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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 23/06/2017, you requested the version in force on 23/06/2017 incorporating all amendments published on or before 23/06/2017. The closest version currently available is that of 31/03/2015.
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Division 11 — Works of Joint Authorship
References to all of joint authors
75.  Subject to this Division, a reference in this Act to the author of a work shall, unless otherwise expressly provided by this Act, be read, in relation to a work of joint authorship, as a reference to all the authors of the work.
[Aust. 1968, s. 78]
References to any one or more of joint authors
76.  The references in sections 27 and 29(2) to the author of a work shall, in relation to a work of joint authorship, be read as references to any one or more of the authors of the work.
[Aust. 1968, s. 79]
References to whichever of joint authors died last
77.  The references in sections 28 and 47 to the author of a work shall, in relation to a work of joint authorship other than a work to which section 78 applies, be read as references to the author who died last.
[Aust. 1968, s. 80]
Works of joint authorship published under pseudonyms
78.
—(1)  This section shall apply to a work of joint authorship that was first published under 2 or more names of which one was a pseudonym or 2 or more (but not all) were pseudonyms.
(2)  This section shall also apply to a work of joint authorship that was first published under 2 or more names all of which were pseudonyms if, at any time within 70 years after the expiration of the calendar year in which the work was first published, the identity of one or more (but not all) of the authors was generally known or could be ascertained by reasonable inquiry.
[21/2004]
(3)  The references in sections 28 and 47 to the author of a work shall, in relation to a work to which this section applies, be read as references to the author whose identity was disclosed or, if the identities of 2 or more of the authors were disclosed, as references to whichever of those authors died last.
(4)  For the purposes of this section, the identity of an author shall be deemed to have been disclosed if —
(a)
one of the names under which the work was published was the name of the author; or
(b)
the identity of that author is generally known or can be ascertained by reasonable inquiry.
[Aust. 1968, s. 81]
Copyright to subsist in joint works without regard to any author who is an unqualified person
79.
—(1)  Section 30(2) shall have effect, in relation to a work of joint authorship of which one of the authors is an unqualified person, or 2 or more (but not all) of the authors are unqualified persons, as if the author or authors, other than unqualified persons, had alone been the author or authors, as the case may be, of the work.
(2)  For the purposes of subsection (1), a person is an “unqualified person” in relation to a work where, if he had alone been the author of the work, copyright would not have subsisted in the work by virtue of this Part.
[Aust. 1968, s. 82]
Inclusion of joint works in collections for use in educational institutions
80.  The reference in section 40(2) to other extracts from, or from adaptations of, works by the author of the extract concerned —
(a)
shall be read as including a reference to extracts from, or from adaptations of, works by the author of the extract concerned in collaboration with any other person; or
(b)
if the extract concerned is from, or from an adaptation of, a work of joint authorship — shall be read as including a reference to extracts from, or from adaptations of, works by any one or more of the authors of the extract concerned, or by any one or more of those authors in collaboration with any other person.
[Aust. 1968, s. 83]