Notification under regulation 25 of the Copyright Regulations 1969
Use of copyright material for the services of the Commonwealth under section 183 of the Copyright Act 1968
Title/description of copyright work:
Lighthouse keeper journal by William Norgate while at Booby and Goode Islands dated 1893 - 1929 (00053717) (“the Journal”).
Use of these Journals by the Commonwealth and the acts to which the notice relates:
The Commonwealth of Australia as represented by the Australian National Maritime Museum (“the Museum”) will be publishing, reproducing and communicating the Journals to the public from its website at http://www.anmm.gov.au/ (“the Website”).
The publication of the Journals on the Website is part of an ongoing project by the Museum, as part of its statutory obligation to disseminate information relating to Australian maritime history, to make old unpublished material from its collections available more broadly.
Notification to the copyright owners:
In accordance with section 183(4) of the Copyright Act 1968, the purpose of this notice is to inform the owner of copyright in the Journals of the copyright acts undertaken by the Commonwealth as represented by the Museum.
Overview
The Copyright Act 1968, enacted by the Parliament of Australia, serves to provide legal protection for creators of original works by granting them exclusive rights to control how their work is used. The Act was introduced to address the need for a comprehensive legal framework to protect intellectual property and creative works in Australia. A particular aspect of this Act is the allowance for the Commonwealth to use copyrighted material for specific services, as outlined in section 183. This provision is intended to facilitate the dissemination of knowledge and cultural heritage. In accordance with section 183(4) of the Act, the Australian National Maritime Museum has provided notification of its use of William Norgate's Lighthouse Keeper Journal from 1893 to 1929, which is to be published on its website. This use is in line with the policy objective of the Museum to enhance public access to historical maritime materials.
Scope and Application
The Copyright Regulations 1969 apply to the use of copyright material in the context of services provided by the Commonwealth of Australia. This particular notification pertains to the Australian National Maritime Museum (the Museum) and its use of the Lighthouse keeper journal by William Norgate, dated 1893-1929. The Museum, as an entity representing the Commonwealth, will be publishing, reproducing, and communicating these journals to the public via its website, in line with its statutory obligation to disseminate information relating to Australian maritime history. The geographic and jurisdictional reach of this notification is effectively national, as the Commonwealth's actions under the Copyright Act 1968 extend across Australia. The notice is provided to the copyright owners in accordance with section 183(4) of the Copyright Act 1968, ensuring transparency and compliance with the legal framework governing the use of copyright material. The application of this Act does not exclude any specific persons or entities but rather encompasses the Commonwealth's use of copyrighted works for public dissemination, subject to the conditions and limitations specified in the Act and its subordinate regulations.
Key Provisions
The primary sections relevant to this notification under regulation 25 of the Copyright Regulations 1969 are section 183 of the Copyright Act 1968 and section 183(4). Section 183 allows the Commonwealth to use copyright material for specific purposes, including the reproduction and communication of material to the public. Section 183(4) mandates that the copyright owner must be notified if such use is undertaken. In this instance, the Australian National Maritime Museum is exercising its rights under section 183 to publish, reproduce and communicate to the public the Lighthouse keeper journal by William Norgate from its website.
The obligations imposed on the Commonwealth by this legislation are twofold. Firstly, the Commonwealth must ensure that the use of the copyrighted material is solely for the purposes allowed under section 183 of the Act. Secondly, the Commonwealth must provide notification to the copyright owner, as stipulated in section 183(4), informing them of the intended use of their copyrighted material. This notification must detail the nature of the use, the material being used, and the means by which it will be disseminated.
Failure to comply with the obligations set out in the Copyright Act 1968 and the Copyright Regulations 1969 can result in various consequences. Breaches of the Act can lead to civil penalties, including damages and account of profits. Additionally, criminal penalties may apply, with the maximum penalty for a serious infringement being a fine of up to $222,200 for corporations and $44,440 for individuals, along with potential imprisonment. The severity of the penalties depends on the nature and extent of the infringement, as well as whether it was done intentionally or negligently.