Copyright Regulations (Amendment)

Overview

The Copyright Regulations (Amendment) Statutory Rules 1984 No. 275, issued under the authority of the Attorney-General, were enacted to address the need for updating the list of institutions eligible for statutory licenses to copy certain works under the Copyright Act 1968. This amendment was necessary to ensure that the Copyright Regulations kept pace with the evolving landscape of educational and support institutions. The Copyright Amendment Act 1980 had previously introduced provisions allowing educational institutions and institutions assisting handicapped readers to copy works under specific statutory licenses. This amendment adds certain institutions to the schedules of eligible institutions, thereby broadening the scope of organisations that can benefit from these licenses. The regulations were made under the authority of the Governor-General pursuant to section 249 of the Copyright Act 1968, ensuring they are consistent with the overarching objectives of the Act. The policy objective is to support educational and accessibility services by facilitating the use of copyrighted materials in these contexts.

Scope and Application

The Copyright Regulations (Amendment) Statutory Rules 1984 No. 275, made under section 249 of the Copyright Act 1968, amend the Copyright Regulations to expand the scope of institutions that can avail themselves of statutory licensing provisions for copying certain works. The regulations are designed to facilitate educational and accessibility purposes by broadening the definition of "educational institution" and "institution assisting handicapped readers." These amendments cater specifically to institutions that are not for profit and have a principal function related to education or assisting handicapped readers. The regulations clarify and extend the types of institutions eligible under these statutory licences, ensuring that they can legally copy certain works without infringing on copyright, provided they adhere to the conditions set forth in the Act. The regulations apply to educational institutions and institutions assisting handicapped readers as defined in the Act, with a specific focus on non-profit entities. Geographically, the application of these regulations is national, aligning with the overarching scope of the Copyright Act 1968, which is applicable across Australia. The exclusions and limitations are inherently tied to the eligibility criteria, ensuring that only those institutions that meet the specified non-profit and functional criteria can benefit from these provisions. The regulations do not introduce new substantive changes to the Act but rather refine the interpretation and application of existing provisions by updating the lists of eligible institutions in the schedules of the Copyright Regulations.

Key Provisions

The Copyright Regulations (Amendment) Statutory Rules 1984 No. 275 amend the existing Copyright Regulations, which were made under the Copyright Act 1968. These amendments, made pursuant to section 249 of the Act, add specific institutions to the lists of educational institutions and institutions assisting handicapped readers. This is done through Regulations 1 and 2, which update Schedules 1 and 2 of the Copyright Regulations respectively. Regulation 1 adds the Australian Mineral Foundation Incorporated and Continuing Education for the Deaf to Schedule 1, thereby declaring them as educational institutions for the purposes of the Act. Similarly, Regulation 2 includes the Queensland Braille Writing Association, the Royal Society for the Blind of South Australia Inc., and The Blind Society of the A.C.T., Inc., in Schedule 2, classifying them as institutions assisting handicapped readers. These amendments impose specific obligations on the institutions now included in the Schedules. Educational institutions and institutions assisting handicapped readers now recognised under these Regulations are granted statutory licence provisions as outlined in sections 53B and 53D of the Act. This means they are legally permitted to copy certain works, provided these actions comply with the statutory licence conditions. These conditions typically include requirements such as ensuring that the copying does not unreasonably prejudice the copyright owner and that the copied material is used solely for educational purposes or to assist handicapped readers. The institutions must also keep records of the works copied and the purposes for which they were copied, as required by the Act. Failure to comply with the provisions of the Copyright Act or the Regulations can result in legal consequences. For example, unauthorised copying of works can be considered an infringement of copyright, which is an offence under the Act. Depending on the nature and extent of the infringement, penalties can include civil remedies such as damages, injunctions, or account of profits, as well as criminal penalties. The Act does not specify maximum penalties for copyright infringement, but the severity of the penalty can depend on factors such as the commercial value of the copied works and whether the infringement was wilful. Additionally, breaches of the statutory licence conditions can lead to revocation of the licence, thereby removing the legal protection afforded by the licence provisions.