COPYRIGHT ACT 1968
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 4 Extension to external Territories
- 5 Exclusion of Imperial Copyright Act, 1911
- 6 Repeal of Copyright Acts
- 7 Act to bind the Crown
- 8 Copyright not to subsist except by virtue of this Act
- 8A Prerogative rights of the Crown in the nature of copyright
- 9 Operation of other laws
- 9A Application of the Criminal Code
PART II--INTERPRETATION
- 10 Interpretation
- 10AA Non - infringing copy of a sound recording
- 10AB Non - infringing copy of a computer program
- 10AC Non - infringing copy of an electronic literary or music item
- 10AD Accessories to imported articles
- 11 Residence in a country not affected by temporary absence
- 12 References to Parliament
- 13 Acts comprised in copyright
- 14 Acts done in relation to substantial part of work or other subject - matter deemed to be done in relation to the whole
- 15 References to acts done with licence of owner of copyright
- 16 References to partial assignment of copyright
- 17 Statutory employment
- 18 Libraries established or conducted for profit
- 19 References to Copyright Act, 1911
- 20 Names under which work is published
- 21 Reproduction and copying of works and other subject - matter
- 22 Provisions relating to the making of a work or other subject - matter
- 23 Sound recordings and records
- 24 References to sounds and visual images embodied in an article
- 25 Provisions relating to broadcasting
- 27 Performance
- 28 Performance and communication of works or other subject - matter in the course of educational instruction
- 29 Publication
- 29A Making public
- 30 Ownership of copyright for particular purposes
- 30A Commercial rental arrangement
PART III--COPYRIGHT--IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS
Division 1--Nature, duration and ownership of copyright in works
- 31 Nature of copyright in original works
- 32 Original works in which copyright subsists
- 33 Duration of copyright in original works
- 35 Ownership of copyright in original works
Division 2--Infringement of copyright in works
- 36 Infringement by doing acts comprised in the copyright
- 37 Infringement by importation for sale or hire
- 38 Infringement by sale and other dealings
- 39 Infringement by permitting place of public entertainment to be used for performance of work
- 39A Infringing copies made on machines installed in libraries and archives
- 39B Communication by use of certain facilities
Division 3--Acts not constituting infringements of copyright in works
- 40 Fair dealing for purpose of research or study
- 41 Fair dealing for purpose of criticism or review
- 41A Fair dealing for purpose of parody or satire
- 42 Fair dealing for purpose of reporting news
- 43 Reproduction for purpose of judicial proceedings or professional advice
- 43A Temporary reproductions made in the course of communication
- 43B Temporary reproductions of works as part of a technical process of use
- 43C Reproducing works in books, newspapers and periodical publications in different form for private use
- 44 Inclusion of works in collections for use by places of education
- 44A Importation etc. of books
- 44B Reproduction of writing on approved label for containers for chemical product
- 44BA Acts done in relation to certain medicine
- 44BB Copyright subsisting in works shared for healthcare or related purposes
- 44C Copyright subsisting in accessories etc. to imported articles
- 44D Import of non - infringing copy of sound recording does not infringe copyright in works recorded
- 44E Importation and sale etc. of copies of computer programs
- 44F Importation and sale etc. of copies of electronic literary or music items
Division 4--Acts not constituting infringements of copyright in literary, dramatic and musical works
- 45 Reading or recitation in public or for a broadcast
- 46 Performance at premises where persons reside or sleep
- 47 Reproduction for purpose of broadcasting
- 47AA Reproduction for the purpose of simulcasting
Division 4A--Acts not constituting infringements of copyright in computer programs
- 47AB Meaning of computer program
- 47B Reproduction for normal use or study of computer programs
- 47C Back - up copy of computer programs
- 47D Reproducing computer programs to make interoperable products
- 47E Reproducing computer programs to correct errors
- 47F Reproducing computer programs for security testing
- 47G Unauthorised use of copies or information
- 47H Agreements excluding operation of certain provisions
Division 4B--Acts not constituting infringements of copyright in artistic works
- 47J Reproducing photograph in different format for private use
Division 5--Copying of works in libraries or archives
- 48 Interpretation
- 48A Copying by Parliamentary libraries for members of Parliament
- 49 Reproducing and communicating works by libraries and archives for users
- 50 Reproducing and communicating works by libraries or archives for other libraries or archives
- 51 Reproducing and communicating unpublished works in libraries or archives
- 51AA Reproducing and communicating works in care of National Archives of Australia
- 52 Publication of unpublished works kept in libraries or archives
- 53 Application of Division to illustrations accompanying articles and other works
Division 6--Recording of musical works
- 54 Interpretation
- 55 Conditions upon which manufacturer may make records of musical work
- 57 Provisions relating to royalty where 2 or more works are on the one record
- 59 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work
- 60 Records made partly for retail sale and partly for gratuitous disposal
- 61 Making inquiries in relation to previous records
- 64 Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records
Division 7--Acts not constituting infringements of copyright in artistic works
- 65 Sculptures and certain other works in public places
- 66 Buildings and models of buildings
- 67 Incidental filming or televising of artistic works
- 68 Publication of artistic works
- 70 Reproduction for purpose of including work in television broadcast
- 72 Reproduction of part of work in later work
- 73 Reconstruction of buildings
Division 8--Designs
- 74 Corresponding design
- 75 Copyright protection where corresponding design registered
- 76 False registration of industrial designs under the Designs Act 2003
- 77 Application of artistic works as industrial designs without registration of the designs
- 77A Certain reproductions of an artistic work do not infringe copyright
Division 9--Works of joint authorship
- 78 References to all of joint authors
- 79 References to any one or more of joint authors
- 79A References to the identity of none of joint authors being generally known
- 80 References to whichever of joint authors died last
- 81 Works of joint authorship published under pseudonyms
- 82 Copyright to subsist in joint works without regard to any author who is an unqualified person
- 83 Inclusion of joint works in collections for use in places of education
PART IV--COPYRIGHT--IN SUBJECT-MATTER OTHER THAN WORKS
Division 1--Preliminary
Division 2--Nature of copyright in subject-matter other than works
- 85 Nature of copyright in sound recordings
- 86 Nature of copyright in cinematograph films
- 87 Nature of copyright in television broadcasts and sound broadcasts
- 88 Nature of copyright in published editions of works
Division 3--Subject-matter, other than works, in which copyright subsists
- 89 Sound recordings in which copyright subsists
- 90 Cinematograph films in which copyright subsists
- 91 Television broadcasts and sound broadcasts in which copyright subsists
- 92 Published editions of works in which copyright subsists
Division 4--Duration of copyright in subject-matter other than works
- 93 Duration of copyright in sound recordings and films
- 95 Duration of copyright in television broadcasts and sound broadcasts
- 96 Duration of copyright in published editions of works
Division 5--Ownership of copyright in subject-matter other than works
Subdivision A--Ownership of copyright in subject-matter other than works- 97 Ownership of copyright in sound recordings
- 98 Ownership of copyright in cinematograph films
- 99 Ownership of copyright in television broadcasts and sound broadcasts
- 100 Ownership of copyright in published editions of works Subdivision B--Specific provisions relating to the ownership of copyright in pre-commencement sound recordings of live performances
- 100AA Application
- 100AB Definitions
- 100AC Application of sections 100AD and 100AE
- 100AD Makers of pre - commencement sound recordings of live performances
- 100AE Ownership of pre - commencement copyright in sound recordings of live performances
- 100AF Former owners may continue to do any act in relation to the copyright
- 100AG Actions by new owners of copyright
- 100AH References to the owner of the copyright in a sound recording
Division 6--Infringement of copyright in subject-matter other than works
- 100A Interpretation
- 101 Infringement by doing acts comprised in copyright
- 102 Infringement by importation for sale or hire
- 103 Infringement by sale and other dealings
- 103A Fair dealing for purpose of criticism or review
- 103AA Fair dealing for purpose of parody or satire
- 103B Fair dealing for purpose of reporting news
- 103C Fair dealing for purpose of research or study
- 104 Acts done for purposes of judicial proceeding
- 104A Acts done by Parliamentary libraries for members of Parliament
- 104B Infringing copies made on machines installed in libraries and archives
- 104C Copyright subsisting in sound recordings and cinematograph films shared for healthcare or related purposes
- 105 Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast
- 106 Causing sound recording to be heard at guest house or club
- 107 Making of a copy of the sound recording for purpose of broadcasting
- 108 Copyright in published recording not infringed by public performance if equitable remuneration paid
- 109 Copyright in published sound recording not infringed by broadcast in certain circumstances
- 109A Copying sound recordings for private and domestic use
- 110 Provisions relating to cinematograph films
- 110AA Copying cinematograph film in different format for private use
- 110A Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives
- 110C Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting
- 111 Recording broadcasts for replaying at more convenient time
- 111A Temporary copy made in the course of communication
- 111B Temporary copy of subject - matter as part of a technical process of use
- 112 Reproductions of editions of work
- 112A Importation and sale etc. of books
- 112B Reproduction of writing on approved label for containers for chemical product
- 112C Copyright subsisting in accessories etc. to imported articles
- 112D Import of non - infringing copy of a sound recording does not infringe copyright in the sound recording
- 112DA Importation and sale etc. of copies of electronic literary or music items
- 112E Communication by use of certain facilities
Division 7--Miscellaneous
- 113 Copyrights to subsist independently
- 113A Agents may act on behalf of groups of performers
- 113B Consent to the use of a sound recording of a live performance
- 113C Use of published sound recordings when owners cannot be found etc.
PART IVA--USES--THAT DO NOT INFRINGE COPYRIGHT
Division 1--Simplified outline of this Part
- 113D Simplified outline of this Part
Division 2--Access by or for persons with a disability
- 113E Fair dealing for purpose of access by persons with a disability
- 113F Use of copyright material by organisations assisting persons with a disability
Division 3--Libraries and archives
Subdivision A--Public libraries, parliamentary libraries and archives- 113G Libraries
- 113H Preservation
- 113J Research
- 113K Administration of the collection Subdivision B--Key cultural institutions
- 113L Meaning of key cultural institution
- 113M Preservation
Division 4--Educational institutions--statutory licence
- 113N Simplified outline of this Division
- 113P Copying and communicating works and broadcasts
- 113Q Remuneration notices
- 113R Equitable remuneration
- 113S Educational institutions must assist collecting society
- 113T Voluntary licences
- 113U Persons acting on behalf of bodies administering educational institutions
Division 5--Collecting societies
Subdivision A--Declaration of collecting society- 113V Declaration of collecting society
- 113W Requirements for declaration of collecting society
- 113X Revocation of declaration Subdivision B--Operation of collecting society
- 113Y Scope of this Subdivision
- 113Z Annual report and accounts
- 113ZA Amendment of rules
- 113ZB Review of distribution arrangement by Copyright Tribunal
- 113ZC Operation of collecting society rules
PART V--REMEDIES--AND OFFENCES
Division 1--Preliminary
- 114 Interpretation
Division 2--Actions by owner of copyright
- 115 Actions for infringement
- 115A Injunctions relating to online locations outside Australia
- 116 Rights of owner of copyright in respect of infringing copies
- 116AAA Compensation for acquisition of property
Division 2AA--Limitation on remedies available against service providers
Subdivision A--Preliminary- 116AA Purpose of this Division
- 116AB Definitions
- 116ABA Definition of service provider Subdivision B--Relevant activities
- 116AC Category A activity
- 116AD Category B activity
- 116AE Category C activity
- 116AF Category D activity Subdivision C--Limitations on remedies
- 116AG Limitations on remedies Subdivision D--Conditions
- 116AH Conditions
- 116AI Evidence of compliance with conditions Subdivision E--Regulations
- 116AJ Regulations
Division 2A--Actions in relation to technological protection measures and electronic rights management information
Subdivision A--Technological protection measures- 116AK Definitions
- 116AL Interaction of this Subdivision with Part VAA
- 116AM Geographical application
- 116AN Circumventing an access control technological protection measure
- 116AO Manufacturing etc. a circumvention device for a technological protection measure
- 116AP Providing etc. a circumvention service for a technological protection measure
- 116AQ Remedies in actions under this Subdivision Subdivision B--Electronic rights management information
- 116B Removal or alteration of electronic rights management information
- 116C Distribution to the public etc. of works whose electronic rights management information has been removed or altered
- 116CA Distribution and importation of electronic rights management information that has been removed or altered
- 116CB Exception relating to national security and law enforcement
- 116D Remedies in actions under this Subdivision
Division 3--Proceedings where copyright is subject to exclusive licence
- 117 Interpretation
- 118 Application
- 119 Rights of exclusive licensee
- 120 Joinder of owner or exclusive licensee as a party
- 121 Defences available against exclusive licensee
- 122 Assessment of damages where exclusive licence granted
- 123 Apportionment of profits between owner and exclusive licensee
- 124 Separate actions in relation to the same infringement
- 125 Liability for costs
Division 4--Proof of facts in civil actions
- 126 Presumptions as to subsistence and ownership of copyright
- 126A Presumptions relating to subsistence of copyright
- 126B Presumptions relating to ownership of copyright
- 127 Presumptions in relation to authorship of work
- 128 Presumptions in relation to publisher of work
- 129 Presumptions where author has died
- 129A Presumptions relating to computer programs
- 130 Presumptions relating to sound recordings
- 130A Acts relating to imported copies of sound recordings
- 130B Acts relating to imported copies of computer programs
- 130C Acts relating to imported copies of electronic literary or music items
- 131 Presumptions relating to films
Division 4A--Jurisdiction and appeals
- 131A Exercise of jurisdiction
- 131B Appeals
- 131C Jurisdiction of Federal Court of Australia
- 131D Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
Division 5--Offences and summary proceedings
Subdivision A--Preliminary- 132AA Definitions
- 132AB Geographical application Subdivision B--Substantial infringement on a commercial scale
- 132AC Commercial - scale infringement prejudicing copyright owner Subdivision C--Infringing copies
- 132AD Making infringing copy commercially
- 132AE Selling or hiring out infringing copy
- 132AF Offering infringing copy for sale or hire
- 132AG Exhibiting infringing copy in public commercially
- 132AH Importing infringing copy commercially
- 132AI Distributing infringing copy
- 132AJ Possessing infringing copy for commerce
- 132AK Aggravated offence--work etc. converted to digital form
- 132AL Making or possessing device for making infringing copy
- 132AM Advertising supply of infringing copy Subdivision D--Airing of works, sound recordings and films
- 132AN Causing work to be performed publicly
- 132AO Causing recording or film to be heard or seen in public Subdivision E--Technological protection measures
- 132APA Definitions
- 132APB Interaction of this Subdivision with Part VAA
- 132APC Circumventing an access control technological protection measure
- 132APD Manufacturing etc. a circumvention device for a technological protection measure
- 132APE Providing etc. a circumvention service for a technological protection measure Subdivision F--Electronic rights management information
- 132AQ Removing or altering electronic rights management information
- 132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information
- 132AS Distributing or importing electronic rights management information
- 132AT Defences Subdivision G--Evidence
- 132AU Prosecution to prove profit
- 132A Presumptions in relation to subsistence and ownership of copyright
- 132AAA Presumptions relating to computer programs
- 132B Presumptions relating to sound recordings
- 132C Presumptions relating to films Subdivision H--Extra court orders
- 133 Destruction or delivery up of infringing copies etc. Subdivision I--Procedure and jurisdiction
- 133A Courts in which offences may be prosecuted
- 133B Infringement notices
Division 6--Miscellaneous
Division 7--Seizure of imported copies of copyright material
- 134B Interpretation
- 135 Restriction of importation of copies of works etc.
- 135AA Decision not to seize unless expenses are covered
- 135AB Secure storage of seized copies
- 135AC Notice of seizure
- 135AD Inspection, release etc. of seized copies
- 135AE Forfeiture of seized copies by consent
- 135AEA Claim for release of seized copies
- 135AEB Seized copies not claimed are forfeited
- 135AEC Late claim for release of seized copies
- 135AED Objector to be notified of claim
- 135AF Release of seized copies to importer
- 135AFA Copies released but not collected are forfeited
- 135AG Provision relating to actions for infringement of copyright
- 135AH Retention of control of seized copies
- 135AI Disposal of seized copies forfeited to the Commonwealth
- 135AJ Failure to meet Commonwealth's expenses of seizure
- 135AK Immunity of the Commonwealth
PART VAA--UNAUTHORISED--ACCESS TO ENCODED BROADCASTS
Division 1--Preliminary
- 135AL Definitions
- 135AM Counterclaim
- 135AN This Part does not apply to law enforcement activity etc.
Division 2--Actions
Subdivision A--Actions relating to unauthorised decoders- 135AOA Making or dealing with unauthorised decoder Subdivision B--Actions relating to decoders for subscription broadcasts
- 135AOB Making decoder available online Subdivision C--Actions for unauthorised access to encoded broadcasts
- 135AOC Causing unauthorised access
- 135AOD Unauthorised commercial use of subscription broadcast Subdivision D--Court orders
- 135AOE Relief
- 135AOF Destruction of decoder Subdivision E--Jurisdiction and appeals
- 135AP Exercise of jurisdiction
- 135AQ Appeals
- 135AR Jurisdiction of Federal Court of Australia
- 135AS Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
Division 3--Offences
Subdivision A--Offences- 135ASA Making unauthorised decoder
- 135ASB Selling or hiring unauthorised decoder
- 135ASC Offering unauthorised decoder for sale or hire
- 135ASD Commercially exhibiting unauthorised decoder in public
- 135ASE Importing unauthorised decoder commercially
- 135ASF Distributing unauthorised decoder
- 135ASG Making unauthorised decoder available online
- 135ASH Making decoder available online for subscription broadcast
- 135ASI Unauthorised access to subscription broadcast etc.
- 135ASJ Causing unauthorised access to encoded broadcast etc. Subdivision B--Prosecutions
- 135ATA Courts in which offences may be prosecuted Subdivision C--Further orders by court
- 135AU Destruction etc. of unauthorised decoders
PART VC--RETRANSMISSION--OF FREE-TO-AIR BROADCASTS
Division 1--Preliminary
- 135ZZI Definitions
- 135ZZJ Operation of collecting society rules
- 135ZZJA Application of Part
Division 2--Retransmission of free-to-air broadcasts
- 135ZZK Retransmission of free - to - air broadcasts
- 135ZZL Remuneration notices
- 135ZZM Amount of equitable remuneration
- 135ZZN Record system
- 135ZZP Inspection of records etc.
- 135ZZQ Identity cards
- 135ZZR Revocation of remuneration notice
- 135ZZS Request for payment of equitable remuneration
Division 3--Collecting societies
- 135ZZT Collecting societies
- 135ZZU Revocation of declaration
- 135ZZV Annual report and accounts
- 135ZZW Amendment of rules
- 135ZZWA Applying to Tribunal for review of distribution arrangement
Division 4--Interim retransmissions
- 135ZZX Appointment of notice holder
- 135ZZY Retransmitting before declaration of collecting society
- 135ZZZ Notices by retransmitters
- 135ZZZA Record keeping requirements
- 135ZZZB Effect of declaration of collecting society
Division 5--Miscellaneous
- 135ZZZC Relevant copyright owner may authorise retransmitting
- 135ZZZD Copyright not to vest under this Part
- 135ZZZE Licence to retransmit does not authorise copyright infringements
PART VD--RE---BROADCASTS BY SATELLITE BSA LICENSEES
Division 1--Preliminary
- 135ZZZF Definitions
- 135ZZZG Eligible program and original broadcaster
- 135ZZZH Operation of collecting society rules
Division 2--Re-broadcasts by satellite BSA licensees
- 135ZZZI Re - broadcasts by satellite BSA licensees
- 135ZZZJ Remuneration notices
- 135ZZZK Amount of equitable remuneration
- 135ZZZL Record system
- 135ZZZM Revocation of remuneration notice
- 135ZZZN Request for payment of equitable remuneration
Division 3--Collecting societies
- 135ZZZO Collecting societies
- 135ZZZP Revocation of declaration
- 135ZZZQ Annual report and accounts
- 135ZZZR Amendment of rules
- 135ZZZS Applying to Tribunal for review of distribution arrangement
Division 4--Interim re-broadcasts
- 135ZZZT Appointment of notice holder
- 135ZZZU Re - broadcast before declaration of collecting society
- 135ZZZV Notices by satellite BSA licensees
- 135ZZZW Record keeping requirements
- 135ZZZX Effect of declaration of collecting society
Division 5--Miscellaneous
- 135ZZZY Relevant copyright owner may authorise re - broadcast
- 135ZZZZ Copyright not to vest under this Part
- 135ZZZZA Licence to re - broadcast does not authorise copyright infringements
PART VI--COPYRIGHT--TRIBUNAL OF AUSTRALIA
Division 1--Preliminary
Division 2--Constitution of the Tribunal
- 138 Constitution of Tribunal
- 139 Appointment of members of Tribunal
- 140 Qualifications of members
- 141 Tenure of office
- 141A Seniority of Deputy Presidents
- 142 Acting President
- 143 Remuneration and allowances
- 144 Oath or affirmation of office
- 144A Disclosure of interests by members
- 144B Removal from office for failure to disclose interest
- 145 Resignation
- 146 Sittings of the Tribunal
- 147 President to arrange business of Tribunal
Division 3--Applications and references to the Tribunal
Subdivision B--Applications relating to Parts III and IV- 149 Applications to Tribunal for determination of remuneration payable for making recording or film of a work
- 150 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording
- 151 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording
- 152 Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings
- 152A Applications to Tribunal for determination of amount of royalty payable for recording musical works
- 152B Applications to Tribunal for determination of manner of paying royalty
- 153 Applications to Tribunal for apportionment of royalty in respect of a record Subdivision C--Applications and referrals relating to Part IVA
- 153A Applications and referrals relating to Division 4 of Part IVA Subdivision E--Applications relating to Part VII
- 153DF Meaning of copyright material
- 153E Applications to Tribunal under subsection 183(5)
- 153F Applications to Tribunal to declare collecting society for government copies
- 153G Applications to Tribunal to revoke a declaration of a collecting society
- 153H Time limit for deciding applications under section 153F or 153G
- 153J Amendment and revocation of a declaration on the declaration of another collecting society
- 153K Applications to Tribunal for method of working out payment for government copies
- 153KA Review of collecting society's distribution arrangement Subdivision G--Applications and references relating to Part VC
- 153M Applications to the Tribunal under subsection 135ZZM(1)
- 153N Applications to Tribunal under subsection 135ZZN(3)
- 153P References relating to declaration of collecting society
- 153Q References relating to revocation of declaration of collecting society
- 153R Review of collecting society's distribution arrangement Subdivision GA--Applications and references relating to Part VD
- 153RA Application to the Tribunal to determine amount payable to owner of copyright in a broadcast
- 153S Applications to the Tribunal under paragraph 135ZZZK(1)(b)--equitable remuneration
- 153T Applications to Tribunal under paragraph 135ZZZL(3)(b)--record system
- 153U References relating to declaration of collecting society
- 153V References relating to revocation of declaration of collecting society
- 153W Review of collecting society's distribution arrangement Subdivision H--References and applications relating to licences and licence schemes
- 154 Reference of proposed licence schemes to Tribunal
- 155 Reference of existing licence schemes to Tribunal
- 156 Further reference of licence schemes to Tribunal
- 157 Application to Tribunal in relation to licences
- 157A Tribunal must have regard to ACCC guidelines on request
- 157B Tribunal may make ACCC party to reference or application
- 158 Effect of licence scheme being continued in operation pending order of the Tribunal
- 159 Effect of order of Tribunal in relation to licences Subdivision I--General provisions
- 160 Interim orders
- 161 Reference of questions of law to Federal Court of Australia
- 162 Agreements or awards not affected
Division 4--Procedure and evidence
- 163 Proceedings to be in public except in special circumstances
- 163A Application may be made to Tribunal by the agent of the copyright owner
- 164 Procedure
- 165 Mistakes or errors in orders of the Tribunal
- 166 Regulations as to procedure
- 167 Power to take evidence on oath
- 168 Evidence in form of written statement
- 169 Representation
Division 4A--Alternative dispute resolution processes
- 169A Referral of proceeding for alternative dispute resolution process
- 169B Directions by President or Deputy President
- 169C Agreement about the terms of a decision etc.
- 169D Evidence not admissible
- 169E Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal
- 169F Participation by telephone etc.
- 169G Engagement of persons to conduct alternative dispute resolution processes
Division 5--Miscellaneous
- 170 Registrar
- 170A Other staff of the Tribunal
- 171 Protecting persons connected with Tribunal proceedings
- 172 Offences by witnesses
- 173 Offences relating to the Tribunal
- 174 Costs of proceedings
- 175 Proof of orders of Tribunal
PART VII--THE--CROWN
Division 1--Crown copyright
- 176 Crown copyright in original works made under direction of Crown
- 177 Crown copyright in original works first published in Australia under direction of Crown
- 178 Crown copyright in recordings and films made under direction of Crown
- 179 Provisions relating to ownership of copyright may be modified by agreement
- 180 Duration of Crown copyright in original works, sound recordings and films
- 182 Application of Parts III and IV to copyright subsisting by virtue of this Part
- 182A Copyright in statutory instruments and judgments etc.
Division 2--Use of copyright material for the Crown
- 182B Definitions
- 182C Relevant collecting society
- 183 Use of copyright material for the services of the Crown
- 183A Special arrangements for copying for services of government
- 183B Payment and recovery of equitable remuneration payable for government copies
- 183C Powers of collecting society to carry out sampling
- 183D Annual report and accounts of collecting society
- 183E Alteration of rules of collecting society
- 183F Applying to Tribunal for review of distribution arrangement
PART VIII--EXTENSION--OR RESTRICTION OF OPERATION OF ACT
Division 1--Foreign countries
- 184 Application of Act to countries other than Australia
- 185 Denial of copyright to citizens of countries not giving adequate protection to Australian works
Division 2--International organizations
- 186 Application of Act to international organizations
- 187 Original works made or first published by international organizations
- 188 Subject - matter, other than original works, made or first published by international organizations
- 188A Duration of international organization copyright
PART IX--MORAL--RIGHTS OF PERFORMERS AND OF AUTHORS OF LITERARY, DRAMATIC, MUSICAL OR ARTISTIC WORKS AND CINEMATOGRAPH FILMS
Division 1--Preliminary
- 189 Definitions
- 190 Moral rights conferred on individuals
- 191 Director, producer and screenwriter of cinematograph film
- 191A Staging a performance
- 191B Conductor to be treated as a performer
- 192 Rights to be additional to other rights
Division 2--Right of attribution of authorship
- 193 Author's right of attribution of authorship
- 194 Acts giving rise to right of attribution of authorship
- 195 Nature of the identification of author
- 195AA Identification of author to be clear and reasonably prominent
- 195AB What is a reasonably prominent identification
Division 2A--Right of attribution of performership
- 195ABA Performer's right of attribution of performership
- 195ABB Acts giving rise to right of attribution of performership
- 195ABC Nature of the identification of performer
- 195ABD Identification of performer to be clear and reasonably prominent or audible
- 195ABE What is a reasonably prominent identification
Division 3--Right not to have authorship of a work falsely attributed
- 195AC Author's right not to have authorship falsely attributed
- 195AD Acts of false attribution of authorship of a literary, dramatic or musical work
- 195AE Acts of false attribution of authorship of artistic work
- 195AF Acts of false attribution of authorship of cinematograph film
- 195AG Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work
- 195AH Act of false attribution of authorship of altered cinematograph film
Division 3A--Right not to have performership falsely attributed
- 195AHA Performer's right not to have performership falsely attributed
- 195AHB Acts of false attribution of performership
- 195AHC Act of false attribution of performership of altered recorded performance
Division 4--Right of integrity of authorship of a work
- 195AI Author's right of integrity of authorship
- 195AJ Derogatory treatment of literary, dramatic or musical work
- 195AK Derogatory treatment of artistic work
- 195AL Derogatory treatment of cinematograph film
Division 4A--Right of integrity of performership
- 195ALA Performer's right of integrity of performership
- 195ALB Derogatory treatment of performance
Division 5--Duration and exercise of moral rights
Subdivision A--Duration and exercise of moral rights of authors- 195AM Duration of author's moral rights
- 195AN Exercise of author's moral rights Subdivision B--Duration and exercise of moral rights of performers
- 195ANA Duration of performer's moral rights for recorded performances
- 195ANB Exercise of performer's moral rights
Division 6--Infringement of moral rights
Subdivision A--Infringement of moral rights of authors- 195AO Infringement of right of attribution of authorship
- 195AP Infringement of right not to have authorship falsely attributed
- 195AQ Infringement of right of integrity of authorship
- 195AR No infringement of right of attribution of authorship if it was reasonable not to identify the author
- 195AS No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable
- 195AT Certain treatment of works not to constitute an infringement of the author's right of integrity of authorship
- 195AU Infringement by importation for sale or other dealing
- 195AV Infringement by sale and other dealings
- 195AVA Matters to be taken into account
- 195AVB Communication by use of certain facilities
- 195AW Author's consent to act or omission--films or works in films
- 195AWA Author's consent to act or omission--work that is not a film or included in a film
- 195AWB Consent invalidated by duress or false or misleading statements
- 195AX Acts or omissions outside Australia Subdivision B--Infringement of moral rights of performers
- 195AXA Infringement of right of attribution of performership
- 195AXB Infringement of right not to have performership falsely attributed
- 195AXC Infringement of right of integrity of performership
- 195AXD No infringement of right of attribution of performership if it was reasonable not to identify the performer
- 195AXE No infringement of right of integrity of performership if derogatory treatment or other action was reasonable
- 195AXF Infringement by importation for sale or other dealing
- 195AXG Infringement by sale and other dealings
- 195AXH Matters to be taken into account
- 195AXI Communication by use of certain facilities
- 195AXJ Performer's consent to act or omission
- 195AXK Consent invalidated by duress or false or misleading statements
- 195AXL Acts or omissions outside Australia
Division 7--Remedies for infringements of moral rights
Subdivision A--Remedies for infringement of moral rights of authors- 195AY Definition etc.
- 195AZ Actions for infringement of author's moral rights
- 195AZA Remedies for infringements of author's moral rights
- 195AZD Presumption as to subsistence of copyright
- 195AZE Presumption as to subsistence of author's moral rights
- 195AZF Presumptions in relation to authorship of work
- 195AZG Other presumptions in relation to literary, dramatic, musical or artistic work Subdivision B--Remedies for infringement of moral rights of performers
- 195AZGA Definition etc.
- 195AZGB Actions for infringement of performer's moral rights
- 195AZGC Remedies for infringements of performer's moral rights
- 195AZGD Presumption as to subsistence of copyright
- 195AZGE Presumption as to subsistence of performer's moral rights
- 195AZGF Presumptions in relation to performership Subdivision C--Miscellaneous
- 195AZGG Saving of other rights and remedies
- 195AZGH Jurisdiction of courts
Division 8--Miscellaneous
Subdivision A--Miscellaneous provisions about moral rights of authors- 195AZH Parts of works
- 195AZI Works of joint authorship
- 195AZJ Cinematograph films that have more than one principal director
- 195AZK Cinematograph films that have more than one principal producer
- 195AZL Cinematograph films that have more than one principal screenwriter
- 195AZM Application--right of attribution of authorship
- 195AZN Application--right not to have authorship falsely attributed
- 195AZO Application--right of integrity of authorship Subdivision B--Miscellaneous provisions about moral rights of performers
- 195AZP Parts of performances
- 195AZQ Performances that have more than one performer
- 195AZR Application
PART X--MISCELLANEOUS
Division 1--Interpretation
- 195A Interpretation
Division 2--Review
- 195B Review of certain decisions
Division 3--National Library of Australia
- 195CA Simplified outline
- 195CB Copy of certain material to be delivered to the Library
- 195CC Library may request a copy of material available online
- 195CD Delivering material to the Library
- 195CE Meaning of National Library material
- 195CF Meaning of available online
- 195CG Infringement notices
- 195CH Relationship with State and Territory laws
- 195CI Delegation
- 195CJ Legislative instruments
Division 4--Other matters
- 196 Assignments and licences in respect of copyright
- 197 Prospective ownership of copyright
- 198 Copyright to pass under will with unpublished work
- 199 Reception of broadcasts
- 200 Use of works and broadcasts for educational purposes
- 200AAA Proxy web caching by educational institutions
- 200AB Use of works and other subject - matter for certain purposes
- 202 Groundless threats of legal proceedings in relation to copyright infringement
- 202A Groundless threats of legal proceedings in relation to technological protection measures
- 203 Limitation on power of courts to grant relief in proceedings under this Act
- 203A Offence--failing to keep declarations relating to copying in library or archives
- 203E Inspection of records and declarations retained in records of libraries and archives
- 203F False and misleading declarations
- 203G Offence--disposing of or destroying certain declarations
- 203H Notation of certain copies etc.
PART XI--TRANSITIONAL
Division 1--Preliminary
- 204 Interpretation
- 205 References to making of works, recordings and films
- 206 References in other laws or instruments to copyright
- 207 Application
- 208 Authorship of photographs
- 209 Publication
Division 2--Original works
- 210 Expired copyright not to revive
- 211 Original works in which copyright subsists
- 213 Ownership of copyright
- 214 Infringement by importation, sale and other dealings
- 215 Recording of musical works
- 216 Publication of artistic works
- 217 Reconstruction of buildings
- 218 Industrial designs
- 219 Reproduction of work upon payment of royalties
Division 3--Subject-matter other than works
- 220 Sound recordings
- 221 Cinematograph films
- 222 Application of Act to dramatic works and photographs comprised in cinematograph films
- 223 Television broadcasts and sound broadcasts
- 224 Published editions of works
- 225 Infringement by importation, sale and other dealings
Division 4--Miscellaneous
- 226 Actions for infringement
- 227 Infringing copies
- 228 Actions where copyright subject to exclusive licence
- 229 Offences and summary proceedings
- 230 Limitation of actions
- 231 Restriction of importation of printed copies of works
- 232 References and applications to Tribunal in relation to licence schemes
- 235 Crown copyright in films
- 236 Works made or published by international organizations
- 237 Subject - matter, other than original works, made or published by international organizations
- 239 Assignments and licences
- 240 Bequests
- 242 Groundless threats of legal proceedings
Division 5--Works made before 1 July, 1912
- 243 Interpretation
- 244 Application
- 245 Rights conferred by Copyright Act, 1911
- 246 Performing rights
- 247 Contributions to periodicals
- 248 Assignments and licences
PART XIA--PERFORMERS----PROTECTION
Division 1--Preliminary
- 248A Interpretation
- 248B Educational purposes
- 248C Exempt recordings cease to be exempt recordings in certain circumstances
- 248CA Protection period
- 248D Private and domestic use
- 248F Application
Division 2--Actions by performers
- 248G What constitutes unauthorised use
- 248H Copying sound recordings for broadcasting
- 248J Actions for unauthorised use
- 248K Exercise of jurisdiction
- 248L Appeals
- 248M Jurisdiction of Federal Court
- 248MA Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
- 248N Right to bring an action not assignable
Division 3--Offences
Subdivision A--General offences- 248P Scope of this Subdivision
- 248PA Unauthorised direct recording during protection period
- 248PB Unauthorised indirect recording during protection period
- 248PC Unauthorised communication to public during 20 - year protection period
- 248PD Playing unauthorised recording publicly during 20 - year protection period
- 248PE Possessing equipment to make or copy unauthorised recording
- 248PF Copying unauthorised recording
- 248PG Unauthorised copying of exempt recording
- 248PH Unauthorised copying of authorised sound recording
- 248PI Selling etc. unauthorised recording
- 248PJ Distributing unauthorised recording
- 248PK Commercial possession or import of unauthorised recording
- 248PL Exhibiting unauthorised recording in public by way of trade
- 248PM Importing unauthorised recording for exhibition by way of trade Subdivision B--Acts relating to sound recordings of performances given before 1 July 1995
- 248QA Scope of this Subdivision
- 248QB Possessing equipment for copying unauthorised sound recording
- 248QC Copying unauthorised sound recording
- 248QD Selling etc. unauthorised sound recording
- 248QE Distributing unauthorised sound recording
- 248QF Commercial possession or import of unauthorised sound recording
- 248QG Exhibiting unauthorised sound recording in public by way of trade
- 248QH Importing unauthorised sound recording for exhibition by way of trade Subdivision C--Prosecution and infringement notices
- 248R Courts in which offences may be prosecuted
- 248S Protection against multiple proceedings for same act
- 248SA Infringement notices Subdivision D--Destruction or delivery up of unauthorised recordings
- 248T Destruction or delivery up of unauthorised recordings
Division 4--Extension of protection to foreign countries
- 248U Application to foreign countries
- 248V Denial of protection to citizens of countries not giving adequate protection to Australian performances