Copyright Regulations (Amendment)

Overview

The Copyright Regulations (Amendment) 1982 was enacted to amend existing regulations pertaining to institutions assisting handicapped readers, as outlined in the Copyright Act 1968. The amendment aims to update and clarify the list of institutions eligible for statutory licences under section 53D of the Act. This legislative change ensures that institutions providing literary or dramatic works to handicapped readers can continue to operate within the legal framework established by the Act. The amendment is a response to the need for an updated and comprehensive list of institutions that qualify under the statutory licence provisions, reflecting the evolving landscape of services for handicapped readers. The regulations are made under the authority granted by section 249 of the Act, ensuring they are consistent with the overarching objectives of the Copyright Act. The amendment was introduced by the Australian Parliament to address the need for an updated regulatory framework that accurately identifies institutions assisting handicapped readers. The policy objective is to facilitate the provision of literary and dramatic works to individuals with disabilities, thereby promoting access to information and education for this group. By amending Schedule 2 of the Copyright Regulations, the Parliament ensures that the statutory licence provisions remain effective and relevant, supporting institutions that play a crucial role in assisting handicapped readers.

Scope and Application

The Copyright Regulations (Amendment) 1982 concerns the statutory licensing provisions under Section 53D of the Copyright Act 1968, which enable institutions assisting handicapped readers to copy literary or dramatic works under specific conditions. The regulations apply to educational institutions and other non-profit institutions prescribed by the regulations, with a principal function of providing literary or dramatic works to handicapped readers. The amendments made by these regulations specifically update Schedule 2 to include and renumber certain institutions, such as Public Libraries Service, Queensland Tape Service for the Handicapped, Royal Blind Society of New South Wales, Royal New South Wales Institute for Deaf and Blind Children, Royal Victorian Institute for the Blind, and Victorian Council for Handicapped Readers, each identified by their respective addresses. These institutions are authorised to copy works under the statutory licence provisions, which are necessary for facilitating access to literary and dramatic works for individuals with disabilities. The regulations apply across Australia, encompassing both Commonwealth and state jurisdictions, and are made under the authority of Section 249 of the Act. The amendments do not introduce any exclusions or exemptions beyond those already outlined in the Act and its existing regulations.

Key Provisions

The Copyright Regulations (Amendment) primarily modifies the list of institutions assisting handicapped readers under Section 10 of the Copyright Act (the Act). Regulation 4A, which is referenced in this context, specifies which institutions are eligible for the statutory licence provisions in Section 53D of the Act. This amendment, as noted in the explanatory statement, is an update to Schedule 2 of the Regulations, effectively omitting and renumbering certain institutions. These institutions include Public Libraries Service, Queensland Tape Service for the Handicapped, Royal Blind Society of New South Wales, Royal New South Wales Institute for Deaf and Blind Children, Royal Victorian Institute for the Blind, and Victorian Council for Handicapped Readers. The Act imposes obligations on these institutions to ensure they adhere to the statutory licence provisions, which allow for the copying of literary or dramatic works for the benefit of handicapped readers. These institutions must operate on a non-profit basis and have the principal function of providing such works to those who are disadvantaged in reading due to physical or sensory impairments. This requirement ensures that the statutory licence is used solely for its intended purpose of assisting handicapped readers and not for general commercial gain. Breaching the provisions of the Act or the Regulations can result in both civil and criminal consequences. Under the Act, unauthorised copying of works that fall under the statutory licence can lead to legal action being taken against the offending institution. The specific penalties for infringement are detailed in the Copyright Act and can include fines and other monetary penalties. The maximum penalties for serious infringements can be substantial, reflecting the seriousness of copyright violations. It is crucial for institutions to comply with the regulations to avoid these potential legal repercussions.