by the Commonwealth or a State, detailing how and when these owners must be informed. The amendment allows for the notification to be served on an authorized agent of the copyright owner, as an alternative to direct service, and specifies that the work must be identified by its International Standard Book Number if available.

Key Provisions

The Explanatory Statement pertains to amendments made to the Copyright Regulations under the Copyright Act 1968. The primary changes involve adjustments to Regulation 6, which specifies countries where the recording of musical works and the infringement of copyright are subject to certain conditions (Section 249). The amendments to Regulation 6 ensure consistency with the Berne Union and the Universal Copyright Convention by adding, omitting, or substituting references to various areas in sub-regulation 6(2) (Regulation 1). These changes aim to reflect the current membership of these international copyright conventions. The obligations imposed by these regulations primarily concern entities and individuals involved in the recording and distribution of musical works. Manufacturers of records must ensure that any records made in Australia do not infringe on copyright if the work has previously been recorded or imported from specified countries for retail sale or further record production (Sections 55(1)(a)(iii) and (iv), 59(1)(d)(iii) and (iv)). Additionally, copyright owners must be informed of any acts done under Section 183 of the Act unless it is deemed contrary to the public interest (Regulation 25). The new regulations also permit service of notice on an authorized agent of the copyright owner instead of directly on the owner (Regulation 2, paragraph (a)). The details of the notice must include the International Standard Book Number if applicable (Regulation 2, paragraph (b)). In terms of consequences for non-compliance, the Act does not explicitly state penalties for breaches of these regulations. However, infringement of copyright, which these regulations aim to prevent, can lead to civil and criminal penalties. Civil penalties may include damages and an account of profits, while criminal penalties can result in fines and imprisonment. The specific penalties would depend on the nature and extent of the infringement as determined by the courts. Overall, these amendments to the Copyright Regulations are intended to align Australian copyright law with international standards and ensure that copyright protection is effectively managed within the country. They provide clear guidelines for manufacturers, copyright owners, and authorized agents, ensuring that the recording and distribution of musical works comply with both domestic and international copyright laws.

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

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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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