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Contents  

Long Title

Part I PRELIMINARY

Part II INTERPRETATION

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

Division 2 — Infringement of Copyright In Works

Division 3 — Acts not Constituting Infringements of Copyright Works

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Division 5 — Copying of Works in Libraries

Division 6 — Copying of Works for Educational Purposes

Division 7 — Copying of Works in Institutions Assisting Persons with Reading Disabilities and Institutions Assisting Intellectually Handicapped Readers

Division 8 — Recording of Musical Works

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

Division 10 — Designs

Division 11 — Works of Joint Authorship

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

Division 2 — Nature of Copyright in Subject-Matter other than Works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

Division 7 — Miscellaneous

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

Division 2 — Actions by Owner of Copyright

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

Division 4 — Proof of Facts in Copyright Proceedings

Division 5 — Offences

Division 6 — Border Enforcement Measures

Division 7 — Powers of Search

Division 8 — Miscellaneous

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

Part VII COPYRIGHT TRIBUNALS

Division 1 — Preliminary

Division 2 — Constitution of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

Division 4 — Procedure and Evidence

Division 5 — Miscellaneous

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM

Part X MISCELLANEOUS

Part XI TRANSITIONAL

Division 1 — Preliminary

Division 2 — Original Works

Division 3 — Subject-Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

Part XII PERFORMERS’ PROTECTION

Part XIII RIGHTS MANAGEMENT INFORMATION

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

THE SCHEDULE False Registration of Industrial Designs

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

 
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On 12/12/2017, you requested the version in force on 12/12/2017 incorporating all amendments published on or before 12/12/2017. The closest version currently available is that of 30/10/2017.
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Division 5 — Copying of Works in Libraries
Interpretation of this Division
44.  In this Division, a reference to an article contained in a periodical publication shall be read as a reference to anything (other than an artistic work) appearing in such a publication.
[6/98]
[Aust. 1968, s. 48]
Copying by libraries and archives for users
45.
—(1)  A person may furnish to the officer-in-charge of a library (not being a library that is conducted for the profit, direct or indirect, of an individual or individuals) or the officer-in-charge of archives —
(a)
a request in writing to be supplied with a copy of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication; and
(b)
a declaration signed by him stating —
(i)
that he requires the copy for the purpose of research or study and will not use it for any other purpose; and
(ii)
that he has not previously been supplied with a copy of that article or other work, or the same part of the article or other work, as the case may be, by an authorised officer of the library or archives, or that he has lost, destroyed or damaged any such copy previously supplied to him.
[52/2004]
(2)  Subject to this section, where a request and declaration referred to in subsection (1) are furnished to the officer-in-charge of a library or archives, an authorised officer of the library or archives may, unless the declaration contains a statement that to his knowledge is untrue in a material particular, make, or cause to be made, the copy to which the request relates and supply the copy to the person who made the request.
(3)  Where a charge is made for making and supplying a copy to which a request under subsection (1) relates, subsection (2) shall not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy and a reasonable contribution to the general expenses of the library.
(4)  Subsection (2) shall not apply in relation to a request for a copy of, or parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.
(5)  Subsection (2) shall not apply to a request for a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication), or to a copy of a part of such a work that contains more than a reasonable portion of the work unless —
(a)
the work forms part of the library or archives collection; and
(b)
before the copy is made, an authorised officer of the library has, after reasonable investigation, made a declaration stating that he is satisfied that a copy (not being a secondhand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
[6/98]
(6)  The copyright in an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1), of a copy of the article, or of a part of the article, in accordance with subsection (2) unless the copy is supplied to a person other than the person who made the request.
(7)  The copyright in a published literary, dramatic or musical work other than an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1), of a copy of the work, or of a part of the work, in accordance with subsection (2) unless the copy is supplied to a person other than the person who made the request.
(7A)  If an article contained in a periodical publication or a published work (other than an article contained in a periodical publication) is acquired, in electronic form, as part of the collection of a library or archives, the copyright in the article or published work is not infringed by the officer-in-charge of the library or archives making it available online within the premises of the library or archives in such a manner that users cannot, by using any equipment supplied by the library or archives —
(a)
make an electronic copy of the article or work; or
(b)
communicate the article or work.
[52/2004]
(8)  The regulations may exclude the application of subsection (6) or (7) in such cases as are specified in the regulations.
(9)  Subsections (6) and (7) shall not apply to the making, in accordance with subsection (2), of an electronic copy of —
(a)
an article, or a part of an article, contained in a periodical publication; or
(b)
the whole or part of a published work, other than such an article,
in relation to a request under this section for communication to the person who made the request, unless —
(i)
before or when the electronic copy is communicated to the person, a notice is given to the person in accordance with the regulations stating —
(A)
that the electronic copy has been made under this section and that the article or work might be subject to copyright protection under this Act; and
(B)
such other matters as may be prescribed; and
(ii)
as soon as practicable after the electronic copy is communicated to the person, the electronic copy made in accordance with subsection (2) and held by the library or archives is destroyed.
[52/2004]
[Aust. 1968, s. 49]
Copying by libraries or archives for other libraries or archives
46.
—(1)  The officer-in-charge of a library may request, or cause another person to request, the officer-in-charge of another library to supply the officer-in-charge of the first-mentioned library with a copy of an article, or a part of an article, contained in a periodical publication, or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication —
(a)
for the purpose of including the copy in the collection of the first-mentioned library, not being in substitution for a subscription to such periodical publication or work or a purchase of such work; or
(b)
for the purpose of supplying the copy to a person who has made a request for the copy under section 45.
(2)  Subject to this section, where a request is made by or on behalf of the officer-in-charge of a library to the officer-in-charge of another library under subsection (1), an authorised officer of the last-mentioned library may make, or cause to be made, the copy to which the request relates and supply the copy to the officer-in-charge of the first-mentioned library.
(3)  Where, under subsection (2), an authorised officer of a library makes a copy of the whole or a part of a work and supplies it to the officer-in-charge of another library in accordance with a request made under subsection (1) —
(a)
the copy shall, for all purposes of this Act, be deemed to have been made on behalf of an authorised officer of the other library for the purpose for which the copy was requested; and
(b)
an action shall not be brought against the body administering that first-mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that copy.
(4)  Subject to this section, where a copy of the whole or a part of an article contained in a periodical publication, or of any other published literary, dramatic or musical work is, by virtue of subsection (3), to be deemed to have been made on behalf of an authorised officer of a library, the copyright in the article or other work is not infringed by the making of the copy.
(5)  The regulations may exclude the application of subsection (4) in such cases as are specified in the regulations.
(6)  Where a charge is made for making and supplying a copy to which a request under subsection (1) relates, subsection (4) shall not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy and a reasonable contribution to the general expenses of the library.
(7)  Subsection (4) shall not apply to or in relation to a copy of the whole or a part of an article or other work that is, by virtue of subsection (3), to be deemed to have been made on behalf of an authorised officer of a library for a purpose referred to in subsection (1) unless, as soon as practicable after the request was made, an authorised officer of the library made a declaration that set out particulars of the request (including the purpose for which the copy was requested) and stated —
(a)
in a case where a copy of the whole or a part of the article or other work had previously been supplied, in accordance with a request under subsection (1), for the purpose of inclusion in the collection of the library — that the copy so supplied had been lost, destroyed or damaged, whichever was appropriate; and
(b)
in a case where the copy was a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication) or of a part of such a work that contains more than a reasonable portion of the work — that the copy was made and supplied as part of an inter-library arrangement which does not have the effect or the purpose of enabling participating libraries to receive copies of the whole works or parts thereof, by way of systematic reproduction and supply of copies, in such aggregate quantities as substitutes for a subscription to or purchase of such works.
(8)  In this section, a reference to a library shall be read as a reference to a library other than a library that is conducted for the profit, direct or indirect, of an individual or individuals, and as including a reference to archives.
[Aust. 1968, s. 50]
Copying or communication of unpublished works in libraries or archives
47.
—(1)  Where, at a time more than 50 years after the expiration of the calendar year in which the author of a literary, dramatic or musical work, or of an artistic work being a photograph or engraving, died, and more than 75 years after the time at which, or the expiration of the period during which, the work was made, copyright subsists in the work but —
(a)
the work has not been published; and
(b)
the original version, or a copy, of the work is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, open to public inspection,
the copyright in the work is not infringed —
(i)
by the making of a copy, or the communication, of the work by a person for the purpose of research or study or with a view to publication; or
(ii)
by the making of a copy, or the communication, of the work by or on behalf of the officer-in-charge of that library or archives, if the copy or work is supplied (whether by communication or otherwise) to a person who satisfies the officer-in-charge of that library or archives that he requires the copy or work for the purpose of research or study or with a view to publication and that he will not use it for any other purpose.
[38/99; 52/2004]
(2)  Where the original version, or a copy, of a thesis or other similar literary work that has not been published is kept in a library of a university or other similar institution or in archives, the copyright in the thesis or other work is not infringed by the making of a copy, or the communication, of the thesis or other work by or on behalf of the officer-in-charge of the library or archives, if the copy, thesis or other work is supplied (whether by communication or otherwise) to a person who satisfies an authorised officer of the library or archives that he requires the copy, thesis or other work for the purpose of research or study.
[38/99; 52/2004]
[Aust. 1968, s. 51]
Copying of works for preservation and other purposes
48.
—(1)  Subject to subsection (4), the copyright in a work that forms, or formed, part of the collection of a library or archives is not infringed by the making, by or on behalf of the officer-in-charge of the library or archives, of a copy of the work —
(a)
if the work is the original version of the work — for the purpose of preserving the original version against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the work is held or at another library or other archives;
(b)
if the work is held in the collection in a published form but has been damaged or has deteriorated — for the purpose of replacing the work; or
(c)
if the work has been held in the collection in a published form but has been lost or stolen — for the purpose of replacing the work.
[38/99]
(2)  The copyright in a work that is held in the collection of a library or archives is not infringed by the making, by or on behalf of the officer-in-charge of the library or archives, for a purpose other than a purpose for which a copy may be made under subsection (1), of a single copy of the work so held.
[38/99]
(3)  Subsection (1) shall not apply in relation to a work held in published form in the collection of a library or archives unless an authorised officer of the library or archives has, after reasonable investigation, made a declaration stating that he is satisfied that a copy (not being a secondhand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
(4)  Where a copy of an unpublished work is made under subsection (1) by or on behalf of the officer-in-charge of a library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply of the copy by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute publication of the work.
[38/99]
[Aust. 1968, s. 51A]
Publication of unpublished works kept in libraries
49.
—(1)  Where —
(a)
a published literary, dramatic or musical work (referred to in this section as the new work) incorporates the whole or a part of a work (referred to in this section as the old work) to which section 47(1) applied immediately before the new work was published;
(b)
before the new work was published, the prescribed notice of the intended publication of the work had been given; and
(c)
immediately before the new work was published, the identity of the owner of the copyright in the old work was not known to the publisher of the new work,
then, for the purposes of this Act, the first publication of the new work, and any subsequent publication of the new work whether in the same or in an altered form, shall, insofar as it constitutes a publication of the old work, be deemed not to be an infringement of the copyright in the old work or an unauthorised publication of the old work.
(2)  Subsection (1) shall not apply to a subsequent publication of the new work incorporating a part of the old work that was not included in the first publication of the new work unless —
(a)
section 47(1) would, but for this section, have applied to that part of the old work immediately before that subsequent publication;
(b)
before that subsequent publication, the prescribed notice of the intended publication had been given; and
(c)
immediately before that subsequent publication, the identity of the owner of the copyright in the old work was not known to the publisher of that subsequent publication.
(3)  Where a work, or part of a work, has been published and, by virtue of this section, the publication is to be deemed not to be an infringement of the copyright in the work, the copyright in the work is not infringed by a person who, after that publication took place, broadcasts the work or that part of the work, as the case may be, or includes it in a cable programme or performs it in public, or makes a record of it.
[Aust. 1968, s. 52]
Application of Division to illustrations accompanying articles and other works
50.  Where an article, thesis or literary, dramatic or musical work is accompanied by artistic works provided for the purpose of explaining or illustrating the article, thesis or other work (referred to in this section as the illustrations), the provisions of this Division shall apply as if —
(a)
where any of those sections provides that the copyright in the article, thesis or work is not infringed — the reference to that copyright included a reference to any copyright in the illustrations;
(b)
a reference in section 45, 46, 47 or 48 to a copy of the article, thesis or work included a reference to a copy of the article, thesis or work together with a copy of the illustrations;
(c)
a reference in section 45 or 46 to a copy of a part of the article or work included a reference to a copy of that part of the article or work together with a copy of the illustrations that were provided for the purpose of explaining or illustrating that part; and
(d)
a reference in section 48 or 49 to the doing of any act in relation to the work included a reference to the doing of that act in relation to the work together with the illustrations.
[Aust. 1968, s. 53]