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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 Handicapped Readers 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 FORM0

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 21/04/2014, you requested the version in force on 21/04/2014 incorporating all amendments published on or before 21/04/2014. The closest version currently available is that of 07/03/2014.
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Division 1 — Preliminary
Interpretation of this Part
149.
—(1)  In this Part, unless the context otherwise requires —
“deputy president” means a deputy president of the Tribunals appointed by the Minister under section 151A(1)(b);
“licence” means a licence granted by or on behalf of the owner or prospective owner of the copyright in a work or other subject-matter to do an act comprised in the copyright;
“licence scheme” means a scheme (including anything in the nature of a scheme, whether called a scheme or tariff or called by any other name) formulated by a licensor and setting out the classes of cases in which the licensor is willing to grant licences and the charges (if any) subject to payment of which, and the conditions subject to which, licences would be granted in those classes of cases;
“licensor” means any association, body or organisation (whether incorporated or unincorporated) which —
(a)
carries on the business of negotiating, granting or otherwise collectively administering licences in relation to a repertoire of works or other subject-matter by different authors, makers or publishers who are not affiliated with that association, body or organisation within the meaning of subsection (3); and
(b)
negotiates, grants or otherwise collectively administers such licences either as the owner or prospective owner of the copyrights in such works or other subject-matter or as the agent or representative of the owners or prospective owners of the copyrights in such works or other subject-matter;
“member” means a member of a Tribunal and includes the president or deputy president presiding over the Tribunal;
“order” includes an interim order;
“organisation” means an organisation or association of persons whether corporate or unincorporate;
“panel” means the panel appointed by the Minister under section 151A(4);
“party” includes a person or an organisation making representations to a Tribunal at an inquiry under section 157;
“president” means the president of the Tribunals appointed by the Minister under section 151A(1)(a);
“proceeding”, in relation to a Tribunal, includes an inquiry by the Tribunal under section 157.
(2)  In this Part —
(a)
a reference to conditions is a reference to any conditions other than conditions relating to the payment of a charge;
(b)
a reference to giving an opportunity to a person or organisation of presenting a case is a reference to giving the person or organisation an opportunity, at the option of the person or organisation, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard;
(c)
a reference to a person who requires a licence of a particular kind includes a reference to a person who holds a licence of that kind if the person will, at the expiration of the period for which the licence was granted, require a renewal of that licence or a grant of a further licence of the same kind; and
(d)
a reference to proceedings for infringement of copyright includes a reference to proceedings brought in respect of an alleged contravention of section 136(6).
[Aust. 1968, s. 136]
(3)  For the purpose of the definition of “licensor” in subsection (1), the author, maker or publisher of any work or other subject-matter is affiliated with the association, body or organisation which carries on the business of negotiating, granting or otherwise collectively administering licences in relation to that work or other subject-matter if such author, maker or publisher produced or published that work or other subject-matter in the course of his employment with, or under a commission from —
(a)
that association, body or organisation; or
(b)
any other association, body or organisation which is related, in such manner as may be prescribed, to the first-mentioned association, body or organisation.
Cases to which licence schemes apply
150.
—(1)  For the purposes of this Part, a case shall, subject to subsection (2), be deemed to be a case to which a licence scheme applies if, in accordance with a licence scheme for the time being in operation, a licence would be granted in that case.
(2)  For the purposes of this Part, where, in accordance with a licence scheme —
(a)
the licences that would be granted would be subject to conditions by virtue of which particular matters would be excepted from the licences; and
(b)
a case relates to one or more matters falling within such an exception,
that case shall be deemed not to be a case to which the scheme applies.
[Aust. 1968, s. 137]