Public Lending Right Scheme 1997 (Modification No. 1 of 2000)

Overview

The Public Lending Right Act 1985 was enacted to provide a scheme of payments to authors and other creators of books in recognition of the public use of their works in Australian libraries. The 1997 scheme introduced under this Act was modified by the Public Lending Right Scheme 1997 (Modification No 1 of 2000), which was issued by Peter John McGauran, Minister for the Arts and the Centenary of Federation, under paragraph 5(1)(b) of the Act. This modification was made to address certain issues within the scheme, including the adjustment of payment rates and the clarification of payment eligibility in the financial year of the creator’s death. The modifications aim to ensure the scheme remains relevant and fair to creators, reflecting changes in economic conditions and administrative practices.

Scope and Application

The Public Lending Right Act 1985 applies to eligible creators of books who have their works acquired by public libraries in Australia. The Act aims to provide a financial compensation to these creators for the use of their works in public libraries. The legislation applies nationally across the Commonwealth of Australia, and it is administered by the relevant authorities designated under the Act. The Public Lending Right Scheme 1997, modified through this legislative instrument, sets out the specific provisions and details for the operation of the scheme, including the modification of payment rates and the conditions under which payments are made. Notably, the scheme allows for payments to be made to the legal personal representative of an eligible creator who has died, provided the creator had already made a claim for payment under the scheme, and it explicitly states that no payment can be made in the financial year of the claim, with an exception allowing payments in the financial year of the creator's death. The Act extends its application through subordinate instruments, which are detailed in the legislative modifications issued under the authority of the Minister for the Arts and the Centenary of Federation.

Key Provisions

The main sections of the Public Lending Right Act 1985, as modified by the Public Lending Right Scheme 1997 (Modification No 1 of 2000), include modifications to the definition and reference to the "terminating year" (section 3), adjustments to the financial thresholds for payments (subsections 11(1), 14(2), 15(2), and 27(2)), and the addition of provisions to allow payments to be made in the financial year of the creator's death (section 23A). These modifications are aimed at ensuring that the scheme remains fair and up-to-date with the current financial climate. The Public Lending Right Scheme 1997 imposes several obligations on the parties it governs. The Act requires eligible creators of books to submit claims for payments under the scheme and for the Committee to assess and approve these claims. Additionally, the scheme requires eligible publishers to report their lending activities to the Committee, which uses this data to calculate the appropriate payments. The Act also mandates that the Committee must ensure payments are made to the legal personal representative of an eligible creator who has passed away, in accordance with section 23A. Breach of the obligations under the Public Lending Right Act 1985 can result in civil and criminal consequences. While the specific penalties are not outlined in the Act, breaches of the Act could potentially lead to fines or other penalties as prescribed by the relevant authorities. It is important for parties governed by the Act to adhere to its provisions to avoid such consequences. The precise maximum penalties for any breaches would typically be determined by the courts or relevant tribunals in the context of specific cases.