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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 23/05/2017, you requested the version in force on 23/05/2017 incorporating all amendments published on or before 23/05/2017. The closest version currently available is that of 31/03/2015.
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Division 1 — Preliminary
Interpretation of this Part
205.
—(1)  In this Part, the expression “photograph” shall, in lieu of the meaning given to that expression by section 7, have the meaning given by subsection (2).
(2)  For the purposes of any provision of this Part that provides that an expression is to have the meaning given to that expression by this section or that refers to an expression as defined by this section —
“collective works” means —
(a)
an encyclopaedia, dictionary, year book or similar work;
(b)
a newspaper, review, magazine or similar periodical; or
(c)
a work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated;
“deliver”, in relation to a lecture, includes deliver by means of a mechanical instrument;
“dramatic work” includes a piece for recitation, a choreographic work or entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise, and a cinematograph production where the arrangement, the acting form or the combination of incidents represented gives the work an original character;
“lecture” includes an address, speech and sermon;
“literary work” includes a map, chart, plan, table and compilation;
“perform”, in relation to a dramatic work as defined by this section or a musical work, means to make an acoustic representation of the work or a visual representation of a dramatic action in the work, and includes such a representation made by means of a mechanical instrument;
“photograph” includes photo-lithograph and a work produced by a process similar to photography.
[Aust. 1968, s. 204]
References to making of works, recordings and films
206.  For the purposes of any reference in this Part to works, sound recordings or cinematograph films made before 10th April 1987, a work, sound recording or cinematograph film the making of which extended over a period shall be deemed not to have been made before that date unless the making of it was completed before that date.
[S 107/87]
[Aust. 1968, s. 205]
References in other laws or instruments to copyright
207.
—(1)  Without prejudice to the operation of the other provisions of this Part —
(a)
a reference in any other written law or in any contract, agreement or other instrument to a provision of the Copyright Act 1911 shall be read as a reference, or as including a reference, to the corresponding provision of this Act;
(b)
a reference in any other written law or in any contract, agreement or other instrument to copyright or to works in which copyright subsists shall, if apart from this Act it would be read as a reference to copyright under the Copyright Act 1911 or to works in which copyright subsisted under that Act, be read as a reference, or as including a reference, to copyright under this Act or to works or any other subject-matter in which copyright subsists under this Act, as the case may be; and
(c)
a reference in any other written law or in any contract, agreement or other instrument to the grant of an interest in copyright by licence shall be read, in relation to copyright under this Act, as a reference to the grant of a licence in respect of that copyright.
(2)  This section shall have effect unless the contrary intention appears in any other written law or in the contract, agreement or other instrument, as the case may be.
[Aust. 1968, s. 206]
Authorship of photographs
208.  A reference in this Act to the author of a photograph shall, in relation to a photograph taken before 10th April 1987, be read as a reference to the person who, at the time when the photograph was taken, was the owner of the material on which the photograph was taken.
[Aust. 1968, s. 208]
Publication
209.
—(1)  For the purposes of the application of section 24(5) in determining whether a publication that took place before 10th April 1987 was the first publication, the reference in that section to a period of not more than 30 days shall be read as a reference to a period of not more than 14 days.
[S 107/87]
(2)  For the purposes of the application of section 24(7) in relation to an act done before that date —
(a)
a reference in that section to copyright shall include a reference to copyright under the Copyright Act 1911; and
(b)
a reference in that section to the licence of the owner of copyright shall be read as a reference to the consent or acquiescence of the owner.
[Aust. 1968, s. 209]