EXPLANATORY STATEMENT
COPYRIGHT REGULATIONS (AMENDMENT)
1984 No. 175
Section 249 of the Copyright Act 1968 (“the Act”) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Copyright Amendment Act 1980 came into operation on 1 August 1981. It remade the library copying provisions in sections 49 and 50 and provided new copying rights for libraries in section 51A. Provisions enabling educational institutions and institutions assisting handicapped readers to copy under the statutory licence provisions in sections 53B and 53D respectively were also added.
It is a requirement of section 203A of the Act that libraries keep requests and declarations made under sections 49, 50 and 51A for the prescribed period and that educational institutions and institutions assisting handicapped readers keep records of copying done under sections 53B and 53D respectively for the prescribed period.
The prescribed period is defined in subsection 195A(2) of the Act, as follows-
‘In this Part, a reference to the prescribed retention period after the making of a copy of the whole or a part of a work that was made in reliance on section 49, 50, 51A, 53B or 53D shall be read as a reference to such period as is declared by the regulations to be the prescribed retention period for the purposes of this Part.’
The Copyright Regulations provide in regulation 25A that-
‘The prescribed retention period for the purposes of Part X in relation to a copy of the whole or a part of a work is a period of 3 years after the making of that copy in reliance on section 49, 50, 51A, 53B or 53D, as the case requires, of the Act.’
New Regulation 2 amends Regulation 25A to extend the period from 3 to 4 years.
Sections 53B and 53D of the Act make provision for a period under which remuneration may be claimed by copyright owners for copying by educational institutions and institutions assisting handicapped readers.
Section 53B of the Act provides in so far as it is relevant that-
‘(11) Where copies of the whole or a part of a work, not being copies stated in the record to be copies to which sub-section (9) or (10) applies, are made by or on behalf of the body administering an educational institution and, by virtue of this section, the making of those copies does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copies, for payment for the making of the copies, pay to the owner such an amount by way of equitable remuneration for the making of those copies as is agreed upon between the owner and the body or, in default of agreement, as is determined by the Copyright Tribunal on the application of either the owner or the body.’
Section 53D of the Act provides in so far as it is relevant that-
‘(10) Where a handicapped reader’s copy of the whole or a part of a work is made by or on behalf of the body administering an institution assisting handicapped readers and, by virtue of this section, the making of that copy does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copy, for payment for the making
of the copy, pay to the owner such an amount by way of equitable remuneration for the making of that copy as is agreed upon between the owner and the body, or, in default of agreement, such amount as is determined by the Copyright Tribunal on the application of either the owner or the body.’
The prescribed period for the purposes of these provisions is set out in the Copyright Regulations. Sub-regulation 5A(4) provides that-
‘For the purposes of sub-section 53B(11) or 53D(10) of the Act, the prescribed period is 3 years’
New Regulation 1 amends Regulation 5A(4) to extend the period from 3 to 4 years.
The purpose of these amendments to the Regulations is to provide copyright owners with additional time to inspect copying records and make claims for remuneration in respect of copying by educational institutions and institutions assisting handicapped readers once the Copyright Tribunal determines a royalty rate.
Overview
The Copyright Regulations (Amendment) 1984 No. 175 amends the Copyright Regulations 1969 to extend the period for which records of copying must be retained and the period within which copyright owners can claim remuneration for copying by educational institutions and institutions assisting handicapped readers. Enacted by the Parliament of Australia, these amendments aim to address the need for additional time for copyright owners to review and act upon copying records and to ensure fair remuneration for their work. By extending the retention period from three to four years, the amendments seek to provide a more comprehensive framework for managing and compensating copyright in the context of educational and accessibility services.
Scope and Application
The Copyright Regulations (Amendment) 1984 No. 175 amends the Copyright Regulations to extend the period for which records of copying must be retained and the period during which claims for remuneration can be made by copyright owners for copying by educational institutions and institutions assisting handicapped readers. The amendment applies to the records of copying done by libraries under sections 49, 50, and 51A, and by educational institutions and institutions assisting handicapped readers under sections 53B and 53D of the Copyright Act 1968. The extended retention period for these records is four years, which is a one-year increase from the previous three-year period. The extended period for making claims for remuneration is also four years, which applies to copying done by educational institutions and institutions assisting handicapped readers. The changes are intended to provide copyright owners with additional time to inspect copying records and make claims for remuneration once the Copyright Tribunal has determined a royalty rate. The amendments apply nationally and there are no stated exclusions or exemptions. The scope and application of the Act are not restricted through subordinate instruments.
Key Provisions
The main operative sections of these Regulations are Sections 2, 5A(4) and 25A, which amend the Copyright Regulations to extend the retention period for records of copying by libraries and the period for claiming remuneration for copying by educational institutions and institutions assisting handicapped readers. Specifically, Regulation 2 amends Regulation 25A to extend the retention period for records of copying by libraries from 3 to 4 years (section 25A). Regulation 1 amends Regulation 5A(4) to extend the period for claiming remuneration for copying by educational institutions and institutions assisting handicapped readers from 3 to 4 years (section 5A(4)).
Under these Regulations, libraries, educational institutions, and institutions assisting handicapped readers are required to keep records of the copying done by them for the prescribed period. This includes records of the copies made in reliance on sections 49, 50, 51A, 53B and 53D of the Copyright Act 1968 (the Act). These records must be kept for the extended period of 4 years (section 25A). Additionally, copyright owners must make a request for payment for the copies made by educational institutions and institutions assisting handicapped readers within the extended period of 4 years (section 5A(4)).
Breach of these Regulations may result in civil and criminal consequences. For example, if a library fails to keep records of copying for the prescribed period, they may be liable for damages under the Act. Similarly, if an educational institution or institution assisting handicapped readers fails to pay remuneration for copying within the prescribed period, they may be liable for damages under the Act. The maximum penalty for contravening these Regulations is not specified in the Regulations themselves, but may be found in the Act or other relevant legislation.
In summary, the Copyright Regulations (Amendment) 1984 No. 175 amend the Copyright Regulations to extend the retention period for records of copying by libraries and the period for claiming remuneration for copying by educational institutions and institutions assisting handicapped readers. These Regulations impose obligations on libraries, educational institutions, and institutions assisting handicapped readers to keep records of copying for the prescribed period, and on copyright owners to make a request for payment for copying within the prescribed period. Breach of these Regulations may result in civil and criminal consequences, although the maximum penalty is not specified in the Regulations themselves.