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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 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 30/07/2014, you requested the version in force on 30/07/2014 incorporating all amendments published on or before 30/07/2014. The closest version currently available is that of 07/03/2014.
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Notation of copies, etc.
201.
—(1)  In proceedings against a person or body for infringement of copyright in a work in connection with the making, by or on behalf of an institution, of a copy of the whole or a part of that work, the person or body is not entitled to rely on section 45, 46, 48, 52, 54 or 54A as justification for the making of that copy unless, at or about the time the copy was made, there was made on the copy a notation —
(a)
stating that the copy was made on behalf of that institution and the date on which it was made; and
(b)
in the case of a copy that was made in reliance on section 54(4), stating that the copy is a prescribed reproduction made in reliance on that subsection.
[6/98]
(2)  In proceedings against a person or body for infringement of copyright in a sound recording or a cinematograph film in connection with the making, by or on behalf of an institution, of a copy of the sound recording or cinematograph film, the person or body is not entitled to rely on section 113 as justification for the making of the copy unless, at or about the time the copy was made, there was made on, or attached to, the copy a notation stating that the copy was made on behalf of that institution and setting out the date on which the copy was made.
(3)  In proceedings against a person or body for infringement of copyright in a work in connection with the making, on behalf of an institution assisting handicapped readers, a record embodying a sound recording of the work, or of a part of the work, the person or body is not entitled to rely on section 54(1) unless, at the time the record was made, there was embodied on the record, immediately before the commencement of that sound recording, a sound recording of a prescribed message.
(4)  A person who —
(a)
makes on a copy of the whole or a part of a work, a notation referred to in subsection (1);
(b)
makes on, or attaches to, a copy of a sound recording or a cinematograph film a notation of the kind referred to in subsection (2); or
(c)
causes to be embodied on a record embodying a sound recording a message referred to in subsection (3),
being a notation of message that contains a statement that the person knows, or ought reasonably to know, is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(5)  For the purposes of subsections (1), (2) and (3) —
(a)
where a copy of a work, a sound recording or a cinematograph film is made, or caused to be made, by an authorised officer of a library, or is made by or on behalf of the officer-in-charge of a library, being a library of an institution, the copy shall be deemed to have been made on behalf of the institution;
(b)
where a copy of a work, a sound recording or a cinematograph film is made, or caused to be made by an authorised officer of a library, or is made by or on behalf of the officer-in-charge of a library, being a library that is not a library of an institution, then —
(i)
the copy shall be deemed to have been made on behalf of the person or body administering the library; and
(ii)
those subsections apply as if a reference in those subsections to an institution included a reference to that person or body;
(c)
where a copy of a work, a sound recording or a cinematograph film is made, or caused to be made, by an authorised officer of archives, or is made by or on behalf of the officer-in-charge of archives, then —
(i)
the copy shall be deemed to have been made on behalf of the person or body administering the archives; and
(ii)
those subsections apply as if a reference in those subsections to an institution included a reference to that person or body;
(d)
where a copy, or a record embodying a sound recording, of a whole or of a part of a work, is made by or on behalf of the body administering an institution, the copy or record, as the case may be, shall be deemed to have been made on behalf of the institution; and
(e)
where a copy of a sound recording or cinematograph film is made by or on behalf of the body administering an institution, the copy shall be deemed to have been made on behalf of the institution.
(6)  The production, in any proceedings —
(a)
for infringement of copyright in a work;
(b)
before a Copyright Tribunal on application made under section 52(11), 54(10) or 54A(7); or
(c)
for a contravention of a provision of this Act,
of a copy of a work, or of a part of a work, bearing a notation of the kind referred to in subsection (1) is prima facie evidence of the matters stated in the notation.
[23/2009 wef 31/12/2009]
[6/98]
(7)  For the purposes of subsection (6), where a copy of a work or a part of a work bears a notation of a kind referred to in subsection (1), the notation shall, unless the contrary is proved, be deemed to have been made on the copy at or about the time the copy was made.
(8)  The production, in any proceedings of a kind referred to in subsection (6), of a record embodying a sound recording of a work or a part of a work, being a record that also embodies a sound recording of a message of the kind referred to in subsection (3), is prima facie evidence of the matters stated in the message.
(9)  For the purposes of subsection (8), where a record embodying a sound recording of a work or a part of a work also embodies a sound recording of a message of the kind referred to in subsection (3), the message shall, unless the contrary is proved, be deemed to have been embodied on the record at the time the record was made.
(10)  The production, in any proceedings —
(a)
for infringement of copyright in a sound recording or a cinematograph film; or
(b)
for a contravention of this Act,
of a copy of a sound recording or a cinematograph film bearing, or to which there is attached, a notation of the kind referred to in subsection (2), is prima facie evidence of the matters stated in the notation.
(11)  For the purposes of subsection (10), where a copy of a sound recording or a cinematograph film bears, or where there is attached to such a copy, a notation of the kind referred to in subsection (2), the notation shall, unless the contrary is proved, be deemed to have been made on or attached to the copy at or about the time the copy was made.
(12)  In this section, “copy”, in relation to a work, or a part of a work, includes a microform copy, a Braille version, a large-print version, or a photographic version, of the work, or of the part of the work.
[Aust. 1968, s. 203H]