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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 26/04/2017, you requested the version in force on 26/04/2017 incorporating all amendments published on or before 26/04/2017. The closest version currently available is that of 31/03/2015.
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Division 5 — Works made before 1st July 1912
Interpretation of this Division
240.  In this Division, “right conferred by the Copyright Act 1911”, in relation to a work, means a right that, by virtue of section 24 of the Copyright Act 1911, was conferred in place of a right that subsisted immediately before the commencement of that Act*.
*  The Act came into operation on 1st July 1912.
[Aust. 1968, s. 243]
Application
241.  This Division shall apply to works made before 1st July 1912.
[Aust. 1968, s. 244]
Rights conferred by Copyright Act 1911
242.  Notwithstanding anything in Division 2, section 27 shall not apply to a work to which this Division applies unless a right conferred by the Copyright Act 1911 subsisted in the work immediately before 10th April 1987.
[Aust. 1968, s. 245]
Performing rights
243.
—(1)  Where the right conferred by the Copyright Act 1911 in relation to a dramatic or musical work to which this Division applies did not include the sole right to perform the work in public, then, copyright, insofar as it subsists in the work by virtue of this Act, shall not include the performing rights in relation to the work.
(2)  Where the right conferred by the Copyright Act 1911 in relation to a dramatic or musical work to which this Division applies consisted only of the sole right to perform the work in public, then, copyright, insofar as it subsists in the work by virtue of this Act, shall consist only of the performing rights in relation to the work.
(3)  For the purposes of this section, the performing rights, in relation to a work, are —
(a)
the exclusive right to perform the work, or an adaptation of the work, in public;
(b)
the exclusive right to broadcast the work or an adaptation of the work; and
(c)
the exclusive right to cause the work, or an adaptation of the work, to be in a cable programme service.
[Aust. 1968, s. 246]
Contributions to periodicals
244.  Where —
(a)
a work to which this Division applies (in this section referred to as the relevant work) consists of an essay, article or item forming part of, and first published in, a review, magazine or other periodical or work of a like nature; and
(b)
immediately before 10th April 1987, a right of publishing the relevant work in a separate form subsisted by virtue of the note to the First Schedule to the Copyright Act 1911,
copyright subsisting in the relevant work by virtue of this Act shall be subject to that right of publishing the relevant work in a separate form.
[S 107/87]
[Aust. 1968, s. 247]
Assignments and licences
245.
—(1)  Without prejudice to the generality of section 237(1), where —
(a)
the author of a work to which this Division applies had, before the commencement of the Copyright Act 1911*, made an assignment or grant of a kind referred to in paragraph (a) of the proviso to section 24(1) of that Act (referred to in this section as paragraph (a) of the proviso); and
*  The Act came into operation on 1st July 1912.
(b)
copyright subsists in the work by virtue of this Act,
subsections (2), (3) and (4) shall have effect.
(2)  If, before 10th April 1987, an event occurred or a notice was given, being an event or notice that, in accordance with paragraph (a) of the proviso, had any operation affecting the ownership of the right conferred by the Copyright Act 1911 in relation to the work or creating, transferring or terminating an interest, right or licence in respect of that right, that event or notice shall have the like operation in relation to the copyright in the work under this Act.
(3)  Any right that, at a time after 10th April 1987, would, by virtue of paragraph (a) of the proviso, have been exercisable in relation to the work or in relation to the right conferred by the Copyright Act 1911, if this Act had not been enacted, shall be exercisable in relation to the work or in relation to the copyright subsisting in the work under this Act, as the case may be.
(4)  If, in accordance with paragraph (a) of the proviso, the right conferred by the Copyright Act 1911 would have reverted to the author or his personal representatives on the date referred to in that paragraph, and that date occurs after 10th April 1987, then on that date —
(a)
the copyright in the work under this Act shall revert to the author or his personal representatives, as the case may be; and
(b)
any interest of any other person in that copyright that subsists on that date by virtue of any document made before the commencement of the Copyright Act 1911 shall cease.
[Aust. 1968, s. 248]