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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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PART XIII
RIGHTS MANAGEMENT INFORMATION
Interpretation of this Part
258.  In this Part, unless the context otherwise requires —
“performance”, “recording” and “unauthorised use” have the same meanings as in Part XII;
“rights management information”, in relation to a copy of a work or other subject-matter or a recording of a performance, means any of the following:
(a)
information which identifies the work, subject-matter or performance;
(b)
information which identifies the author of the work, the owner of copyright in a work or subject-matter or the performer of a performance;
(c)
information about the terms and conditions of use of the copy of the work or subject-matter or the recording of the performance;
(d)
any numbers or codes that represent the information referred to in paragraph (a), (b) or (c),
but excludes any information relating to a user of the copy of the work or subject-matter or the recording of the performance, such as the name, account, address or other contact information of, or pertaining to, the user.
[52/2004]
Application of this Part
259.
—(1)  This Part shall not apply to any act done for the service of the Government.
[38/99]
(2)  Nothing in this Part shall affect —
(a)
any copyright subsisting in a work or other subject-matter;
(b)
any right in relation to a performance or a recording thereof;
(c)
any limitation on copyright in a work or other subject-matter, or on a right in relation to a performance or a recording thereof; or
(d)
any defence to an action for infringement of copyright, or for an unauthorised use of a performance,
under any provision of this Act.
[38/99]
Removal or alteration of rights management information
260.
—(1)  This section shall apply where rights management information in an electronic form —
(a)
is attached to or embodied in a copy of a work or other subject-matter in which copyright subsists or a recording of a performance; or
(b)
appears in connection with the communication or making available to the public of a copy of a work or other subject-matter or a recording of a performance.
[52/2004]
(2)  Where a person —
(a)
knowingly removes or alters the rights management information relating to any work or other subject-matter or recording of a performance;
(b)
does so without the consent of —
(i)
the owner or exclusive licensee of the copyright in the work or subject-matter; or
(ii)
the performer of the performance; and
(c)
knows or ought reasonably to know that the removal or alteration of the rights management information will induce, enable, facilitate or conceal —
(i)
an infringement of the copyright of the work or subject-matter; or
(ii)
an unauthorised use of the performance,
an action may be brought by the owner or exclusive licensee of the copyright or the performer against the person.
[52/2004]
(3)  Where a person —
(a)
distributes or imports for distribution the rights management information relating to any work or other subject-matter or any recording of a performance, being rights management information which has been altered without the consent of —
(i)
the owner or exclusive licensee of the copyright in the work or subject-matter; or
(ii)
the performer of the performance;
(b)
does so without the consent of the owner or exclusive licensee of the copyright or the performer;
(c)
does so knowing that the rights management information has been altered without the consent of the owner or exclusive licensee of the copyright or the performer; and
(d)
knows or ought reasonably to know that the distribution or importation of the rights management information will induce, enable, facilitate or conceal —
(i)
an infringement of the copyright in the work or subject-matter; or
(ii)
an unauthorised use of the performance,
to which the rights management information relates,
an action may be brought by the owner or exclusive licensee of the copyright or the performer against the person.
[52/2004]
(4)  Where a person —
(a)
distributes, imports for distribution, communicates or makes available to the public copies of a work or other subject-matter or a recording of a performance in respect of which the rights management information has been removed or altered without the consent of —
(i)
the owner or exclusive licensee of the copyright in the work or subject matter; or
(ii)
the performer of the performance;
(b)
does so without the consent of the owner or exclusive licensee of the copyright or the performer;
(c)
does so knowing that the rights management information has been removed or altered without the consent of the owner or exclusive licensee of the copyright or the performer; and
(d)
knows or ought reasonably to know that the distribution, importation, communication or making available to the public of the copies of the work or subject-matter or the recording of the performance will induce, enable, facilitate or conceal —
(i)
an infringement of the copyright in the work or subject-matter; or
(ii)
an unauthorised use of a performance,
an action may be brought by the owner or exclusive licensee of the copyright or the performer against the person.
[52/2004]
(5)  An action shall not be brought in respect of any act referred to in subsection (2), (3) or (4) after the expiration of 6 years from the time when the act took place.
[52/2004]
(6)  Subject to subsection (7), where a person does an act referred to in subsection (2), (3) or (4) —
(a)
wilfully; and
(b)
for the purpose of obtaining any commercial advantage or private financial gain,
he shall be guilty of an offence and shall be liable on conviction —
(i)
in the case of an act referred to in subsection (2), to a fine not exceeding $20,000; or
(ii)
in the case of an act referred to in subsection (3) or (4), to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
[52/2004; 22/2005]
(7)  Subsection (6) shall not apply to any act done by or on behalf of a non-profit library, any non-profit archives, an educational institution, an institution assisting persons with reading disabilities, an institution assisting intellectually handicapped readers, or such public, non-commercial broadcasting organisation as the Minister may prescribe.
[52/2004]
(8)  For the purposes of subsection (6), a person does an act for the purpose of obtaining a commercial advantage if the act is done to obtain a direct advantage, benefit or financial gain for a business or trade carried on by him.
[52/2004]
[Aust. 1968, ss. 116B, 116C and 116CA]
Relief which court may grant
261.
—(1)  In an action brought under section 260, the types of relief that the court may grant if it is satisfied that the defendant has carried out or is carrying out an act referred to in section 260(2), (3) or (4) (referred to in this section as a relevant act) include the following:
(a)
an injunction (subject to such terms, if any, as the court thinks fit);
(b)
damages;
(c)
an account of profits;
(d)
where the plaintiff has elected for an award of statutory damages in lieu of damages or an account of profits, statutory damages of not more than $20,000.
[52/2004]
(2)  When the court awards any damages under subsection (1)(b) in respect of a relevant act, the court may also make an order under subsection (1)(c) for an account of any profits attributable to the relevant act that have not been taken into account in computing the damages.
[52/2004]
(3)  Except as provided for in subsection (2), the types of relief referred to in subsection (1)(b), (c) or (d) are mutually exclusive.
[52/2004]
(4)  In awarding statutory damages under subsection (1)(d) in respect of any relevant act, the court shall have regard to —
(a)
the nature or purpose of the act concerned, including whether the act was of a commercial nature or otherwise;
(b)
the flagrancy of the act;
(c)
whether the defendant acted in bad faith;
(d)
any loss that the plaintiff has suffered or is likely to suffer by reason of the act;
(e)
any benefit shown to have accrued to the defendant by reason of the act;
(f)
the conduct of the parties before and during the proceedings;
(g)
the need to deter other similar acts; and
(h)
all other relevant matters.
[52/2004]
(5)  In addition to the relief referred to in subsection (1), the court may order that any article —
(a)
by means of which, or in relation to which, a relevant act was or is being carried out; and
(b)
which is in the possession of the defendant or before the court,
be delivered up to the plaintiff or destroyed.
[52/2004]
[Aust. 1968, s. 116D]
Enforcement measures
261A.
—(1)  The court before which a person is charged with an offence under section 260(6) may, whether he is convicted of the offence or not, order that any article that appears to the court to be —
(a)
a copy of a work or other subject-matter or a recording of a performance in respect of which the rights management information has been altered or removed without the consent of the owner or exclusive licensee of the work or other subject-matter or the performer of the performance, as the case may be; or
(b)
used predominantly for removing or altering the rights management information in respect of any work or other subject-matter or any recording of a performance,
in the possession of the alleged offender or before the court, be destroyed or delivered up to the owner or exclusive licensee of the copyright concerned or the performer of the performance, as the case may be, or otherwise dealt with in such manner as the court thinks fit.
[52/2004]
(2)  If information is given upon oath to a court that there is reasonable cause for suspecting that there is in any premises any article or document which is evidence that an offence under section 260(6) has been committed, the court may issue, either unconditionally or subject to such conditions as the court thinks fit, a warrant authorising a police officer to enter and search the premises for the articles and documents which are specified in the warrant, whether specifically or in any general category, and to seize any such articles and documents found at the premises.
[52/2004]
(3)  If an article was seized under subsection (2) and —
(a)
in proceedings brought under section 260(6), no order is made as to the disposal of the article, whether under subsection (1) or otherwise; or
(b)
no such proceedings are instituted within 6 months of the seizure,
the article shall be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
[52/2004]
(4)  If a document was seized under subsection (2) and no proceedings under section 260(6) are instituted within 6 months of the seizure, the document and all copies of the document shall be returned to the person in whose possession the document was when it was seized or, if it is not reasonably practicable to return the document and copies to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
[52/2004]
(5)  In this section —
“document” means anything in which information of any description is recorded;
“premises” includes any land, building, structure and conveyance.
[52/2004]