WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT I 
Australia 
Addendum RESTRICTED 
IP/N/I/ AUS/I/ Add.l 
1 June 1995 
(95-1437) 
Original: English! 
anglais/ 
ingles 
This addendum reproduces the text ofthe Copyright Act 1968, reprinted as at 31 October 1992, which 
is part of Australia's notification of its copyright legislation in accordance with paragraph 2 of Article 63 of the 
Agreement on Trade-Related Aspects on Intellectual Property Rights, which was made by means of a 
communication from the Permanent Mission of Australia, dated 5 April 1995. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
NOTIFICATION DES LOIS ET REGLEMENT A TIONS 
AU TITRE DE L'ARTICLE 63.2 DE L'ACCORD1 
Australie 
Addendum 
Par une communication de la Mission permanente de I' Australie en date du 5 avril 1995, l' Australie 
a notifie sa legislation sur le droit d'auteur, conformement aux dispositions du paragraphe 2 de I'article 63 de 
l' Accord sur les aspects des droits de propriete intellectuelle qui touchent au commerce. Le present addendum 
reproduit le texte de la Copyright Act 1968 (Loi de 1968 sur le droit d'auteur), republiee a la date du 
31 octobre 1992. 
Consejo de Ios Aspectos de los Derechos de 
Propiedad InteIectual relacionados con el Comercio 
NOTIFICACION DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL pARRAFO 2 DEL ARTICULO 63 DEL ACUERD01 
Australia 
Addendum 
En el presente addendum se reproduce el texto de la Ley de Derecho de Autor, de 1968, reimpresion 
del 31 de octubre de 1992, comprendida en la notificacion que, por medio de una comunicaci6n de la f..4i§ion 
Permanente Australiana de fecha 5 de abril de 1995, ha hecho Australia de su legislacion en materia de derec:ho 
de autor de conformidad con el par-rafo 2 del articulo 63 del Acuerdo sobre 10s Aspectos de lo§ Derechos de 
Propiedad Intelectual relacionados con el Comercio. 
lEnglish only/Anglais seulement/En ingles solamente. IP/NIl/ AUS/l/ Add. 1 
Page 2 
COPYRIGHT ACT 1968 
~eD{fn!ec as a; :: 7 October 1992 REPRINT No. 6 lP/NIl! ADS/I/ Add. 1 
Page 3 
Section 
1. Short title ...I AUSTRALIA &­
:!.}-'.}"""''lI~/~LLt.i! .... ~ 
'7/"I7~'''' 
COPYRIGHT ACT 1968 
Reprmted as at 31 October 1992 
TABLE OF PROVISIONS 
PART I-PRELIMINARY 
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 
B. Copyngnt not to subsist except by virtue of this Act REPRINT No. 6 
BA. Prerogative rights of the Crown In the nature of cOPYrlgnt 
9. Operation of other laws 
PART II-INTERPRETATION 
10. Interpretation 
lOA. Declarations and notices relating to certain bodies an:J rnstltutlons 
11 . Residence tn· a country not affected by temporary aosence 
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 copYrlgnt 
1 7. Statutory employment 
lB. Libraries established or conducted for proftt 
19. References to Copyright Act, 1911 
20. Names under which worK is published 
21 . Reproduction of works 
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 emoooled 10 an article 
25. PrOVIsions relating to broadcastrng IP/NIl/ A US/l/ Add.! 
Page 4 
11 
Section 
26. 
27. 
28. 
29. 
30. Copyngnt Act 1968 
TABLE OF PROVISIONS-continued 
References to transmission to subscnbers to a diffusion service 
Performance 
Performance of worKS or otner subject-maner In the course of educational 
instruction 
Publication 
OwnerShip of copYright tor pantcular purposes 
PART Ill-COPYRIGHT IN ORIGINAL LITERARY. DRAMATIC, MUSICAL 
AND ARTISTIC WORKS 
DiVISion 1-Nature. Duration and Ownership of Copyrignt in Works 
31 . Nature of copYright In ongmal works 
32. Original works In wntCh copyright subSists 
33. Duration of copynght in onglnai works 
34. Duration of copYrlgnt in anonymous and pseudonymous works 
35. Ownersnlp of copYrlgnt In original works 
Division 2 -Infringement of Copyright in WorKs 
36. Infringement by dOing acts comprised in the copyright 
37. Infringement by imponation for sate 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. Infrlngrng copies made on machines instaUed in libraries and arChives 
Division 3-Acts not Constituting Infringements of COPYflght in WorJ<s 
40. Fair deating for purpose of research or study 
41. Fair dealing for purpose of cnticism or review 
42. Fair dealing for purpose of reporting news 
43. Reproduction tor purpose of judicial proceedings or profeSSional advice 
43A. Back-up copy of computer program 
44. Inclusion of works in collections for use by places of education 
44A. Importation etc. of books 
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 
47 A. Sound broadcasts by hotciers of print-handicapped radio licences 
48. 
4BA. 
49. 
SO. 
Sl. 
51AA. 
51A. 
52. 
53. Division 5-Copying of Works in Libraries 
Interpretation 
COPYing by Parliamentary libraries for members of Parliament 
Copying by libraries and archives for users 
COPYing by libraries or archives for other libraries or archives 
COPYing of unpubhshed works in libraries or arcniv8s 
COPYing of works in Australian Archives 
Copying of works for preservation and other purposes 
Publication of unpublishea works kept in libraries 
Application of Division to illustrations accompanying articies and other 
workS SectIon IP/N/lIAUS/lIAdd.l 
Page 5 
Cooyngnt Act 7968 
TABLE OF PROVISIONS -continued 
D,V,Sion 6-Recoramg of Musical WorKS 
54. lnteroretatlon 
55. CondItIons upon wnlch manufacturer may maKe recoras of mUSlcai worK 
57. ProvIsions relating to royalty wnere 2 or more worKS are on tne er,8 
recora 
59. CondItions uoon wnlcn manufacturer may Incluae pan of a illerarv 
dramatic worK In a record of a mUSIcal worK 
60. Records maae oartly tor retail sale ana partly for gratuitous dlsposai 
61. Making lnoUlrles In relation to prevIous records 
64. Sections 55 and 59 to De dlsregardea In determining whetner an 
Infnngement nas neen committed by the Importation at recordS 
DiVISion 7 -Acts not ConstitutIng Infrmgements of COPYflght In Art/sue 
Works 
65. Sculptures ana cenaln other worKS In pUOllC places 
66. Buildings and moaels of bUildings 
67. Incidental filming or televIsing oi artistic works 
68. Publication of artIstic workS 
69. ArtistiC works tranSmitted to subscr.lbers to a dlHuslon service 
70. Reproduction tor purpose ot including work In teleVISion broadcast 
72. Reproduction of part of won( In later worl< 
73. Reconstruction of buildmgs 
DiviSion 8-Designs 
74. Corresponding deSign 
75. COPYright protectIon where corresponding deSign registered 
76. False registration of industrial aeslgns 
77, Apphcation ot artistiC workS as Industrial destgns Without registration ;J1 
the deSigns 
DiviSion 9-Works of Jomt AuthorShIp 
78. References to ail of joant authors 
79. References to anyone or more of jOint authors 
80. References to wnachever of joant autnors died last 
81 . Works of jOint authorship puohshed under pseudonyms 
82. CoPynght to SUOSlst In joant works without regara to any author who IS an 
unqualified person 
83. InclUSion ot joant works in collections for use an places of education 
84. 
85. 
86. 
87. 
88. PART IV-COPYRIGHT IN SUBJECT-MAITER OTHER THAN WORKS 
Division 1-PrelimInary 
Interpretation 
Division 2-Nature of COPYflgnt in Sub,ect-Matter other than WorKS 
Nature of cOPYright in sound recordings 
Nature of copYright in cmematograpn films 
Nature of cOPYright an televIsion broadcasts ana sound nroadcasts 
Nature of cOPYright in pubhshed editions of works 
Division 3-Sub,ect-Matter. other than Works. In which COPYflgnt 
SubSists 
89. Sound recordings an which COPYright subsists 
90. Cinematograph films In wnicn cOPYright subSists 
91 . Television broadcasts and sound broadcasts an which copyright subsls~s 
92. Published.editJons of works In whIch copYright subsl$t~ IP!N!I! AUS!I! Add.l 
Page 6 
iv 
SectIon COPYflghtAct 1968 
TABLE OF PROVISIONS-contInued 
Division 4-Durallon of COPYflght in Sub/ect·Matter other than Works 
93. Duration of copynght in souna recordlOgs 
94. Duration of copynght in ClOematograpn films 
95. Duration ot copyrignt in television .broadcasts ana sound broaacasts 
96. Duration of cODyngnt in pubhsned editions of worKS 
Division 5 -Ownership of Copyright in Sub/ect-Matter other than Works 
97. OwnersnlP of copYright 10 sauna recordings 
98. OwnersnlP of copynght In clOematograpn films 
99. OwnerShip of copYrlgnt 10 teleVision broadcasts and sound broadcasts 
100. Ownership of copyngnt 10 puBlished editions. of worKS 
100A. 
10l. 
102. 
103. 
103A. 
1038. 
103C. 
104. 
104A. 
105. 
106. 
107. 
108. 
109. 
110. 
110A. 
1108. 
111. 
112. 
112A. Division 6 -Infrmgement of COP¥flght in SUb/Bct-Matter other than Works 
Interpretation 
Infringement by doing acts comprised in copyright 
Infringement by Importation for sale or hire 
Infringement by saje and other dealings 
Fair dealing for purpose of cntiClsm or review 
Fair dealing for purpose ot reporting news 
Fair dealing for purpose of researcn or study 
Acts done for purposes of judiciat proceeding 
Acts done by Parliamentary libranes for members of Parliament 
Copyright in certaIn recordings not infringed by causing recordings to be 
heard in public or broadcast 
Causing sound recording to be heard at guest house or club 
Making of a copy of the sound recording tor purpose of broadcasting 
Copynght in published record 109 not infringed by public performance if 
eQuitable remuneration paid 
Copynght in published sound recording not infringed by broadcast in 
certaIn CIrcumstances 
Provisions relating to cinematograph films 
Copying of unpublished souna recordings and cinematograph films in 
libraries or archives 
Copying .Qf sound recordings and cinematograph films for preservation 
and other· purposes 
Filming or recording broadcasts tor private and domestiC use 
Reproductions of editions of work 
Imponation and sale etc. of books 
Division 7-Miscellaneous 
113. Copyrights to subsist indepenaentiy 
PART V -REMEDIES FOR INFRINGEMENTS OF COPYRIGHT 
Division l-Preliminary 
114. Interpretation 
Division 2-Actions by Owner of Copyright 
115. Actions for infringement 
116. Rights of owner of copyright in respect 01 infringmg copies 
Division 3 -Proceedings where Copyright is sub;ect to Exclusive Licence 
117. Interpretation 
118. Application 
119. Rights of exclusive licensee 
120. Joinder of owner or exclUSive licensee as a party Section 
121. 
122. 
123. 
124. 
125. IPINIl! AUSI 1/ Add.l 
Page 7 
Copyright Act 1968 
T ABLE OF PROVISIONS -continued 
Defences available against excluSive licensee 
Assessment of damages where exclusive ilcence grantee 
Apponlonment at profits between owner and exclusive licensee 
Seoarate actions In reiatlon to the same Infnngement 
Liability for costs 
Division 4-Proof of facts in cIvIl actIons 
126. Presumptions as to subsistence and ownership at cooyngnt 
127. Presumptions In relation to authorsnlp at wOrK 
128. Presumptions In relation to publisher of work 
129. Presumptions wnere author has aled 
130. Evidence In relation to recordings 
131. Presumption In relation to maker of film 
131A. 
1318. 
131C. Division 4A-JuflsdlctlOn and Appeals 
Exercise of jurisdiction 
Appeals 
Junsdlctlon of Federal Court of Australia 
Division 5 -Offences and Summary Proceedmgs 
132. Offences 
133. Penalties 
133A. Advenlsement for supply of infringing copies of computer programs 
Division 6 -Miscellaneous 
134. Ltmltation ot actIons In respect of infringement of cooynght 
134A. Affidavit eVidence of subsistence and ownership of copynght 
135. Restriction of importation of printed copies of works 
135A. 
135B. 
135C. 
1350. 
135E. 
135F. 
135G. 
135H. 
135J. 
135K. 
135l. 
135M. 
135N. 
135P. 
135Q. 
135R. 
1355. PART VA-COPYING OF BROADCASTS BY EDUCATIONAL AND 
OTHER INSTITUTIONS 
Interpretation 
Copies of broadcasts 
Student of an institution Division 1 -Prellmmary 
Operation of collecting society rules 
Division 2 -Copying of broadcasts 
Copying at broaocasts by educational institutions etc. 
Preview copies 
Remuneration notices 
Records notices 
Sampling notices 
Marking and record keeping reqUirements 
Inspection of records etc. 
Revocation of remuneration notice 
Request tor payment of eqUitable remuneration 
Division 3 -The collecting society 
The cotlecting society 
Revocation of declaration 
Annual report ana accounts 
Amendment of rules v lP/NIl! AUS/V Add.! 
Page 8 
vi 
Section 
135T. 
135U. 
135V. 
135W. 
135X. 
135Y. 
135Z. 
135ZA. 
135Z8. 
135ZC. 
135Z0. 
135ZE. 
135ZF. 
135ZG. 
135ZH. 
135ZJ. 
135ZK. 
135ZL. 
135ZM. 
135ZN. 
135ZP. 
135ZQ. 
135ZA. 
135Z5. 
135ZT. 
135ZU. 
1 35ZY. 
135ZW. 
135ZX. 
135ZY. 
135ZZ. 
135ZZA. Copynght Act 1968 
TABLE OF PROVISIONS -continued 
DiVision 4 -Interim copymg 
Appointment of notice holder 
COPYing before declaration of collecting society 
Preview copies 
Notices by administering bodies 
Marking and record keeprng requirements 
EHect of declaration of collecting society 
DivISion 5 -Miscel'aneous 
Relevant copyright owner may authorise copying 
COPYright not to vest In copier 
PART VB-COPYING OF WORKS ETC. BY EDUCATIONAL AND OTHER 
INSTITUTIONS 
Division 1 -Preliminary 
Interpretation 
Eligible Items and photographic versions 
Student of an Institution 
Part does not apply to computer programs 
Operation of collecting society rules 
Division 2 -Copying of works by educational institutions 
Multiple cOPYing of insubstantial portions of works 
Copying of published editions by educational institutions 
MultIple copying of periodical articles by educational institutions 
Multiple copying of works published in anthOlogies 
Multiple copymg of works by educational inStitutions 
Apphcatlon of DiviSion to certain illustrations 
Division 3-Copying of works by institutions assIsting handicapped 
readers 
Copying of published editions by institutions assisting handicapped 
rea(lers 
Multiple copying of works by institutions assisting handicapped readers 
Making of relevant reproductions by institutions assIsting handicapped 
readers 
Division 4-Copying of works etc. by institutions aSsisting inte/lectuaJly 
handicapped persons 
Copying of published editions by institutions assisting intellectuaUy 
handicapped persons 
COPYing of eligible Items by institutions assisting inteUectuaUy 
handicapped persons 
Making of copies for use in making intellectually handicapped person's 
copies 
Division 5-Equitable remuneration 
Remuneration notices 
Records notices 
Sampling notices 
Marking and record keeping requirements 
Inspection of records etc. 
Revocation of remuneration notice 
ReQuest for payment of equitable remuneration SectIOn 
135ZZ8. 
135ZZC. 
135ZZ0. 
135ZZE. 
135ZZF. 
135ZZG. 
135ZZH. IP/N/l/AUS/l/Add.l 
Page 9 
Copyright Act 1968 
TABLE OF PROVISIONS -contlnuea 
DiVIsIOn 6-ColJectIng soc/eues 
Collecting socIetIes 
Revocation of declaratIon 
Annual reoon and accounts 
Amendment of rules 
DivISIOn 7-Miscellaneous 
Rights of copynght owners 
Copyrtght not to vest in copier 
Unautnonsed use of copies 
PAftT VG USE OF BLANK I APES FOR PRIVA I c Ar~O DOMES"HC 
COPYING 
DivIsion 7 -Preltmmary ',ill 
135ZZJ. 
135ZZK. 
135ZZL. Interpretation 
Private and domestic use ----
135ZZM. 
135ZZN. 
135ZZP. 
135ZZa. 
135ZZR. 
135ZZS. 
135ZZT. 
135ZZU. 
135ZZV. 
135ZZW. 
135ZZX. 
135ZZY. 
135ZZZ. 
135ZZZA. 
135Z7Z6. Operation of collecting society rules ----­Division 2-Copying ~h blanJ< taDes 
COPYing with blank tapes 
Division·3-Blanl< tape royalty 
Blank tape royalty 
Royalty payable by vendor 
Recovery ot amountS of ray ally 
Royalty not payaole in cenaln cases 
Payment of .amounts by cOilectlng society to preSCribed organisations 
etc. 
Exempt oodles and exemption number 
Division 4-The collecting sOCJety 
The collecting society 
RevocatIon of declaration 
Annual report and accounts 
Amendment of rules 
Inspection of records etc. 
Division 5 -Miscellaneous 
Copyright owners may authorise copYing 
Copyngnt not to vest in cOPier 
Eligible i0l61g'i countll89 
PART VI-THE COPYRIGHT TRIBUNAL 
Division 1-Preliminary 
136. Interpretation 
137. Cases to wnlch licence scnemes apply 
Division 2 -Constitution of the T rtbunai 
138. Constitution of T ri bunal 
139. Appointment of members of Tribunal 
140. Qualifications ot members 
141 . Tenure of office 
142. Acting PreSident 
143. Remuneration and allowances IP/NIl/ AUS/V Add. 1 
Page 10 
viii 
Section 
144. 
144A. 
1448. 
145. 
146. 
147. 
149. 
149A. 
150. 
151. 
152. 
152A 
1528. 
153. 
153A 
1538. 
153C. 
1530. 
153E. 
154. 
155. 
156. 
157. 
158. 
159. 
160. 
161. 
162. 
163. 
163A 
164. 
165. 
166. 
167. 
168. 
169. COlJynght Act 1968 
TABLE OF PROVISIONS -continued 
Oath or aHlrmatlon at oHice 
Disclosure aT Interests Qy memoers 
Removal tram orf,ce Tor failure to dlsciose Interest 
ReSignation 
Sittlngs at the Tribunal 
Presloent to arrange QUSlness at Tribunai 
DivIsion 3 -Inoumes by, and Applications and References to. the Tribunal 
Applications to Tribunal for determination at remuneration payable for 
maKing recording or film of a work 
Applications to Tribunal unoer section 47A 
Applications to Tribunal for determination of remuneration payable to 
owner at cooyngnt In recording tor making of a copy of the sound 
recoralng 
Applications to Tribunaj tor determination of remuneration payable to 
owner at copynght In recording in respect of public playing of the 
recoralng 
ApPlicatIons to Tribunal for determination at amounts payable tor 
broaacastlng published sound recordings 
Applications to Tribunal for determination of amount of royalty payable for 
recording mUSical works 
Appilcatlons to Tribunal tor determination of manner of paYing royalty 
Applications to Tribunal tor apportionment of royalty in respect of a 
record 
Applications to Tribunal under section 135H or subsection 135J (1) 
Applications to Tribunal under subsection 135J (3) 
Applications to T ri bunal under section 135ZV or subsection 135ZW (1) 
Applications to Tribunal under subsection 135ZW (3) 
DeterminatIon at amount of blank tape royalty by Tribunal 
Reference at proposed licence schemes to T ribunaj 
Reterence of ex,stmg licence schemes to Tribunal 
Further reference of licence schemes to Tribunal 
Application to Tribunal in relation to licences 
Effect of licence scheme being continued in operation pending order of 
the Tribunal 
Effect at order at Tribunal in relation to licences 
Interim orders 
Reference of questIons of law to Federal Court of Australia 
Agreements or awards not affected 
Division 4-Procedure and Evidence 
Proceeoings to be in public except in special circumstances 
ApplicatIon may be made to Tribunal by the agent of the copyright owner 
Proceaure 
MistaKes or errors in orders of the Tribunal 
Regulations as to procedure 
Power to take eVidence on oath 
Evidence In form of written statement 
Representation Section IP/N/l/AUS/lIAdd.1 
Page 11 
Copyngnt Act 7968 
TABLE OF PROVISIONS -conunued 
DivISion 5 -Miscellaneous iX 
170. Secretary and other staff 
171. ProtectIon of members. barristers and witnesses 
, 72. DisoDedlenCe to summons etc. 
173. Contemot of Tribunal etc. 
174. Costs at proceedings 
175. Proof of oroers of Tribunal 
176. 
In. 
178. 
179. 
180. 
181. 
182. 
182A. 
183. PART VII-THE CROWN 
Crown COPYright 10 original works made under direction of Crown 
Crown copyngnt In anginal works first published In Australia under 
Olfectlon at Crown 
Crown cOOYrlght In recordings ana films made under direction of Crown 
ProvIsionS relating to ownership of copynght may be modified by 
agreement 
Duration of Crown cOPYright in onglOal worKS 
Duration of Crown copyright in recorolngs ana films 
Application of Parts III and IV to copynght subsisting by vIrtue of thiS Part 
Copyrrght in statutory instruments and judgments etc. 
Use of copynght matenal for the services of the Crown 
PART VIII-EXTENSION OR RESTRICTION OF OPERATION OF ACT 
184. Application of Act to countries other than Australia 
185. Denial of copyngnt to citizens of countries not giving adequate protection 
to Australian works 
186. Application of Act to international organizations 
187. Onglnal works made or first published by international organizations 
188. SubJect·matter. other than anginal worKS. made or first published by 
international organIzations 
189. 
190. 
191. 
192. 
193. 
194. 
195. 
195AA. 
195A. 
1958. 
196. 
197. 
198. 
199. 
200. 
200AA. 
201. 
202. 
203. PART IX-FALSE ATTRIBUTION OF AUTHORSHIP 
Interpretation 
Duty not to attribute falsely the authorsnip of a work 
Duty not to annbute falsely the authorshiP of altered work 
Duty not to attribute falsely the authorshlo of reproduction of artistIc work 
Breach of duty not committed if act done outside Australia or done With 
permiSSIon 
Action tor breach of duty 
Saving of other rights and remedies 
JUrisdiction of Federal Court of Australia 
PART X-MISCELLANEOUS 
Interpretation 
ReView of certain decisions 
ASSignments and licences In respect of copyright 
Prospective ownersnip of copyright 
COPYright to pass under will with unpuohshed work 
ReceptIon of broadcasts 
Use at works and broadcasts tor educational purposes 
Use of broadcasts by institutions assIsting Intellectually handlcappea 
persons 
Delivery of library material to the National Library 
Groundless threats of legal proceedings 
Limitation on power of courts to grant relief in proceedings under thiS Act IP/N/l/ AUS/lIAdd.l 
Page 12 
x CODyright Act 1968 
TABLE OF PROVISIONS -continued 
Section 
203A. Retention of declarations In relation to copies made by jibrarles. archives 
or institutions 
2030. 
203E. Arrangement of declarations and records 
Insoectlon of recoras and declarations retamed by libraries, archives or 
institutions 
203F. Additional oHences In relation to the making and retention of records and 
declarations 
203H. Notation at certam copies etc. 
PART XI-TRANSITIONAL 
Division 1-Preliminary 
204. Interpretation 
205. References to making of works, recordings ana films 
206. References In other laws or Instruments to copYright 
207. Appiication 
208. Authorship of photographs 
209. Pubtication 
Division 2 -Original WorKS 
210. Expired copyright not to revive 
211. Original works in which copyright subsists 
212. Duration of copyright In photographs 
213. Ownership of copyright 
214. Infringement by importation, sale and other dealings 
215. Recording of musical worKS 
216. Publication of artistic works 
217. Reconstruct,on of buildings 
218. Industrral 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 ana photographs compr:sed 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 applicatJons to Tribunal in relation to licence schemes 
233. Duration of Crown copyright in photographs 
234. Duration of Crown copyright in recordings 
235. Crown copyright in films 
236. Works made or published by international organizations 
237. Subject-matter. other than OfiginaJ WOrkS. made or published by 
international organazations Section 
238. 
239. 
240. 
241. 
242. IP/N/lIAUS/I/Add.l 
Page 13 
Copynght Act 1968 
TABLE OF PROVISIONS -connnuea 
False artnbutlOn of authorship at worK 
Assignments and licences 
Beauests 
Delivery of library material to National Library 
Grounaless threats of legal proceealngs 
DivIsion 5 -Work.s Made Detare 1 July. 1 9 12 
243. lnteroretatlon 
244. ApplicatIon 
245. Rights conferred Cy Copyngnt Act. 1911 
246. Penormtng rights 
247. ContrrElUllOnS to penodlcais 
248. Assignments and licences 
248A. 
2488. 
248C. 
2480. 
248E. 
248F. 
248G. 
248H. 
24BJ. 
248K. 
248L. 
248M. 
248N. 
248P. 
248Q. 
248R. 
2485. 
248T. 
248U. 
248V. PART XIA-PERFORMERS' PROTECTION 
I nterE)retation 
Educational purposes DivISion 1 -Prellmmary 
Exempt recordings cease to be exemm recordmgs In certain 
Clrcumstanees 
Pr.ivate and domestic use 
References to transmiSSion to subscribers to a mHuslon service 
Appilcatlon 
Division 2 -Actions by performers 
What constitutes unauthorlsea use 
Copymg sound recor.dmgs for br.oaacastlng 
Actions tor unauthorised use 
ExerCise of JUriSdiction 
AppealS 
JunSQlctlon of Federal Court 
Right to bring an action not aSSignable 
Division 3-Offen.ces 
Offences Involving unauthonsea recording. broadcasting etc. of 
performances 
Other oHenees in relation to performances 
PenaltIes 
Prosecutions tor offences 
Destruction or delivery up of unauthorised recordings 
Division 4-Extenslon of profectlon to foreign countfles 
Application to foreign countnes 
Dental of protection to citizens of countries not giving adequate protection 
to Australian pertormances 
PART XII-REGULATIONS 
249. RegUlations 
THE SCHEDULE 
OATH AND AFFIRMATION IP/N/l! AUS/V Add. 1 
Page 14 
CO·PYRIGHT ACT 1968 
An Act relating to copyright and the protection of certain 
performances, and for other purposes 
PART I-PRELI~IINARY 
Short title 
1. This Act may be cited as the CopyrighL ACL 1968} 
Commencement 
2. This Act shall come into operation on a date to be fixed by 
Proclamation. I 
Extension to external Territories 
4. This Act extends to every external Territory. 
Exclusion of Imperial Copyright Act, 1911 
5. (1) This Act operates to the exclusion of the Copyright Act, 
1911. 
(2) , For the purposes of section 8 of the Acts Interpretation Act 
1901-/966, the Copyright Act, 1911 shall be deemed to be an Act 
passed by the Parliament of the Commonwealth and to be repealed by 
this Act, and the enactment of Part XI shall not be taken to affect the 
operation of section 8 of the Acts Interpretation Act 1901· 1966 as it 
operates by virtue of this subsection in relation to matters to which 
that Part does not apply. CopynghtAct 1968 
s.6 
RepeaJ of Copyright Acts 
6. The following Acts are repeaJed: 
Copyright Act 1912~ 
Copyright Act 1933; 
Copyright Act 1935: 
Copyright Act 1963. 
Act to bind the Crown IP/N/lIAUS/lIAdd.l 
Page 15 
7. Suhject to Part VII. this Act hinds the Crown but nothing in this 
Act renders the Crown liable to be prosecuted for an offence. 
Copyright not to subsist except by virtue of this Act 
S. Subject to section BA. copyright does not subsist otherwise than 
by virtue of this Act. 
Prerogative rights of the Crown in the nature of copyright 
SA. (I) Subject to subsection (2). this Act does not affect anv 
prerogative right or privilege of the Crown. 
(2) Where a right or privilege of the Crown by way of copyright 
subsists in a work or published edition of a work, a person does not 
infringe that right or privilege by doing. or authorizing the doing of, an 
act in relation to the work or edition without the licence of the Crown 
if, assuming that that right or privilege of the Crown did not subsist in 
the work or edition, but copyright subsisEed under this Act in the work 
or edition and was owned by a person other than the Crown. he would 
not infringe the copyright of that owner in the work or edition by 
doing, or hy authorizing the doing of, that act without the licence of 
the owner. 
(3) Nothing in subsection (2) shall be taken to limit the duration 
of the right or privilege of the Crown by way of copyright in a work or 
published edition of a work. 
Operation of other laws 
9. (1) This Act does not affect the right of. or of a person deriving 
title directly or indirectly from, the Commonwealth or a State to sell, 
use or otherwise deal with articles that have been, or are. forfeited 
under a law of the Commonwealth or of the State. 
(3) This Act does not affect the operation of the Jaw reJating to 
breaches of trust or confidence. IP/N/1/AUSIlIAdd.l 
Page 16 
Copyright Act 1968 
PARTII-INTERPRETATION .., ... 
~. 10 
Interpretation 
10.2 (1) In this Act. unless the contrary intention appears: 
"adaptation" means: 
(a) in relation to a literary work in a non-dramatic form a version 
of the work (whether in its original language or in a different 
language) in a dramatic form: 
(b) in relation to a literary work in a dramatic form a version of 
the work (whether in its original language or in a different 
language) in a non-dramatic form: 
(ba) in relation to a literary work being a computer program -a 
version of the work (whether or not in the language, code or 
notation in which the work was originally expressed) not being 
a reprod uction of the work; 
(c) in relation to a literary work (whether in a non-dramatic form 
or in a dramatic form): 
(i) a translation of the work: or 
(ii) a version of the work in which a storv or action is 
conveyed solely or principally by means of pictures: 
and 
(d) in relation to a musical work-an arrangement or transcription 
of the work; 
"archives" means: 
(a) archival material in the custody of: 
(i) the Australian Archives; 
(ii) the Archives Office of New South Wales established 
by the Archives Act 1960 of the State of New South 
Wales; 
(iii) the Public Record Office established by the Public 
Records Act 1973 of the State of Victoria; or 
(iv) the Archives Office of Tasmania established by the 
Archives Act 1965 of the State of Tasmania; or 
(b) a collection of documents or other material to which this 
paragraph applies by virtue of subsection (4); 
"artistic work" means: 
(a) a painting, sculpture, drawing, engraving or photograph, 
whether the work is of artistic quality or not; 
(b) a building or a model of a building, whether the building or 
model is of artistic quality or not; or COOYflght Act 7968 
~. 10 IP/N/lIAUS/l/Add.l 
Page 17 
( c) ; I wo I ~ 0 f J fll S tI C era f ts m a 11 S hip tow h I C h n e It her 0 f l he LIS l 
two preceding paragraphs appilcs: 
hut tiDes not include a circuit lavout within rhe meaning of the Circllll 
L{/.VOlllS Act 1989; 
"Australia" inciuJes the external Territories: 
U Australian protected person H means a person who. hy vi rtue of 
regulations in force unuer the NallonaiilY and Cilizenship ACl 
1948-1967, is. for the rurposes of that Act, under the protection of the 
Australian Government: 
"author" , in relation to a rhotograph, means the person who (ook the 
photogra ph; 
"authorized officer" , in relation to a library or archives. means the 
officer in charge of that library or archives or a person authorized by 
that officer to act on his behalf: 
"broadcast" means transmit hy wir.eless telegraphy to the public; 
"building" includes ,I structure of any kind: 
"calendar year" means a reriod of 12 months commencing on 
I January; 
"cinematograph film" means the aggregate of the visuOJi images em­
bodied in an article or thing so as to he capable by the use of that 
article or thing: 
(a) of being shown as a moving picture; or 
(h) of being embodied in another article or thing by the use of 
which it can be so shown; 
ano includes the aggregate of the sounds embodied in a sound-track 
associated with such visual images; 
"computer program" means an expression, in any language~ code or 
notation, of a set of instructions (whether with or without related 
information) intended. either directly or after either or both of the 
folJowing: 
(a) conversion to another language, code or notation: 
(h) reproduction in a different material form; 
to cause a oevice having digital information processing capabilities to 
perform a particular function; 
"construction" includes erection, and "reconstruction" has a cor­
responding meaning; 
"copy" , in relation to a cinematograph film, means any article or 
thing in which the visual images or sounds comprising the film are 
embodied: 
"dramatic work" includes: 
(a) a choreographic show or other dumb show; and 
(b) a scenario or script for a cinematograph film; IP/N/I/AUS/I/Add.l 
Page 18 
CODyngntAcl7968 5 
s. 10 
but does not include a cinematograpn film as distinct from the. sce­
nario or scri pt for a cinematograph film: 
"drawing" includes a diagram, map. chart or plan~ 
.4educational institution" means: 
(a) <1 school or sim i1ar i nstitu Clon at which full-time pri man 
education or full-time secondary education is provided or hoth 
full-lime primary education 3nd fu]]-ume secondarv education 
are provided: 
(b) a university, a college of advanced education or a technical 
and further education institution: 
(c) an institution that conducts courses of primary, secondary or 
tertiarv education by correspondence or on an external study 
baSIS: 
(d) a school of nursing in relation to which a notice published 
under subsection lOA (4) is in force~ 
(e) an undertaking within a hospital, being an undertaking: 
(i) that conducts courses of study or training in the 
provision of medical services, or in (he provision of 
services incidental to the provision of medical ser­
vices~ and 
(ii) in relation to which a notice published under sub­
section lOA (4) is in force~ 
(f) a teacher education centre in relation to which a notice 
published under subsection lOA (4) is in force~ 
(g) an institution that has. as its principal function, the prOVISion 
of courses of study or training for the purpose of: 
(i) generai education; 
(ii) the preparation of persons for a particular occupation 
or profession; or 
(iii) the continuing education of persons engaged in a 
particular occupation or profession; 
and in relation to which a declaration under paragraph lOA 
(1) (b) is in force; 
(h) an undertaking within a body administering an educational 
institutIon of a kind referred to in a preceding paragraph of 
this definition, being an undertaking: 
0) that has as its principal function, or as one of its 
principal functions. the provision of teacher training 
for persons engaged as instructors in educational in­
stitutions of such a kind, or of 2 or more such kinds~ 
and 
(ii) in relation to which a declaration under paragraph 
lOA (1) (b) is in force; or 6 Copynght Act 1968 IP/N/1/AUS/lIAdd.l 
Page 19 
s. 10 
U) an institution, or an undertaking within a body administering 
an educational institution of a kind referred to in a preceding 
paragraph of this definition, being an institution or undertak­
ing: 
(i) that has as its principaJ function, or as one of its 
principal functions, the furnishing of material to edu­
cational institutions of a kind referred to in a preced­
ing paragraph of this definition, or to educationaj 
institutions of 2 or more such kinds, for the purpose 
of assisting those institutions in their teaching pur­
poses; and 
(ii) in relation to which a declaration under paragraph 
lOA (1) (b) is in force; 
but does not include an institution that is conducted for the 
profit, direct or indirect, of an individual or individuals; 
"engraving" includes an etching, lithograph, product of photogravure, 
woodcut, print or similar work, not being a photograph; 
"exclusive licence" means a licence in writing, signed by or on behalf 
of the owner or prospective owner of copyright, authorizing the li­
censee, to the excl usion of all other persons, to do an act that, by 
virtue of this Act, the owner of the copyright would, but for the 
licence, have the exclusive right to do, and "exclusive licensee" has a 
corresponding meaning; 
"future copyright" means copyright to come into existence at a future 
time or upon the happening of a future event; 
"handicapped reader" means: 
(a) a blind person; 
(b) a person suffering severe impairment of his sight; 
(c) a person unable to hold or manipulate books or to focus or 
move his eyes; or 
(d) a person suffering from a perceptual handicap; 
"infringing copy" means: 
(a) in relation to a work -a reproduction of the work, or of an 
adaptation of the work, not being a copy of a cinematograph 
film of the work or adaptation; 
(b) in relation to a sound recording-a copy of the sound record­
ing not being a sound-track associated with visual images 
forming part of a cinematograph film; 
(c) in relation to a cinematograph film-a copy of the film; 
(d) in relation to a television broadcast or a sound broadcast-a 
copy of a cinematograph film of the broadcast or a record 
embodying a sound recording of the broadcast; and IP/N/1/AUS/1/Add.l 
Page 20 
Cop¥nght Act 1968 
s. 10 
ie) In relation to a published edItion of a work-a reproduction ,,) 
the edition: 
being an artide the making of 'Which constituted an infringement 0 
the copyright in the work, recording. film, broadcast or edition or. :r 
the case of an artide imported without the licence of the owner of tht 
copyright. would have constituted .::tn infringement of that copyright I, 
the article had been made in Austri1lia t:1y the importer. but does nOl 
inciude a non-infringing book whose importation does not constitute 
an infringement of th-at copyright under section 44A or 112:\: 
hinstitution" j nd uJes an ed ucatlonai i nsti tu tion: 
"institution assisting handicapped readers" means: 
(a) an educational institution: or 
(b) any other institution, not being an institution conoucled ttJr 
the profit, direct or indirect. of an individual or individuals. 
that has as its pri nci pa I fu nction, or one of its pri nCI pal 
functions, the provision of literary or dramatic works to handi­
capped readers and in relation to which a dedaration unaer 
paragraph lOA (1) (c) is in force; 
"institution assisting intellectually handicapped persons" means: 
(a) an educational institution: or 
(b) any other institution, not being an institution conducted for 
the profit, direct or indirect. of an individual or individuais. 
that has as its principal function, or one of its principal 
functions. the provision of assistance to intellectually handi­
capped persons and in relation to which a dedaration unaer 
paragraph lOA (1) (d) is in force; 
"international organization to which this Act applies" means an or­
ganization that is declared by regulations made for the purposes of 
section 186 to be an international organization to which this Act 
applies, and includes: 
(a) an organ of, or office within, an organization that is so de­
clared; and 
(b) a commission, council or other body established by such an 
organization or organ; 
"judicial proceeding" means a proceeding before a court, tribunal or 
person having by law power to hear, receive and examine evidence on 
oath; 
"law of the Commonwealth" includes a law of a Territory; 
"literary work" i ncl udes: 
(a) a table, or compilation, expressed in words. figures or symbols 
(whether or not in a visible form); and 
(b) a computer program or compilation of computer programs: 8 IPINI 11 AUS/II Add.! 
Page 21 
CopyngntAct 1968 
s. LO 
·'manuscript" . In reiatIon to 3 work. means an original document 
emoodving the work. whether written by hJnd or not; 
"'material form" , in relation to a work or an adaptation of a wori<. 
inciudes anv form (whether visible or not) of storage from which the 
work or adaptation. or a substantial part of the work or adaptation. 
can he reproduced: 
"non-infringing book" means a book made (otherwise than under a 
compulsory licence) in a country specified in regulations made for the 
purposes of subsection i 84 (1), being a book whose making did not 
constitute an infringement of anv copyright subsisting in a work. or in 
a published edition of a work, under a law of that country; 
"officer in charge" means: 
(a) in relation to archives-the archivist or other person having, 
for the time being, immediate care and control of the coilec­
tion comprising the archives: and 
(c) in relation to a library-the librarian or other person having, 
for the time being, immediate care and control of the coJlec­
tion comprising the library; 
"photograph" means a product of photography or of a process similar 
to photography, other than an article or thing in which visual images 
forming part of a cinematograph film have been embodied. and in­
cl udes a prod uct of xerography, and 4'photographic" has a correspond­
ing meaning; 
"plate" includes a stereotype, stone. block, mould. matrix, transfeL 
negative or other similar appliance; 
"prospective owner" means: 
(a) in relation to a future copyright that is not the subject of an 
agreement of a kind referred to in subsection 197 (1) -the 
person who will be the owner of the copyright on its coming 
into existence: or 
(b) in relation to a future copyright that is the subject of such an 
agreement-the person in whom, by virtue of that subsection, 
the copyright will vest on its coming into existence: 
"record" means a disc, tape, paper or other device in which sounds 
are embodied; 
"sculpture" includes a cast or model made for purposes of sculpture; 
"sound broadcast" means sounds broadcast otherwise tham as pan of a 
television broadcast: 
"sound recording" means the aggregate of the sounds embodied n£'1 a 
record; IP/N/lIAUS/I/Add.l 
Page 22 
CODvogl7r Act 1 :;68 
··sound-tract.·· , In reiJtlon [0 '.ISU.J: images rormlng ran 1.)( J L:ne­
matograon ;iim. means: 
(a) the nart of any artlcie or tnlng. beIng an article or :hlng in 
~nlcn those visUJI Images .lre emboLiled. In which sounus dre 
embodied: or 
(b) J uisc. t3re or other device in whIch sounds are emboGlea dno 
~ n le n I s m a de J \' J i i J b i e b v the m a K er 0 f the fi I m for use I n 
conlunctlon with (he artIcle or thIng in which those \'Isuai 
im;]ges are embodiell: 
"sufficient acknowied~emenl" . in relation to a work. means ;] n <1C­
knov.-iedgement identlfvlng the work bv its title or other descnption 
and. unless the work is anonymous or pseudonymous or the author has 
;Jreviousiy agreed or directed that an acknowledgement of his name is 
not to be made. also identIfying the author: 
·'television broadcast" means visual images broadcast by way of televi­
sion. together with any sounds broadcast for reception along with those 
Images: 
··the Australian Broadcasting Commission" means the Australian 
Broadcasting Corn mission that was estahiished under the Broaacasling 
and TeleviSIon Act 1942; 
"the Australian Broadcasting Corporation" means the Australian 
Broadcasting Corporation established under the Auslraiian Broadcasl­
;"ng Corporation Act 1983; 
"the Commonwealth" includes the Administration of a Territory; 
"the Copyright Act. 1911" means the Imperial Act known as the 
Copyright Act. 1911; 
hthe Copyright Tribunal" or "the Tribunal" means the Copyright 
Tribunal established by Part VI. and includes a member of that 
Tribunal exercising powers of that Tribunal; 
'''the Crown" includes the Crown in right of a State. the Crown in right 
of the Northern Territory and the Crown in right of Norfolk Island 
and also inCludes the Administration of a Terntory other than the 
'Jorthern Territory or Norfolk Island; 
"the National Librarian" has the same meaning as in the Nalionai 
Library Act 1960-1967; 
"the National Library" means the Nationai Library established under 
the Nalionai Library Act 1960-1967: 
"the Special Broadcasting Service" means the Special Broadcasting 
Service that was referred to in section 5 of the Special Broadcasling 
Service Act 199/: 
"'the Special Broadcasting Service Corporation" means the body cor­
porate preserved and continued in existence as the Special Broa'dcast­
lng Service Corporation under section 5 of the SpecIai Broaacasling 
Service Act ! 991; 10 Copynght Act 7968 lP/NI 11 AUS/l/ Add.l 
Page 23 
s. 10 
"will" induoes a codicil; 
"'wireless telegraphy" means the emitting or receiving, otherwise (han 
over a patn that IS provided by a material substance. of electromag­
netic energy; 
"wireless telegraphy apparatus" means an appliance or apparatus for 
the purpose of transmitting or receiving sounds or visual images by 
means of wireiess telegraphy: 
"work" means a literary, dramatic. musical or artistic work; 
·'work of joint authorship" means a work that has been produced by 
the collaboration of two or more authors and in which the contribu­
tion of each author is not separate from the contribution of the other 
author or the contributions of the other authors; 
"writing" means a mode of representing or reproducing words. figures 
or symbols in a visible form. and "written" has a corresponding 
meaning. 
(lA) Without limiting the meaning of the expression "educational 
purposes" in this Act. a copy of the whole or a part of a work or other 
subject-matter shall be taken, for the purposes of the provision in 
which the expression appears. to have been made, used or retained. as 
the case may be, for the educational purposes of an educational 
institution if: 
(a) it is made or retained for use, or is used, in connection with a 
particular course of instruction provided by the institution; or 
(b) it is made or retained for inclusion, or is included. in the 
collection of a library of the institution. 
(2) Without limiting the meaning of the expression "reasonable 
portion" in this Act, where a literary, dramatic or musical work is 
contained in a published edition of that work, being an edition of not 
less than 10 pages. a copy of part of that work, as it appears in that 
edition, shaH be taken to contain only a reasonable portion of that 
work if the pages that are copied in the edition: 
(a) do not exceed, in the aggregate, 10% of the number of pages 
in that edition; or 
(b) in a case where the work is divided into chapters exceed, in 
the aggregate, 10% of the number of pages in that edition but 
contain only the whole or part of a single chapter of the work. 
(3) I n this Act, un less the contrary intention appears: 
(a) a reference to the body administenng an institution shall be 
read as: 
(i) in a case where the institution is a body corporate-a 
reference to the institution; or IP/N/1/AUS/l/Add.l 
Page 24 
CopynghtAcl7968 
!). 1 U 
(it) In an\' other case-a reference to the boJ~ or nersori 
(includIng the Crown) having ultimate responsloIllt\ 
for the admInistration of the Institution: 
(b) a reference to the body administering a library or archl\e::: 
shail be read as a reference to the body (whether incorpora(eG 
or not). or the person (including the Crown), having ultimate 
resronsibilitv for the administration of the library or arcnl\es: 
(C) a reference [0 3 copy of 3 sound recording shall be re~d JS ,l 
reference to a record emhodving a sound recording or ~ 
substantial part of a sound recording being a record Jefl\eJ 
directly or indirectly from a record produced upon the mai-.mg 
of a sound recording~ 
(e) a reference to the Crown in right of a State shall be reaJ J:) 
including a reference to the Crown in right of the .'\orttlern 
Territory and the Crown in right of Norfolk Island: 
(f) a reference to the custodian in charge of the copying recorc~ 
of an educational institution. an institution assisting handl­
capped readers or an institution assisting intellectually handi­
capped persons shall be read as a reference to the person 
having responsibility for the day-to-day administration of the 
institution: 
(g) a reference to the making, by reprographic reproduction. of J 
copy of a document. or of the whole or a part of a work. shall 
be read as a reference to the making of a facsimile copy of the 
document or the whole or that part of the work. being j 
facsimiie copy of any size or form: 
(h) a reference to a handicapped reader's copy of a work. or of J 
part of a work, shall be read as a reference to: 
(i) a record embodying a sound recording of the work. 
or of the part of the work, being a record that was 
made by, or on behalf of, the bodv administering an 
institution assisting handicapped readers for use by a 
handicapped reader for the purpose of research or 
study that he is undertaking or proposes to undertake 
or for the purpose of instructing himself on any 
matter: or 
(ii) a Braille version, large-print version or photographic 
version of the work, or of the part of the work, being 
a Braille version, large-print version or photographic 
version, as the case may be, made bv, or on behalf of. 
the body administering'the institution assisting handi­
capped readers for use by a handicapped reader for 
the pu rpose of research or study that he is undenak­
ing or proposes to undertake or for the purpose of 
instructing himself on any matter: 12 
s. 10 IPINIl! AUS/lI Add.l 
Page 25 
COPVrlght Act 1968 
(ha, 3 reference to an IntellectuaJlv hanolcapped person's copy, In 
reiatJon to the whole or a part of an eligible item within the 
meanIng of Part VB, shall be read as a reference to a copy, 
withIn the meaning of that Part. of an eligible item, or of a 
part of an eiigible item, as the case may be. made by, or on 
behalf oi. the body administering an Institution assisting In­
teilectuaily handicapped persons, beiflg a copy that is made for 
the sole purpose of use in the provision, whether by the 
Institution or otherwise, of assistance to an intellectually 
handicapped person or persons: 
U) a reference to a microform copy of the 'Whole or a part of a 
work shail be read as a r.eference to a copy of the whole or a 
part of the work produced by miniaturizing the graphic svm­
bols of which the work is composed~ 
(k) a reference to a periodical publication shall be read as a 
reference to an issue of a periodical publication and a refer­
ence to articles contained in the same periodical publication 
shall be read as a reference to articles contained in the same 
issue of that periodical publication; 
(I) a reference to a record embodying a sound recording shall be 
read as a reference to: 
(i) a record produced upon the making of a sound 
recording; or 
(ii) another record embodying the sound recording di­
rectly or indirectly derived from a record so pro­
duced; 
(m) a reference to a relevant record. or. a relevant declaration. in 
relation to the making, in reliance on a particular section 
father than section 49): 
(i) of a copy, or a handicapped reader's copy, of the 
whole or a part of a work; or 
(ia) of an intellectually handicapped person's copy of the 
whole or a part of an eligible !tem: or 
(ii) of a copy of a sound recording or a cinematograph 
film; 
shall be read as a reference to any record or decl~nHion of a 
kind referred to in that section that is required by this Act to 
be made in relation to the making of that copy; 
(ma) a reference (0 a relevant declaration, in relation to the makjn;~, 
in reliance on section 49, of a copy of the whole or a part of a 
work, shall be read as a reference to: IP/N/l/AUS/1/Add.l 
Page 26 
CODVnghtAct 7968 13 
~. iOA 
(J) 10 a case 'Where the copy is made in reiiance on 
subsection 44 (2)-d declaration of the kind referred 
to In subsection 49 ( 1) that IS furnished in relation to 
the making uf the copy; 
(i i) in a case 'W here the copy is made in reliance on 
subsection ..+9 (2C) -a declaration of the kind re­
ferred to J n paragraph 49 (2C) (h) that is made In 
relation to the making of the copy; or 
\ iii) in any case-J deciaration of the kind referred to in 
subsection 4() (5) that is made in relation to the 
making of the copy: and 
(n) Cl reference to a State shail be read as including a reference to 
the Northern Territorv and Norfolk Island and a reference to 
a Territory shall be read as not including a reference [0 the 
~orthern Territorv or Norfolk Island. 
(4) Where: 
(a) a collection of documents or other material of historical sig­
nificance or public interest that is in the custody of a body, 
whether incorporated or unincorporated, is being maintained 
by the bodv for the purpose of conserving and preserving 
those documents or other material: and 
(b) the body does not maintain and operate the collection for the 
purpose of deriving a profit~ 
paragraph (b) of the definition of "archives" in subsection (1) applies 
to that coilection. 
Declarations and notices relating to certain bodies and institutions 
lOA. (1) The Attorney-General may, by notice in writing pub­
lished in the Gazette: 
(b) declare an institution to be an educational institution for the 
purposes ot this Act: 
(c) declare an institution to be, for the purposes of this Act, an 
institution assisting handicapped readers~ or 
(d) decbre an institution to be, for the purposes of this Act, an 
institution assisting intellectually handicapped persons. 
(2) The Attorney-General may, by notice in writing published in 
the Gazelle. revoke a declaration made under subsection (1). 
(3) 'The Attorney-General shaH cause a copy of a notice under 
subsection (1) or (2) to be laid before each House of the Parliament 
within 15 silting days of that House after the notice is published in the 
Gazelle. 14 Cooyngnt Act 1968 IPINIl! AUSI 11 Add.l 
Page 27 
s. 11 
(4) The body administering an institutJon may cause to be pub­
lished in the Gazelle a notice that: 
(a) sets out full particulars of the name and address of the institu­
tion~ and 
(b) contains a statement to the effect that the notice is published 
for the purposes of this subsection. 
(5) The body administering an institution may cause to be pub­
lished in the Gazelle a notice revoking a notice published under 
subsection (4) in reiation to the institution. 
(6) In this sectIon, hinstitution" includes a school of nursing, an 
undertaking within a hospital. a teacher education centre and an 
undertaking within a body administering an educational institution. 
Residence in a country not affected by temporary absence 
11. For the purposes of this Act, a person who, at a material time, 
was ordinarily resident in a country (including Australia) but was 
temporarily absent from that country shall be treated as if he had been 
resident in that country at that time. 
References to Parliament 
12. A reference in this Act to a Parliament shall be read as a 
reference to the Parliament of the Commonwealth or of a State or a 
legislature of a Territory. 
Acts comprised in copyright 
13. (1) A reference in this Act to an act comprised in the 
copyright in a work or other suhject-matter shall be read as a refer­
ence to any act that, under this Act, the owner of the copyright has the 
exclusive right to do. 
(2) For the purposes of this Act, the exclusive right to do an act in 
relation to a work, an adaptation of a work or any other subject-matter 
includes the exclusive right to authorize a person to do that act in 
relation to that work, adaptation or other subject-matter. 
Acts done in relation to substantial part of work or other 
subject-matter deemed to be done in relation to the whole 
14. (1) In tQis Act, unless the contrary intention appears: 
(a) a reference to the doing of an act in relation to a work or 
other subject-matter shall be read as including" a reference to 
the doing of that act in relation to a substantial part of the 
work or other subject-matter; and IP/N/l! AUS/1/ Add. 1 
Page 28 
CODVnght Act 1968 15 
s. 15 
( b) a reference to a reprod uction. adaptation or copy of a work 
shall be read as induding a reference to a reproduction. 
adaptation or copy or a s~bstantial pan of the work. as the 
case may be. 
(2) This section does not affect the interpretation of any reference 
in sections 32. 177, 180, 187 and 198 to the publication. or absence of 
publication. of a work. 
References to acts done with licence of owner of copyright 
15. For the purposes of this Act, an act shall be deemed to have 
been done with the licence of the owner of a copyright if the doing of 
the act was authorized by a licence binding (he owner of the copyright. 
References to partial assignment of copyright 
16. A reference in this Act to a partial assignment of copyright 
shall be read as a reference to an assignment of copyright that is 
limited in any way. 
Statutory empJoyment 
17. For the purposes of this Act, the employment of a person, or 
the employment of a person as an apprentice. under a law of the 
Commonwealth or of a State but otherwise than under a contract of 
service or contract of apprenticeship shall be treated as if that employ­
ment were employment under a contract of service or employment 
under a contract of apprenticeship, as the case may be. 
Libraries established or conducted for profit 
18. For the purposes of this Act, a library shall not be taken to be 
established or conducted for profit by reason only that the library IS 
owned by a person carrying on business for profit. 
References to Copyright Act, 1911 
19. A reference in a provision of this Act to the Copyright Act. 
1911. in relation to any time before the commencement of this Act, 
shaH, for (he purposes of the application of that provision in relation 
to a State or a Territory, be read as a reference to the Copyright Act, 
1911 as it applied in that State or Territory at that time. 
Names under 'which work is published 
20. (1) A reference in this Act to the name or names under which 
a work was published shall be read as a reference to the name or 
names specified in the work as the name of the author or the names of 
the authors of the work. 16 CODvngnt Act 1968 fP/N/l/AUS/l/Add.l 
Page 29 
s.21 
(2) ror the purposes of tr11S Act. J pUblication 01 d work under 
two or more names shall not De ~aken :0 be [1seudonymous uniess ail 
those names are pseudonyms. 
Reproduction of works 
21. (1) For the purposes of tnls Act, a literary. dramatic or 
musical work shall be deemed to have been reproduced In a mateflai 
form if a sound recording or cinematograph film is made of the worK. 
and any record embodying such a recording and any copy of sucn a 
film shall be deemed to be 3 reproduction of the work. 
(2) The last preceding subsection applies in relation to an adapta­
tion of a work in like manner as it applies in relation to a work. 
(3) For the purposes of this Act. an artistic work shall be deemed 
to have been reproduced: 
(a) in the case of a work in a two-dimensional form -if a versiori 
of the work is produced in a three-dimensional form: or 
(b) in the case of a work in a three-dimensional form-if a version 
of the work is produced in a two-dimensional form: 
and the version of the work so prod uced shall· be deemed to D\: ;3 
reprod uction .of the work. 
(4) The Jast preceding subsection has effect subject to Division -; of 
Part 11 r. 
Provisions relating to the making of a work or other subject"lm8bUer 
22. (1) A reference in this Act to the time when, or the period 
during which, a literary, dramatic. musical or artistic work was made 
shall be read as a reference to the time when, or the period during 
which, as the case may be, the work was first reduced to wrKting Of KO 
some other material form. 
(2) For the purposes of this Act. a literary, dramatic or mus~cai; 
work that exists in the form of sounds embodied in an anEd~ or ~hftfj;g 
shall be deemed to have been reduced to a material form 31f1d ~o h.a~·<S' 
been so reduced at the time when those sounds were embodr~d ~n ghZJ 
artlcle or thing. 
(3) For the purposes of this Act: 
(a) a sound recording shall be deemed to have been f11ade 3( the;; 
time when the first record embodying the reccrdhng was p'ro~ 
duced;and 
(b) the maker of the sound recording i~ ~h~ p~f~(}'fl ~fii10 oWlllled 
that record at that time. IPINI 1/ AUSIlIAdd.l 
Page 30 
':;co'.-ngnt Act 1968 
(4) For the purposes of this :~ct: 1; • I 
s.23 
(a) a reference to (he maKing of i.l cinematograph film st1all be 
read as a reference (0 the doing of the things necessary for the 
production of the first copy of the film; and 
(b) the maker of the cinematograph film is the person by \lrhom 
the arrangements necessarv tor the making of the film were 
undertaken. 
IS) For the purposes of thIS ,Act. a television broadcast or sound 
broadcast shall. subject to subsection (6), be deemed to have been 
maae by the person by whom. ;It tne time when, and from the piace 
from which, the visual images or sounds constituting the broadcast. or 
both, as the case may be. were broadcast. 
(6) Where a television broadcast or sound broadcast made by a 
person from a satellite. wherever located. consists of material transmit­
ted from the earth to the satellite (whether directly or by means of 
another sateJlite) the broadcast shall. for the purposes of this Act, be 
deemed to have been made by the person at the time when, and from 
the place from which, the material was so transmitted from the earth. 
Sound recordings and records 
23. (]) For the purposes of this Act. sounds embodied in a 
sound-track associated with visual images forming part of cinemato­
graph film shall be deemed not to be a sound recording. 
(2) A reference in this Act to a record of a work or other 
subject-matter shall. unless the contrary intention appears, be read as a 
reference to a record by means of which the work or other subject­
matter can be performed. 
References to sounds and visual images embodied in an article 
24. For the purposes of this Act, sounds or visual images shall be 
taken to have been embodied in an article or thing if the article or 
thing has been so treated in relation to those sounds or visual images 
that those sounds or visuai images are capable. with or without the aid 
of some other device, of being reproduced from the article or thing. 
Provisions relating to broadcasting 
25. (1) A reference in this Act to broadcasting shall. unless the 
contrary i~tention appears. be read as a reference to broadcasting 
whether by way of sound broadcasting or of television. 
(2) A reference in this Act to the doing of an act by the reception 
of a television broadcast or sound broadcast shall be read as a 
reference to the doing of that act by means of receiving a broadcast: IS CooyngncAct 7968 IP/N/I/AUS/l/Add.l 
Page 31 
s. 2.6 
i J' from the transmiSSion by ~'fllch the broadcast is made: or 
l b) from a transmission made otherwise than by way of broadcast­
ing, but simultaneousiv with the transmission referred to in the 
iast preceding paragraph: 
whetner the reception of the broadcast is directly from the transmis­
sion concerned or from a re-transmission made by any person from 
any piace. 
(3) Where a record embodying a sound recording or a copy of a 
cinematograph film is used for the purpose of making a broadcast (in 
this subsection referred to as ·'the primary broadcast" ), a person who 
makes a broadcast (in this subsection referred to as "the secondary 
broadcast" ) by receiving and simultaneously making a further trans­
mission of: 
(a) the transmission by which the primary broadcast was made; or 
(b) a transmission made otherwise than by way of broadcasting but 
simultaneously with the transmission referred to in the last 
preceding paragraph: 
shal I. for the pu rposes of th is Act, be deemed not to have used the 
record or copy for the purpose of making the secondary broadcast. 
(4) In th is Act: 
(a) a reference to a ci nematograph film of a television broadcast 
shall be read as including a reference to a cinematograph film, 
or a photograph, of any of the visual images comprised in the 
broadcast; and 
(b) a reference to a copy of a cinematograph film of a television 
broadcast shall be read as including a reference to a copy of a 
cinematograph film, or a reproduction of a photograph, of any 
of those images. 
(5) In this section, "re-transmission" means any re-transmission, 
whether over paths provided by a material substance or not, and 
includes a re-transmission made by making use of any article or thing 
in which the visual images or sounds constituting the broadcast, or 
both, as the case may be, have been embodied. 
References to transmission to subscribers to a diffusion service 
26. (1) A reference in this Act to the transmission of a work or 
other subject-matter to subscribers to a diffusion service shall be read 
as a reference to the transmission of the work or other subject-matter 
in the course of a service of distributing broadcast or other matter 
(whether provided by the person operating the service or by other 
persons) over wires. or over other paths provided by a material 
substance, to the premises of subscribers to the service. lP/NIl! AUS/I/ Add. I 
Page 32 
Cooyngnt Act 1968 
s.17 
(2) For the purposes of this Act, where a work or other subJect­
matter IS so transmitted: 
(a) the person operating .the service shall be deemed to be the 
person causing tbe work or other subject-matter to be so 
transmitted: and 
(b) no person other than the person operati ng the service shall be 
deemed to be causing the work or other subject-matter to be 
so transmitted, whether or not he provides any facilities for the 
transmission. 
t3) For the purposes of the application of this section, a service or­
distributing broadcast or other matter shall be disregarded where the 
service is only incidental to a business of keeping or letting premises at 
which persons reside or sleep, and is operated as pan of the amenities 
provided exclusively for residents or inmates of the premises or for 
those residents or inmates and their guests. 
(4) A reference in this section to the person operating a service of 
distributing broadcast or other matter shall be read as-a reference to 
the person who, in the agreements with subscribers to the service, 
undertakes to provide them with the service, whether he is the person 
who transmits the broadcast or other matter or not. 
(5) Where a service of distributing matter over wires or over other 
paths provided by a material substance is only incidentai to, or part of, 
a service of transmitting telegraphic or telephonic communications, a 
subscriber to the last-mentioned service shall be taken, for the pur­
poses of this section, to be a subscriber to the first-mentioned service. 
Performa nee 
27. (1) Subject to this section, a reference In this Act to 
performance shall: 
(a) be read as including a reference to any mode of visual or aural 
presentation, whether the presentation is by the operation of 
wireless telegraphy apparatus, by the exhibition of a cinemato­
graph film, by the use of a record or by any other means~ and 
(b) in relation to a lecture, address, speech or sermon-be read as 
including a reference to delivery; 
and a reference in this Act to performing a work or an adaptation of a 
work has a corresponding meaning. 
(2) For the purposes of this Act, broadcasting, or the causing of a 
work or other subject-matter to be transmitted to subscribers to a 
diffusion service, shall be deemed not to constitute performance or to 
constitute causing visual images to be seen or sounds to be heard. ':0 Cooynght Act 1968 IP/N/l/AUSIlIAdd.l 
Page 33 
s.28 
(3) Where visual images or sounds are dlsplaved or emitted by any 
receiving apparatus to which they are conveyed by the transmission of 
eJectromagnetic signais (whether over paths provided by a material 
substance or not), the operation of any apparatus by which the signals 
are transmitted. directly or indirectly, to the receiving apparatus shall 
be deemed not to constitute performance or to constitute causing 
visual images to be seen or sounds to be heard but, in so far as the 
display or emission of the images or sounds constitutes a performance, 
or causes the images to be seen or the sounds to be heard. the 
performance. or the causing of the images to be seen or sounds to be 
heard, as the case may be, shall be deemed to be effected by the 
operation of the receiving apparatus. 
(4) Without prejudice to the last two preceding subsections, where 
a work or an adaptation of a work is· performed or visual images are 
caused to be seen or sounds to be heard by the operation of any 
apparatus referred to in ~he last preceding subsection or of any 
apparatus for reproducing sounds by the use of a record, being 
apparatus provided by or with the consent of the occupier of the 
premises where the apparatus is situated, the occupier of those prem­
ises shall, for the purposes of this Act, be deemed to be the person 
giving the performance or causing the images to be seen or the sounds 
to be heard, whether he is the person operating the apparatus or not. 
(5) This section does not apply to a performance within the 
meaning of Part XIA. 
Performance of works or other subject-matter in the course of 
educational instruction 
28. (1) Where a literary, dramatic or musical work: 
(a) is performed in class, or otherwise in the presence of an 
audience; and 
(b) is so performed by a teacher in the course of his giving 
educational inslruction, not being instruction given for profit, 
or by a student in the course of his receiving such instruction; 
the performance shall, for the purposes of this Act, be deemed not to 
be a performance in public if the audience is limited to persons who 
are taking part in the instruction or are otherwise directly connected 
with the place where the ins£ruction is given. 
(2) For the purposes of the last preceding subsection, educational 
instruction given by a teacher at a place of education that is not 
conducted for profit shall not be taken to be given for profit by reason 
only that the teacher receives remuneration for giving the instruction. IP/NIl/ADS/1I Add,'! ' 
Page 34 
Ccovrtght Act 1968 21 
s.29 
(3) For the purposes of subsection (1), a person shall not be uken 
to be directly connected with a piace where instruction is glven by 
reason only that he is a parent or guardian of a student who receives 
instruction at that place. 
(4) The last three precelling subsecrions appi~ in reiallon to sound 
recordings and cinematograpn rllms In like manner as thev appiy in 
relation to literary, dramatic and m uSlcal works but, I n the applicatIon 
of those subsections In relation to such recordings or films. any 
reference to performance shail be read JS a reference 10 the Jct of 
causing the sounds concerned to be heard or the \lsual images con 
cerned to be seen. 
Publication 
19. (l) Subject to this section. for the purposes of this Act: 
(a) a literary, dramatic, musical or artistic work. or an edition of 
such a work, shall be deemed to have been published if, but 
only if. reproductions of the work or edition have been sup­
plied (whether by sale or otherwise) to the public: 
(b) a cinematograph film shall be deemed to have been published 
if. but only if, copies of the film have been sold, let on hire, or 
offered or exposed for sale or hire. to the public; and 
(c) a sound recording shall be deemed to have been published if. 
but only if, records embodying the recording or a part of the 
recording have been supplied (whether by sale or otherwise) to 
the public. 
(2) In determining, for the purposes of paragraph (1) (a), whether 
reproductions of a work or edition have been supplied to the public, 
section 14 does not apply. 
(3) For the purposes of this Act, the performance of a literary, 
dramatic or musical work, the suppJying (whether by sale or otherwise) 
to the public of records of a literary, dramatic or musical work, the 
exhibition of an artistic work, the construction of a building or of a 
model of a budding. or the supplying (whether by sale or otherwise) to 
the public of photographs or engravings of a budding. of a model of a 
building or of a sculpture, does not constitute pubJication of the work. 
(4) A publication that is merely colourable and is not intended to 
satisfy the reasonable requirements of the public shall be disregarded 
for the purposes of this Act except in so far as it may constitute an 
iniringemen'( of copyright or a breach of a duty under Part IX. Cooyngnt Act 1968 
s.30 IP/N/1/ AUS/lI Add. 1 
Page 35 
(5) For the purposes of this Act, a public3tion In Australia or in 
any other country shaH not be treated as being other than the first 
publicallon by reason oniy of an earlier publication elsewhere, if the 
twO publications took place within a period of not more than thirty 
days. 
(6) in determining, for the purposes of any provision of this Act: 
(a) whether a work or other subject-matter has been published: 
(b) whether a publication of a work or other subject-matter was 
the first publication of the work or other subject-matter: or 
(c) whether a work or other subject-matter was published or 
otherwise dealt with in the life-time of a person: 
any unauthorized publication or the doing of any other unauthorized 
act shall be disregarded. 
(7) Subject to section 52, a publication or other act shall, for the 
purposes of the last preceding subsection, be taken to have been 
unauthorized if. but only if: 
(a) copyright subsisted in the work or other subject-matter and the 
act concerned was done otherwise than by, or with the licence 
of, the owner of the copyright; or 
(b) copyright dill not subsist in the work or other subject-matter 
and the act concerned was done otherwise than by, or with the 
licence of: 
(i) the author or, in the case of a sound recording, 
cinematograph film or edition of a work, the maker 
or publisher, as the case may be; or 
(ii) persons lawfully claiming under the author, maker or 
publisher. 
(8) Nothing in either of the last two preceding subsections affects 
any provisions of this Act relating to the acts comprised in a copyright 
or to acts constituting infringements of copyrights or any provisions of 
Part IX. 
Ownership of copyright for particular purposes 
30. In the case of a copyright of which (whether as a result of a 
partial assignment or otherwise) different persons are the owners in 
respect of its application to: 
(a) the doing of different acts or classes of acts; or 
(b) the doing' of one or more acts or classes of acts in different 
countries or at different times; 
the owner of the copyright, for any purpose of this Act, shall be 
deemed to be the person who is the owner of the copyright in respect 
of its application to the doing of the particular act or class of acts, or IPINll! AUS/lI Add. 1 
Page 36 
CODynghl Act 1968 
s. 31 
to the doing of the parttcular Jct or class of acts in the particulLJr 
country or at the particular time. 3S the case may be, that IS relevant to 
that purpose, and a reference in this Act to the prospective owner of a 
future copyright of which different persons are the prospective owners 
has a corresponding meaning. 
PART Ill-COPYRIGHT I~ ORIGINAL LITERARY, DRAMATIC. 
MUSICAL AND ARTISTIC \VORKS 
Division i-Nature. Duration and Ownership oJ Copyright in Works 
Nature of copyright in original works 
31. (1) For the purposes of this Act. unless the contrary intention 
appears, copyright, in relation to a work, is the exclusive right: 
(a) in the case of a literary, dramatic or musical work, to do all or 
any of the following acts: 
(i) to reproduce the work in a material form: 
(ii) to publish the work~ 
(iii) to perform the work in public; 
(iv) to broadcast the work ~ 
(v) to cause the work to be transmitted to subscribers to 
a diffusion service; 
(vi) to make an adaptation of the work; 
(vii) to do, in ·relation to a work that is an adaptation of 
the first-mentioned work, any of the acts specified in 
relation to the first-mentioned work in subparagraphs 
(i) to (v), inclusive; and 
(b) in the case of an artistic work. to do all or any of the following 
acts: 
(i) to reproduce the work in a material form: 
(ii) to publish the work; 
(iii) to include the work in a television broadcast~ 
(iv) to cause a television programme that includes the 
work to be transmitted to subscribers to a diffusion 
service. 
(2) The' generality of subparagraph (1) (a) (i) is not affected by 
subparagraph (1) (a) (vi). 
Original works in which copyright subsists 
32. (1) Subject to this Act, copyright subsists in an original 
literary, dramatic, musical or artistic work (hat is unpublished and of 
which the author: CopynghtAct 1968 
s.33 IP/NIl/AUSIlIAdd.l 
Page 37 
(a) was a qualified person at the time when the work was made~ 
or 
(b) if the making of the work extended over a period-was a 
qualified person for a substantial part of that period. 
(2) Subject to this Act, where an original literary, dramatic, 
musical or artistic work has been published: 
(a) copyright subsists in the work; or 
(b) if copyright in the work subsisted immediately before its first 
publication-copyright continues to subsist in the work: 
if. but only if: 
(c) the first publication of the work took place in Austraiia~ 
(d) the author of the work was a qualified person at the tIme when 
the work was first published; or 
(e) the author died before that time but was a qualified person 
immediately before his death. 
(3) Notwithstanding the last preceding subsection but subject to 
the remaining provisions of this Act, copyright subsists in: 
(a) an original artistic work that is a building situated in Australia; 
or 
(b) an original artistic work that is attached to, or forms part of, 
such a building. 
(4) In this section, "quaHfied person" means an Australian citizen, 
an Australian protected person or a person resident in Austraiia. 
Duration of copyright in original works 
33. (1) This section has effect subject to subsection 32 (2) and to 
section 34. 
(2) Subject to this section, where, by virtue of this Pan, copyright 
subsists in a literary, dramatic or musical work, or in an artistic work 
other than a photograph, that copyright continues to subsist until the 
expiration of 50 years after the expiration of the calendar year in 
which the author of the work died. 
(3) If, before the death of the author of a literary, dramatic or 
m usical work: 
(a) the work had not been published; 
(b) the work had not been performed in public; 
(c) the work had not been broadcast; and 
(d) record.s of the work had not been offered or exposed for sale 
to the pubJ ic; IP/NllIAUSI 1 IAdd.1 
Page 38 
COPVrlght Act 1968 25 
s.34 
the copyright in the work continues (0 subsist \.lolll the expiration of 50 
years after the expIratIon of the calendar year in which the work is 
first published. periormed in public. or broaacast. or records of t.he 
work are first offered or exposed for sale to the public, whichever is 
the earliest of those events to happen. 
(4) A reference in the bSl preceding subsection to the doing of an 
act in relation to a work shall be read as incj uding a reference to the 
doing of that act In relation to an adapwtion of the 'V.ork. 
(5) If, before (he death of the Juthor of In engraving. the 
engraving had not been published. the copyrIght in the engravIng 
continues to subsist until the expiration of 50 years after the expiration 
of the calendar year in which the engraving is first published. 
(6) Copynght subsisting in a photograph by virtue of this Pan 
continues to subsist until the expiration of 50 vears after the expiration 
of the calendar year in which the photograph is first published. 
Duration of copyright in anonymous and pseudonymous works 
34. (1) Subject to the next succeeding subsection, where the first 
publication of a literary, dramatic or musical work, or of an artistic 
work other than a rhotograph, is anonymous or pseudonymous, the 
last preceding section does not apply in relation to the work but any 
copyright subsisting in the work by virtue of this Part continues to 
subsist until the expiration of the period of 50 years after the expira­
tion of the calendar year in which the work was first published. 
(2) The last preceding subsection does not apply in relation to a 
work if, at any time before the expiration of the period referred to in 
that subsection. the identity of the author of the work is generally 
known or can be ascertained by reasonable inquiry. 
Ownership of copyright in originaJ works 
35. (1) This section has effect subject to Parts VII and X. 
(2) Subject to this section, the author of a literary, dramatic, 
musical or artistic work is the owner of any copyright subsisting in the 
work by virtue of this Part. 
(3) The operation of any of the next three succeeding subsections 
in relation to copyright in a particular work may be excluded or 
modified by agreement. 
(4) Where a literary, dramatic or artistic work is made by the 
author in pursuance of the terms of his employment by the proprietor 
of a newspaper, magazine or similar periodical under a contract of 
service or apprenticeship and is so made for the purpose of publica-26 Copyngnt Act 1968 IP/N/lIAUS/l/Add.l 
Page 39 
s.36 
tion in a newspaper, magazIne or similar pertodicaL the proprietor is 
the owner of any copyright subsisting in the work bv virtue of this Part 
in so far as the copynght relates to: 
(a) publication of the work in any newspaper, magazine or similar 
periodical~ 
(b) broadcasting the work: or 
(c) reproduction of the work for the purpose of IlS being so 
published or broadcast: 
but not otherwise. 
(5) Subject to the last preceding subsection, where: 
(a) a person makes, for valuable consideration. an agreement with 
another person for the taking of a photograph. the painting or 
drawing of a portrait or the making of an engraving by the 
other person: and 
(b) the work is made in pursuance of the agreement: 
the first-mentioned person is the owner of any copyright subsisting in 
the work by virtue of this Part, but. if at the time the agreement was 
made that person made known, expressly or by implication, to the 
author of the work the purpose for which the work was required, the 
author is entitled to restrain the doing, otherwise than for that pur­
pose, of any act comprised in the copyright in the work. 
(6) Where a literary, dramatic or artistic work to which neither of 
the last two preceding subsections applies, or a musical work, is made 
by the author in pursuance of the terms of his employment by another 
person under a contract of service or apprenticeship, that other person 
is the owner of any copyright subsisting in the work by virtue of this 
Part. 
Division 2-lnfringement of Copyright in Works 
Infringement by doing acts comprised in the copyright 
36. (1) Subject to this Act, the copyright in a litel ary, dramatic, 
musical or artistic work is infringed by a person who, not being the 
owner of the copyright, and without the licence of the owner of the 
copyright, does in Australia, or authorizes the doing in Australia of, 
any act comprised in the copyright. 
(2) The next three succeeding sections do not affect the generality 
of the last precedi,ng subsection. lP/NIl! AUS/V Add. 1 
Page 40 
Copyright Act 1968 
Infringement by importation for sale or hire 27 
s.37 
37. Suhject to section -+-+A. the copyright in a literary, dramatic, 
musical or artistic work is infringed by a person who, without the 
licence of the owner of the copyright, imports an article into Australia 
fur the purpose of: 
(a) selling, letting for hire. or by way of trade offering or exposing 
for sale or hire, the article: 
(b) distributing the article: 
(i) for the purpose of trade: or 
(i i) for any other pu rpose to an extent that wi I1 affect 
prejudicially the owner of the copyrighc or 
(c) by way of trade exhibiting the article in public: 
if the importer knew, or ought reasonably to have known. that the 
making of the article would, if the article had been made in Australia 
by the importer, have constituted an infringement of the copyright. 
Infringement by sale and other dealings 
38. (1) Subject to section 44A, the copyright in a literary, 
dramatic, musical or artistic work is infringed by a person who. in 
Australia, and without the licence of the owner of the copyright: 
(a) seJls, lets for hire. or by way of trade offers or exposes for sale 
or hire, an article; or 
(b) by way of trade exhibits an article in public: 
if the importer knew, or ·ought reasonably to have known, that the 
making of the article constituted an infringement of the copyright or, 
in the case of an imported article, would, if the article had been made 
in Australia by the importer, have constituted such an infringement. 
(2) For the purposes of the last preceding subsection, the distribu­
tion of any articles: 
(a) for the purpose of trade~ or 
(b) for any other purpose to an extent that affects prejudicially the 
owner of the copyright concerned~ 
shall be taken to be the sale of those articles. 
Infringement by permitting place of public entertainment to be used 
for performance of work 
39. (1) The copyright in a literary, dramatic or musical work is 
infringed by a person who permits a place of public entertainment to 
be used for the performance in public of the work, where the perfor­
mance constitutes an infringement of the copyright in the work. 28 ':opyngnt Act 1968 IP/NIl/ AUS/1/ Add. 1 
Page 41 
s.39A 
(2) This section does not apply where the person permuting the 
place to be so used establishes: 
(a) that he was not aware. and had no reasonable grounds for 
suspecting~ that the performance would be an infringement of 
the copyright: or 
(b) that he gave the permission gratuitousl~. or for .a consideration 
that was only nomInal or. if more than nominal, did not 
exceed a reasonaoie estimate of the expenses to be incurred by 
him by reason of the use of the place for the performance. 
(3) In this section. "place of public entertainment" includes any 
premises that are occupied principally for purposes other than public 
entertainment but are from time to time made available for hire for 
purposes of public entertainment. 
Infringing copies made on machines installed in libraries and archives 
39A. Where: 
(a) a person makes an infringing copy of, or of part of" a work on 
a machine for the making, by reprographic reproduction, of 
copies of documents. being a machine installed by or with the 
approval of the body administering a library or archives on the 
premises of the library or archives. or outside those premises 
for the convenience of persons using the library or archives: 
and 
(b) there is affixed to. or in close proximity to, the machine, in a 
pJace readily visible to persons using the machine, a notice of 
the prescribed dimensions and in accordance with the pre­
scribed form; 
neither the body administering the library or archives nor .the officer 
in charge of the library or archives shall be taken to have authorized 
the making of the infringing copy' by reason only that the copy was 
made on that machine. 
Division 3-Acts not Constituting Infringements of Copyright in Works 
Fair dealing for purpose of research or study 
40. (1) A fair dealing with a literary, dramatic, musical or artistic 
work~ or with an adaptation of a literary, dramatic or musical work, 
for the purpose of research or study does not constitute an infringe­
ment of the copyright in the work. 
(lA) A fair dealing with a literary work (other than lecture notes) 
does not constitute an infringement of the copyright in the work if it is 
for the purpose of, or associated with, an approved course of study or 
research by an enrolled externaj student of an educational institution. IP/N/l! ADS/1/ Add. 1 
Page 42 
Cooynght Act 1968 29 
s. 41 
(1B) In subsection (1 A) the expression "lecture notes" means anv 
literary work proouced for the purpose or the course of studv or 
research by a person lecturing or teaching in or in connection with the 
course of study or research. 
(2) For the purposes or" this Act, the matters to which regard shall 
be had. in dete~ml~ing whether a dealing with a literary, dramatic. 
musical or artistic work or with an adaptation of a literary, dramatic or 
musical work. being a dealing by way of copying the whole or a part of 
the work or adapta[!on, constitutes a fair deaiing with the work or 
adaptation for the purpose of research or study include: 
(a) the purpose and character of the dealing; 
(b) the nature of the work or adaptation; 
(c) the possibility of obtaining the work or adaptation within a 
reasonable time at an ordinary commercial price: 
(d) the effect of the dealing upon the potential market for, or 
value of~ the work or adaptation: and 
(e) in a case where part only of the work or -adaptation IS 
copied -the amount and substantiality of the part copied taken 
in relation to the whole work or adaptation. 
(3) Notwithstanding subsection (2), a dealing with a literary, 
dramatic or musical work, or with an adaptation of such a work, being 
a dealing by way of the copying, for the purposes of research or study: 
(a) jf the work or adaptation comprises an article in a periodical 
publication-of the whole or a part of that work or adaptation; 
or 
(b) in any other case-of not more than a reasonable portion of 
the work or adaptation; 
shall be taken to be a fair dealing with that work or adaptation for the 
purpose of research or study. 
(4) Subsection (3) does not apply to a dealing by way of the 
copying of the whole or a part of an article in a periodical publication 
if another article in that publication~ being an article dealing with a 
different subject matter, is also copied. 
Fair dealing for purpose of criticism or review 
41. A fair dealing with a literary, dramatic, musical or artistic 
work, or with an adaptation of a literary, dramatic or musical work. 
does not constitute an infringement of the copyright in the work if it is 
for the purpose of criticism or review, whether of that work or of 
another work, and a sufficient acknowiedgement of the work is made. 30 Copyngnt Act 1968 IP/NIl/ AUS/l/ Add. 1 
Page 43 
s.42 
Fair deaJing for purpose of reporting news 
42. (1) A fair deaiing with a literary, dramatic. musical or artistic 
work, or with an adaptation of a literary. dramatic or musical work, 
does not constitute an infringement of the copyright in the work if: 
(a) it is for the purpose of, or is associated with. the reporting of 
news in a newspaper, magazine or similar periodical and a 
sufficient acknowledgement of the work is made: or 
(b) it is for the purpose of, or is associated with, the reporting of 
news by means of broadcasting or in a cinematograph film. 
(2) The playing of a musical work in the course of reporting news 
by means of broadcasting or in a cinematograph film is not a fair 
dealing with the work for the purposes of this section if the playing of 
the work does not form part of the news being reported. 
(3) This section applies where a literary, dramatic, musical or 
artistic work, or an adaptation of a literary, dramatic or musical work. 
is caused to be transmitted to subscribers to a diffusion service in like 
manner as it applies where such a work or adaptation is broadcast. 
Reproduction for purpose of judicial proceedings or professional advice 
43. (1) The copyright in a literary, dramatic, musical or artistic 
work is not infringed by anything done for the purposes of a judicial 
proceeding or of a report of a judicial proceeding. 
(2) A fair dealing with a literary. dramatic. musical or artistic work 
does not constitute an infringement of the copyright in the work if it is 
for the purpose of the giving of professional advice by a legal practi­
tioner or patent attorney. 
Back-up copy of computer program 
43A. (1) Subject to subsection (2), the copyright in a literary work 
being a computer program is not infringed by the making of a 
reproduction of the work, or of a computer program being an adapta­
tion of the work. if: 
(a) the reproduction is made by, or on behalf of, the owner of the 
copy (in this section referred to as the "original copy" ) from 
which the reprod uction is made~ and 
(b) the reproduction is made for the purpose only of being used. 
by or on behalf of the owner of the original copy, in lieu of 
the original copy in the event that the original copy is lost, 
destroyed or rendered unusable. 
(2) Subsection (1) does not apply to the making of a reproduction 
of a computer program, or of an adaptation of a computer program: 
(a) from an infringing copy of the computer program; or IP/NIl/ AUS/l/ Add. 1 
Page 44 
CoP¥nght Act 1968 
s. 44 
(b) contrary to an express dlrectlon hv or on behalf of the owner 
of the copynght In the comruter program given to the owner 
of the original copy not I;:Her than the time when the owner of 
the original copy acquired the original copy. 
(3) For tile purposes of this section: 
(a) a reference to a copy of a computer program or of an dddpta­
tion of a computer program is a reference to any article In 
which the computer program or adaptation is reproduced in a 
material form: and 
(b) a reference to an express direction. in relation to a copy of a 
computer program or of an adaptation of a computer program. 
incl~des a reference to a clearly legible direction printed on 
the copy or on a package in which the copy is supplied. 
Inclusion of works in collections for use by places of education 
44. (1) The copyright in a published literary, dramatic, musical or 
artistic work is not infringed by the inclusion of a short extract from 
the work. or, in the case of a published literary, dramatic or musical 
work. from an adaptation of the work, in a collection of literary, 
dramatic. musical or artistic works contained in a book. sound record­
ing or cinematograph film and intended for use by places of education 
if: 
(a) the collection is described in an appropriate place in the book, 
on the label of each record embodying the recording or of its 
container, or in the film, as being intended for use by places of 
education; 
(b) the work or adaptation was not published for the purpose of 
being used by places of education; 
(c) the collection consists principally of matter in which copyright 
does not subsist; and 
(d) a sufficient acknowledgement of the work or adaptation is 
made. 
(2) The last preceding subsection does not apply in relation to the 
copyright in a work if, in addition to the extract concerned, 2 or more 
other extracts from, or from adaptations of, works (being works in 
which copyright subsists at the time when the collection is published) 
by the author of the first-mentioned work are contained in that 
collection. ,or are contained in that collection taken together with every 
similar collection, if any, of works intended for use by places of 
education and published by the same publisher within the period of 5 
years immediately preceding the publication of the first-mentioned 
collection. 32 Copynght Act 1968 IP/N/I/AUS/lIAdd.l 
. Page 45 
s.44A 
Importation etc. of books 
44A. (1) The copyright in an overseas work first published on or 
after the commencing day is not infringed by a person who, without 
the licence of the owner or the copyright. imports a non-infringing 
book into Australia for a purpose mentioned in paragraph 3i (a). (b) 
or (c). 
(2) Subject to this section. the copyright in: 
(a) an overseas work first rublished before the commencing day; 
or 
(b) a work first published in Australia, whether before, on or after 
the commencing day; 
is not infringed by a person who, without the licence of the owner of 
the copyright. imports a copy (in this subsection called the ·'imported 
copy" ) of a hardback or paperback version of a non-infringing book 
into Australia for a purpose mentioned in paragraph 37 (a), (b) or (c) 
if: 
(c) the person had ordered in writing from the copyright owner. 
or the owner's licensee or agent. one or more copies of that 
version of the book (not being second-hand copies or more 
copies than were needed to satisfy the person's reasonable 
requirements); and 
(d) when the person ordered the imported copy, the original order 
mentioned in paragraph (c) had not been withdrawn or can­
celled by, or with the consent of, the person and: 
(i) at least 7 days had elapsed since the person placed 
the originai order and the copyright owner, licensee 
or agent had not notified the person in writing that 
the original order would be filled within 90 days after 
it was placed~ or 
(ii) at least 90 days had elapsed since the person placed 
the original order and the copyright owner, licensee 
or agent had not filled the order. 
(3) The copyright in a published work (whether first published 
before. on or after the commencing day) is not infringed by a person 
who, without the licence of the owner of the copyright, imports a 
singJe copy of a non-infringing book into Australia if the importation 
is for the purpose ,of filling a written order, or a verifiable telephone 
order, by a customer of the person and: 
(a) in the case of a written order, the order contains a statement, 
signed by the customer: or 
(b) in the case of a telephone order, the customer makes a 
verifiable statement: IP/N/l! ADS/l! Add. 1 
Page 46 
CooyngnrAct 1968 33 
s. ";4A 
to the effect that the customer does not intend to use the book for a 
purpose mentioned in paragraph 37 (a), (b) or (c). 
(4) The copyright in a published work (whether first published 
before, on or after the commencing day) is not infringed by a person 
who. without the licence of the owner of the copyright. imports 2 or 
more copies of a non-infringing book into Australia if: 
(a) the importation is for the purpose of filling a written order. or 
a vertfiable telephone order. placed with the person by or on 
behalf of a library. other than a library conducted for the 
profit (direct or indirect) or a person or organisation; and 
(b) in the case of a written order-the order contains a statement. 
signed by the person placing the order, to the effect that the 
librarv does not intend to use any of the books for a purpose 
mentioned in paragraph 37 (a), (b) or (c); and 
(c) in the case of a telephone order-the person placing the order 
makes a verifiable statement to the effect referred to in para­
graph (b)~ anti 
(d) the number of copies so imported is not more than the 
number of copies so ordered. 
(5) Without limiting the ways in which a telephone order under 
subsection (3) or (4), or a statement under paragraph (3) (b) or (4) (c) 
relating to such an order. may be verified, such an order or statement 
is, for the purposes of this section. taken to be verifiable if the person 
who takes the order, or to whom the statement is made, makes a 
written note of the details of the order or statement when, or imme­
diately after. the order is placed, or the statement is made, as the case 
may be. 
(6) Where: 
(a) a book is imported into Australia for a purpose mentioned in 
paragraph 37 (a), (b) or (c); and 
(b) the importation does not, under this section, constitute an 
infringement of copyright in a published work; 
the use of the book for any such purpose does not constitute an 
infringement of the copyright in the work and subsection 38 (1) does 
not apply to the book. 
(7) Subsection (2) does not apply to the importation of a copy of a 
hardback version of a non-infringing book into Australia jf the copy­
right owner', or his or her licensee or agent, is able to supply in 
Australia enough copies of a paperback version of the book to fill any 
reasonable order. 34 Copyngnt Act 1968 IP/N/l! AUS/l/ Add.! 
Page 47 
5.45 
(8) For the purposes of paragraph (2) (JL a copyright owner. 
licensee or agent is not taken to have filled an order by a person for 
one or more copies of a version of a book unless and until the 
copyright owner, licensee or agent sends the copy, or all of the copies. 
as the case requires. to the person. 
(9) In this section: 
"book" does not i nci ude: 
(a) a book whose main content is one or more musical works. 
with or without any related literary, dramatic or artistic work; 
or 
(b) a manual sold with corn puter software for use in connection 
with that software; or 
(c) a periodical publication; 
"commencing day" means the day on which the Copyright Amendment 
ACl 1991 commences: 
"overseas work" means a work: 
(a) that was first published in a country other than Australia; and 
(b) that was not published in Australia within 30 days after its first 
publication in that other country. 
Note: A work may, for the purposes of this Act, be "first published" in Australia if it 
is published in Australia within 30 days of an earlier publicalion elsewhere. For the 
meanang of "first pulllicauon" ,see section 29 and, in particular, subsection 29 (5). 
Division 4-Acts nOl Constituting Infringements of Copyright in Literary, 
Dramatic and Musical Works 
Reading or recitation in public or for a broadcast 
45. The reading or recitation in public, or the inclusion in a sound 
broadcast or television broadcast of a reading or recitation, of an 
extract of reasonable length from a published literary or dramatic 
work, or from an adaptation of such a work, does not constitute an 
infringement of the copyright in the work if a sufficient acknowledge­
ment of the work is made. 
Performance at premises where persons reside or sleep 
46. Where a literary, dramatic or musical work, or an adaptation 
of such a work, is performed in public, by the operation of wireless 
telegraphy apparatus or by the use of a record, at premises where 
persons reside or 'sleep, as part of the amenities provided exclusively 
for residents or inmates of the premises or for those residents or 
inmates and their guests, the performance does not constitute an 
infringement of the copyright in the work. IP/NIl/ AUSIl/ Add. 1 
Page 48 
Cooynght Act 1968 j) 
s. 4i 
Reproduction for purpose of broadcasting 
47. (1) Where the broadcasting by a person of a literary, dramatic 
or m usical work, or of an ada ptation of such a work, wou Id not 
(whether by reason of an assignment or licence or of the operation of 
a provision of this Act) constitute an infringement of the copyright in 
the worK. but the making by the person of a sound recording or a 
cinematograph film of the work or adaptation would. apart from this 
subsection. constitute such an infringement. the copyright in the work 
is not infringed by his making such a recording or film solely for the 
purpose of the broadcasting of the work or adaptation. 
(2) The last preceding subsection does not apply in relation to a 
recording or film if a record embodying the recording or a copy of the 
film is used for a purpose other than: 
(a) the broadcasting of the work or adaptation in circumstances 
that do not (whether by reason of an assignment or licence or 
of the operation of a provision of this Act) constitute an 
infringement of the copyright in the work; or 
(b) the making of further records embodying the recording or 
further copies of the film for the purpose of the broadcasting 
of the work or adaptation in such circumstances. 
(3) Subsection (1) does not apply in relation to a recording or film 
where a record embodying the recording or a copy of the film is used 
for the purpose of the broadcasting of the work or adaptation by a 
person who is not the maker of the recording or film unless the maker 
has paid to the owner of the copyright in the work such amount as 
they agree or, in default of agreement, has given an undertaking in 
writing to the owner to pay to him such amount as is determined by 
the Copyright Tribunal. on the application of either of them, to be 
equitable remuneration to the owner for the making of the recording 
or film. 
(4) A person who has given an undertaking referred to in the last 
preceding subsection is liable, when the Copyright Tribunal has deter­
mined the amount to which the undertak ing relates, to pay that 
amount to the owner of the copyright in the work and the owner may 
recover that amount in a court of competent jurisdiction from the 
person as a debt due to the owner. 
(5) Subsection (1) of this section does not ap'ply in relation to a 
recording or film unless, before the expiration of the period of 12 
months commencing on the day on which any of the records embody­
ing the recording or any of the copies of the film is first used for 
broadcasting the work or adaptation in accordance with that sub­
section, or before the expiration of such further period. if any, as is 
agreed between the maker of the recording or film and the owner of 36 Copynght Act 1968 IPINIl! AUSIl! Add. 1 
Page 49 
s.47A 
the copyright In the work, all the records emoodying the recording or 
all the copies of the film are destroyed or are delivered, with the 
consent of the Director-General of the Austraiian Archives, to the 
Australian Archives. 
(6) The Director-General of the Australian Archives shaH not 
consent to the delivery to the Australian Archives in accordance with 
subsection (5) of a r~cord embodying a recording or of a copy of a 
film unless he has certified that the recording or film is of an 
exceptional documentary character. 
Sound broadcasts by holders of print-handicapped radio licences 
47 A. (1) The making of a sound broadcast -of, or of an adaptation 
of, a published literary or dramatic work does not constitute an 
infringement of copyright in the work if: 
(a) the broadcast is made by a person being the holder of a 
print-handicapped radio licence and is made under the 
I icence; and 
(b) there is made by or on behalf of the person, as soon as 
practicable after the making of the broadcast, a record of the 
making of the broadcast that: 
(i) sets out the time and date of the making of the 
broadcast; 
(ii) identifies the work; and 
(iii) contains particulars of such other matters in relation 
to the work or in relation to the broadcast as are 
prescribed. 
(2) For the purposes of paragraph (1) (b), a record of the making 
of a broadcast: 
(a) may be made in writing or in any other manner prescribed by 
the regulations; and 
(b) if it is made in writing, shall be in accordance with the form 
prescribed by the regulations. 
(3) Where, at any time before the expiration of the prescribed 
retention period after the making by a person of a sound broadcast of 
a literary or dramatic work in reliance on subsection (1), a record 
made for the purposes of paragraph (1 ) (b) in relation to the making 
of the sound broadcast is not retained by the person, the person is 
gUilty of an offence punishable, upon conviction, by a fine not exceed­
ing $500. 
(4) It is a defence to a prosecution of a person under subsection 
(3) in relation to the retention of a record if the person satisfies the 
court that he or she took all reasonable precautions, and exercised due 
diligence, to ensure the retention of the record. IP/N/l! AUS/V Add.! 
Page 50 
CooynghtAcl7968 ~ .... .) / 
s.47A 
(5) :\ person is not liable to be convicted twice of an offence 
against subsection (,3) in relation to the retention of the same record. 
(6) The owner of the copyright in 3 literary or dramatic work. or 
the agent of such an owner. mav notifv in wrlti ng a person who holds 
or held a print-handicapped radio licence that the owner or agent 
wishes to inspect: 
(a) all the records of the person made by or on behalf of the 
person for the purposes of paragraph ( 1) (b); or 
t b) such of those records as relate to the works of a specified 
author: 
on a day specified in the notice. being 3 day (other than a Saturday. 
Sunday or public holiday) not less than 7 days after the day on which 
the notice is given. 
(7) Where a person who receives a notice under subsection (6) 
does not. without reasonable excuse. allow the owner or agent to 
inspect the records to which the notice relates during business hours 
on the day specified in the notice. the person is guilty of an offence 
punishable. upon conviction, by a fine not exceeding $500. 
(8) Where: 
(a) a sound broadcast of, or of an adaptation of, a literary or 
dramatic work is made by a person (in this subsection referred 
to as the "licence holder" ) being the holder of a print­
handicapped radio licence; 
(b) by virtue of subsection (1), the making of the sound broadcast 
does not infringe copyright in the work~ and 
(c) the owner of the copyright in the work makes a request in 
writing at any time during the prescribed retention period after 
the making of the sound broadcast for payment for the making 
of the sound broadcast: 
the licence holder shall pay to the owner of the copyright such an 
amount by way of equitable remuneration for the making of the sound 
broadcast as is agreed upon between the owner of the copyright and 
the licence holder or, in default of agreement, as is determined by the 
Copyright Tribunal on the application of either the owner of the 
copyright or the licence holder. 
(9) Where the Copyright Tribunal has under subsection (8) deter­
mined the amount of equitable remuneration payable by a person to 
the owner of the copyright in a work, the owner of the copyright may 
recover that amount from the person in a court of competent jurisdic­
tion as a debt due to the owner of the copyright. 38 CopynghtAct 1968 lP/NIl! ADS/1/ Add. 1 
Page 51 
s.48 
(10) Nothln2 in this section affects the fight of the owner of the 
copyright in a literary or dramatic work to gra-nt a licence authorising. 
a person being the holder of a print-handicapped radio licence to 
make sound broadcasts of, or of adaptations of, the work without 
infringement of that copyright. 
(11) I n this section: 
(a) "prescribed retention period" means the period prescribed by 
the regulations for the purposes of this paragraph; and 
(b) ·'print-handicapped radio licence" means a licence in force 
under the Broadcasting Services Act 1992 or the 
Radiocommunicalions ACl 1983, being a licence that was grant­
ed for the purpose of authorising the making of sound broad­
casts to persons who by reason of old age, disability or literacy 
problems are unable to handle books or newspapers or to read 
or comprehend written material. 
Division 5 -Copying of Works in Libraries 
Interpretation 
48. In this Division, a reference to an article contained in a 
periodical publication shall be read as a reference to anything (other 
than an artistic work) appearing in such a publication. 
Copying by Parliamentary libraries for members of Parliament 
48A. The copyright in a work is not infringed by anything done, 
for the sole purpose of assisting a person who is a member of a 
Parliament in the performance of the person's duties as such a mem­
ber, by an authorized officer of a library, being a library the principal 
purpose of which is to provide library services for members of that 
Parliament. 
Copying by libraries and archives for users 
49. (1) A person may furnish to the officer in charge of a library 
or archives: 
(a) a request in writing to be supplied with a copy of an article, or 
a part of an article, contained in a periodical publication or of 
the whole or a part of a published work other than an article 
contained in a periodical publication; and 
(b) a declar,ation signed by him stating: 
(i) that he requires the copy for the purpose of research 
or study and will not use it for any other purpose; 
and IP/N/lIAUS/1/Add.l 
Page 52 
Copyright Act 1968 
s. 49 
(ii) that he has not previoush been suppiied with a copy 
of the same article or other work, or the same part of 
the article or other work. as the case may be. by an 
authorized officer of the library or archives. 
(2) Subject to this section, '.l.here J request and declaration 
referred to in subsection (1) are furnished to the officer in charge of a 
library or archives, an authorized officer of the library or archives 
may. unless the declaration contains a statement that to his knowledge 
is untrue 1n a material particular. make. or cause to be made, the copy 
to which the request relates and supply the copy to the person who 
made the request. 
(2A) A person may make to an authorized officer of a library or 
archives: 
(a) a request to be supplied with a copy of an article, or part of an 
article. contained in a periodical publication or of the whole 
or a part of a published work other than an article contained 
in a periodical publication; and 
(b) a declaration lO the effect that: 
(i) the person requires the copy for the purpose of 
research or study and will not use it for any other 
purpose; 
(ii) the person has not previously been supplied with a 
copy of the same article or other work, or the same 
part of the article or other work, as the case may be, 
by an authorized officer of the library or archives; 
and 
(iii) by reason of the remoteness of the person's location, 
the person cannot conveniently furnish to the officer 
in charge of the library or archives a request and 
declaration referred to in subsection (1) in relation to 
the copy soon enough to enable the copy to be 
supplied to the person before the time by which the 
person requires it. 
(2B) A request or declaration referred to in subsection (2A) is not 
required to be made in writing. 
(2e) Subject to this section, where: 
(a) a request and declaration referred to in subsection (2A) are 
made by a person to an authorized officer of a library or 
archives; and 
(b) the authorized officer makes a declaration setting out particu­
lars of the request and declaration made by the person and 
stating that; 40 CQoyngnt Act 1968 IP/N/1/AUS/1/Add.l 
Page 53 
s.49 
(i) the declaratIon made by the person. so far as it 
relates to the matters specified in subparagraphs (2A) 
(b) (i) and (ii), does not contain a statement that. to 
the knowiedge of the authorized officer. is untrue in 
a material particular~ and 
(ii) the authorized officer is satisfied that the declaration 
made by the person is true so far as it relates to the 
matter specified in subparagraph (2A) (b) (iii); 
an authorized officer of the library or archives may make. or cause to 
be made, the copy to which the request relates and supply the copy to 
the person. 
(3) Where a charge is made for making and supplying a copy to 
which a request under subsection (1) or (2A) relates, subsection (2) or 
(2e), as the case may be. does not apply in relation to the request if 
the amount of the charge exceeds the cost of making and supplying the 
copy. 
(4) Subsection <:2) or (2C) does not apply in relation to a request 
for a copy of, or parts of. 2 or more articles contained in the same 
periodical publication unless the articles relate to the same subject 
matter. 
(5) Subsection (2) or (2C) does not apply to a request for a copy 
of the whole of a work (other than an article contained in a periodical 
publication), or to a copy of a part of such a work that contains more 
than a reasonable portion of the work unless: 
(a) the work forms part of the library or archives collection; and 
(b) before the copy is made, an authorized officer has, after 
reasonable investigation, made a declaration stating that he is 
satisfied that a copy (not being a second-hand copy) of the 
work cannot be obtained within a reasonable time at an 
ordinary commercial price. 
(6) The copyright in an article contained in a periodical publica­
tion is not infringed by the making, in relation to a request under 
subsection (1) or (2A), of a copy of the article, or of a part of the 
article, in accordance with subsection (2) or (2e), as the case may be, 
unless the copy is supplied to a person other than the person who 
made the request. 
(7) The copyright in a published work other than an article 
contained in a periodical publication is not infringed by the making, in 
relation to a request under subsection (1) or (2A), of a copy of the 
work, or of a part of the work, in accordance with subsection (2) or 
(2e), as the case may be.-unless· the copy is supplied to a person other 
than the person who made the request. IP/N/l/AUS/l/Add.l 
Page 54 
CooyngntAct 1968 
s. ~ 
(8) The regulations mav exciude the application of suosectlon (6) 
or (7) in such c-;ses as are specified in the regulations. 
(9) In this sectIon. "library" does not inciude a library that is 
conducted for the profit. direct or indirect. of an individual or 
individuais. 
Copying by libraries or archives for other libraries or archives 
50. (1) The officer in charge of a library may request. or cause 
another person to request. the officer in charge of another library to 
supply the officer In charge of the first-mentioned library with a copy 
of an article, or 3 part of an article, contained in a periodical 
publication, or of the whole or a part of a published work other than 
an article contained In a periodical publication: 
(a) for the purpose of including the copy in the collection of the 
first-mentioned library; 
(aa) in a case where the principal purpose of the first-mentioned 
library is to provide library services for memoers of a Par­
liament-for the purpose of assisting a person who is a mem­
ber of that Parliament in the performance of the person's 
duties as such a member~ or 
(b) for the purpose of supplying the copy to a person who has 
made a request for the copy under section 49. 
(2) Subject to this section, where a request is made by or on behalf 
of the officer in charge of a library to the officer in charge of another 
library under subsection (1), an authorized officer of the last-men­
tioned library may make. or cause to be made, the copy to which the 
request relates and supply the copy to the officer in charge of the 
first-mentioned library. 
(3) Where, under subsection (2), an authorized officer of a library 
makes, or causes to be made, a copy of the whole or a part of a work 
and supplies it to the officer in charge of another library in accordance 
with a request made under subsection (1): 
(a) the copy shall, for all purposes of this Act. be deemed to have 
been made on behalf of an authorized officer of the other 
library for the purpose for which the copy was requested; and 
(b) an action shall not be brought against the body administering 
that first-mentioned library, or against any officer or employee 
of that library, for infringement of copyright by reason of the 
making or supplying of that copy. 
(4) Subject to this section, where a copy of the whole or a part of 
an article contained in a periodical publication. or of any other 
published work, is. by virtue of subsection (3), to be deemed to have COIJ¥nght Act 1968 
s.50 IP/N/I/ AUS/1/ Add.l 
Page 55 
been made on behalf of an authorized officer of a library, the copy­
right in the article or other work is not mfringed by the making of the 
copy. 
(5) The regulations may excl ude the application of subsection (4) 
in such cases as are specified in the regulations. 
(6) Where a charge is made for making and supplying a copy to 
which a request under subsection (1) relates, subsection (4) does not 
apply in rel~tion to the request if the amount of the charge exceeds the 
cost of making and suppjying the copy. 
(7) Where: 
(a) a copy (in this subsection referred to as the "relevant copy" ) 
of, or of a part of, an article, or of the whole or a part of 
another work, is supplied under subsection (2) to the officer in 
charge of a library; and 
(b) a copy of the same article or other work, or of the same part 
of the article or other work, as the case may be, has previously 
been supplied under subsection (2) for the purpose of inclu­
sion in the collection of the library; 
subsection (4) does not apply to or in relation to the relevant copy 
unless, as soon as practicable after the request under subsection (I) 
relating to the relevant copy is made, an authorized officer of the 
library makes a declaration: 
(c) setting out particulars of the request (including the purpose for 
which the relevant copy was requested); and 
(d) stating that the copy referred to in paragraph (b) has been lost, 
destroyed or damaged, as the case requires. 
(7 A) Where a copy of the whole of a work (other than an article 
contained in a periodical publication), or of a part of such a work that 
contains more than a reasonable portion of the work, is supplied 
under subsection (2) to the officer in charge of a library, subsection (4) 
does not apply to or in relation to the copy unless: 
(a) in a case where the principal purpose of the library is to 
provide library services for members of a Parliament-the 
copy is so su pplied for the purpose of assisting a person who is 
a member of that Parliament in the performance of the per­
son's duties as such a member; or 
(b) as soon as practicable after the request under subsection (1) 
relating'to the copy is made, an authorized officer of the 
library makes a declaration: 
(i) setting out particulars of the request (including the 
purpose for which the copy was requested); and IPINIl! AUS/1/ Add. 1 
Page 56 
Copynght Act 1968 
s. 51 
(i i) statt n g that, after reasonab le i nvesti gation. the au­
thonzed officer is satisfied that a copy (not bei ng a 
second-hand copy) of the work cannot be obtained 
within a reasonabie time at an ordinary commercial 
price. 
(8) Subsection (4) does not apply to a copy of, or of parts of. :: or 
more articles that are contained in the same periodical publication and 
that have been requested for the ·ame purpose unless the articles 
relate to the same subject matter. 
(9) In this section, a reference to a library shall be read as a 
reference to a library other than a library that is conducted for the 
profit, direct or indirect of an individual or individuals. and as includ­
ing a reference to archives. 
Copying of unpublished works iH libraries or archives 
51. (1) Where, at a time more than 50 years after the_ expiration of 
the calendar year in which the author of a literary, dramatic or 
musical work, or of an artistic work being a photograph or engraving, 
died. and more than 75 years after the time at which, or the expiration 
of the period during which, the work was made, copyright subsists In 
the work but: 
(a) the work has not been published; and 
(b) a copy of the work. or, in the case of a literary, dramatic or 
musical work, the manuscript of the work, is kept in the 
collection of a library or archives where it is, subject to any 
regulations governing that collection, open to public inspec­
tion; 
the copyright in the work is not infringed: 
(c) by the mak ing of a copy of the work by a person for the 
purpose of research or study or with a view to publication; or 
(d) by the making of a copy of the work by, or on behalf of, the 
officer in charge of that library or archives if the copy is 
supplied to a person who satisfies the officer in charge of that 
library or archives that he requires the copy for the purpose of 
research or study or with a view to publication and that he will 
not use it for any other purpose. . 
(2) Where a manuscript, or a copy, of a thesis or other similar 
literary work that has not been published is kept in a library of a 
university or other similar institution or in an archives, the copyright 
in the thesis or other work is not infringed by the making of a copy of 
the thesis or other work by or on behalf of the officer in charge of the C,oDyngnt Act 1968 
s.51AA IP/N/lIAUS/lIAdd.l 
Page 57 
library or archives if the cooy is supplied to a person who satisfies an 
authorized officer of the library or archives chat he requires the copy 
for the purpose of researCh or study. 
Copying of works in Australian Archives 
51AA. (1) The copyright in a work that is kept In the coJiection of 
the Australian Archives, where it is open to public inspection. is not 
infringed by the making by. or on behalf of. the officer in charge of 
the Archives: 
(a) of a single working copy of the work; 
(b) of a single reference copy of the work for su pply to the central 
office of the Archives; 
(c) on the written request for a reference copy of the work by an 
officer of the Archives in a regional office of the Archives, 
where the officer in charge is satisfied that a reference copy of 
the work has not been previously su pplied to that regional 
office-of a singie reference copy of the work for supply to 
that regional office~ 
(d) where the officer in charge is satisfied that a reference copy of 
the work supplied to a regional office of the Archives is lost. 
damaged or destroyed and an officer of the Archives in that 
regional office makes a written request for a replacement copy 
of the work-of a single replacement copy of the work for 
supply to that regional office; or 
(e) where the officer in charge is satisfied that a reference copy of 
the work supplied to the central office of the Archives is lost, 
damaged or destroyed-of a single replacement copy of the 
work for supply to that central office. 
(2) I n this section: 
"reference copy" , in relation to a work, means a copy of the work 
made from a working copy for supply to the central office, or to a 
regional office, of the Australian Archives for use by that office in 
providing access to the work to members of the public; 
"replacement copy" , in relation to a work, means a copy of the work 
made from a working copy for the purpose of replacing a reference 
copy of the work that is lost, damaged or destroyed; 
"working copy" , in relation to a work, means a copy of the work 
made for the purpose of enabling the Australian Archives to retain the 
copy and use it for making reference copies and replacement copies of 
the work. IP/N/l! ADS/1/ Add. 1 
Page 58 
CooyngntAct 1968 
Copying of works for preservation and other purposes 45 
s.51A 
51A. (1) Suhiect to subsection (4), the copyright In a work that 
forms, or formed. 'pan of the coilection of a library or archives is not 
infringed by the making, by or on behalf of the officer in charge of the 
library or archives. of a copy (including a microform copy) of the 
work: 
(a) if the work is held in manuscnpt form or is an original artistic 
work-for the purpose of preserving the manuscript or original 
artistic work, as the case may be, against loss or deterioration 
or for the purpose of research that IS being, or is to be. carned 
out at the library or archives in which the work is held or at 
another library or other archives~ 
(b) if the work is held in the coJiection in a published form but 
has been damaged or has deteriorated -for the purpose of 
replacing the work; or 
(c) if the work has been held in the collection in a published form 
but has been iost or stolen -for the pu rpose of Jeplacing the 
work. 
(2) The copyright in a work that is held in the collection of a 
library or archives is not infringed by the making, by or on behalf of 
.the officer in charge of the library or archives, for a purpose other 
than a purpose for which a copy may be made under subsection (1), of 
a single microform copy of the work so held. 
(3) Subsection (2) does not apply in relation to the making of a 
microform copy of a work held in the collection of a library or 
archives unless. as soon as practicable after the copy is made, the work 
from which the copy is made is destroyed. 
(4) Subsection (1) does not apply in relation to a work held in 
published form in the collection of a library or archives unless an 
authorized officer of the library or archives has, after reasonable 
investigation, made a declaration stating that he is satisfied that a copy 
(not being a second-hand copy) of the work cannot be obtained within 
a reasonable time at an ordinary commercial price. 
(5) Where a copy (including a microform copy) of an unpublished 
work is made under subsection (1) by or on behalf of the officer in 
charge of a library or archives for the purpose of research that is 
being, Of is to be, carried out at another library or archives, the supply 
of the copy' by or on behalf of the officer to the other librarv or 
archives does not, for any purpose of this Act, constitute the pub'lica­
tion of the work. 46 Copynght Act 1968 IPINIl! AUS/lI Add. 1 
Page 59 
s. S2 
Publication of unpublished works kept in libraries 
52. (1) Where: 
(a) a published literary, dramatic or musical work (in this section 
referred to as ·'the new work" ) incorporates the whole or a 
pan of a work (in this section referred to as "the old work" ) 
to which subsection 51 (1) applied immediately before the new 
work was published~ 
(b) before the new work was published, the prescribed notice of 
the intended publication of the work had been given; and 
(c) immediately before the new work was published., the identity 
of the owner of the copyright in the old work was not known 
to the publishers of the new work; 
then, for the purposes of this Act, the first publication of the new 
work, and any subsequent publication of the new work whether in the 
same or in an altered form, shaH, in so far as it constitutes a 
publication of the old work, be deemed not to be an infringement of 
the copyright in the old work or an unauthorized publication of the 
old work. 
(2) The last preceding subsection does not apply to a subsequent 
publication of the new work incorporating a part of the old work that 
was not included in the first publication of the new work unless: 
(a) subsection 51 (1) would, but for this section, have applied to 
that part of the old work immediately before that subsequent 
publication; 
(b) before that subsequent publication, the prescribed notice of 
the intended publication had been given; and 
(c) immediately before that subsequent publication, the identity of 
the owner of the copyright in the old work was not known to 
the publisher of that subsequent publication. 
(3) Where a work, or part of a work, has been published and, by 
virtue of this section, the publication is to be deemed not to be an 
infringement of the copyright in the work, the copyright in the work is 
not infringed by a person who, after that publication took pJace, 
broadcasts, causes to be transmitted to subscribers to a diffusion 
service, performs in public, or makes a record of, the work or that part 
of the work, as the case may be. IP/NIlIAUSIlIAdd.l 
Page 60 
CopynghtAct 1968 47 
s. S3 
Application of Division lO illustrations accompanying articles and other 
works 
53. \Vhere an article, thesis or I iterarv. J ramatic or m usicaj work 
!s accompanied by artistic works proviJeJ for the purpose of explain­
ing or illustrating the article. thesis or other work (in this section 
rererred to as "'the illustrations" ), the preceding sections of this 
Division apply as if: 
(a) where any of those sections proviJes that the copyright in the 
article, thesis or work is not infrInged-the reference to that 
copyright included a reference to an\' copyright in the illustra­
tions: 
(b) a reference in section 49, section 50, section 51 or 51 A to a 
copy of the article, thesis or work i ncl uded a reference to a 
copy of the article, theSIS or work together with a copy of the 
ill ustrations~ 
(c) a reference j n section 49 or section 50 to a copy of a pan of 
the article or work incl uded a reference to a copy of that part 
of the article or work together with a copy of the illustrations 
that were provided for the purpose of explaining or illustrating 
that pan; and 
(d) a reference in section 51 A or section 52 to the doing of any act 
in relation to the work included a reference to the doing of 
that act in relation to the work together with the illustrat,ions. 
Division 6-Recording of It-fusical Works 
Interpretation 
54. (1) For the purposes of this Division: 
(a) a reference to a musical work shall be read as a reference to 
the work in its original form or [0 an adaptation of the work; 
(b) a reference to the owner of the copyright in a li[erary, dra­
matic or musical work shall, unless the contrary intention 
appears, be read as a reference to the person who is entitled to 
authorize the making in, and the importation into. Australia of 
records of the work; and 
(c) a reference to sale of a record by retail or (0 retail sale of a 
record shall be read as not including a reference to: 
(i) sale for a consideration not consisting wholly of 
money; or 
(ii) sale by a person not ordinarily carrying on the busi· 
ness of making or selling records. ..18 Cooyngnt Act 1968 IP/N/11 AUS/1/Add.1 
Page 61 
s. ss 
(2) For the purposes of this Division, where a musical work is 
comprised partly in one record and partly in another record or other 
records, all the records shall be treated as if they constituted a single 
record. 
(3) A reference in this Division to a record of a musical work does 
not include a reference to a sound-track associated with visual images 
forming part of a cinematograph film. . 
(4) Subject to subsection (5), this Division applies to a record of a 
part of a musical work as it applies to a record of the whole work. 
(5) Section 55: 
(a) does not apply to a record of a whole work unless the previous 
record referred to in paragraph 55 (1) (a) was a record of the 
whole work; and 
(b) does not apply to a record of a part of a work unless that 
previous record was a record of that part of the work. 
Conditions upon which manufacturer may make records of musical 
work 
SS. (1) Subject to this Division, the copyright in a musical work is 
not infringed by a person (in this section referred to as "the manufac­
turer" ) who makes, in Australia. a record of the work if: 
(a) a record of the work: 
(i) has previously been made in, or imported into, Aus­
tralia for the purpose of retail sale and was so made 
or imported by, or with the licence of, the owner of 
the copyright in the work; 
(ii) has previously been made in Australia for use in 
making other records for the purpose of retail sale 
and was so made by, or with the licence of, the owner 
of the copyright in the work; 
(iii) has previously been made in~ or imported into, a 
country other than Australia for the purpose of retail 
sale. being a country that, at the time of the previous 
making or importation, was specified in the regula­
tions to be a country in relation to which this Di­
vision applies, and was so made or imported by, or 
with the licence of, the person who was. under the 
law of that country, the owner of the copyright in the 
work; or 
(iv) has previously been made in a country other than 
Australia for use in making other records for the 
purpose of retail sale, being a country that, at the 
time of the previous making, was specified in the IP/N/lIAUS/lIAdd.l 
Page 62 
COOYflgnt Act 1968 ji.) 
s.55 
regulations to be ;) countr\, In relation to which this 
Divlsi,:m applies. and was so made bv, or with the 
iicenc~ ot. the person who was. under the law of that 
country. the owner of the copvrtght ID the work: 
(b) ber;ore the maio..ing of the record. the prescnbed notice of the 
intended mal\ing of the record was gl\en to the owner of the 
copyright: 
(c) the manufacturer intends to sell the record by retail. or to 
supply it for the purpose of its being soid by retail bv a person 
other than the manufacturer. or intends to use it for making 
other records that are to be so sold or supplied~ and 
(d) where the record is so sold or supplied by the manufacturer: 
(i) the sale or supply is made with the licence of the 
owner of the copyright; and 
tii) the prescribed royalty is paid to the owner of the 
copyright: 
CA) in the manner agreed between the_manufacturer 
and the owner of the copyright Of, failing such 
agreement, determined by the Copyright Tribunal 
under section 1528; or 
(8) if no such agreement or determination is in 
force-in the manner prescribed by the regula­
tions. 
(2) The iast preceding subsection does not apply in relation to a 
record of an adaptation of a musical work if the adaptation debases 
the work. 
(3) Subparagraph (1) (d) (i) does not appiy in relation to a record 
of a work (other than a work that was made for the purpose of being 
performed, or has been performed, in association with a dramatic 
work or has been included in a cinematograph film) if the sale or 
suppiy is made after the expiration of the prescribed period after the 
earjiest of the following dates: 
(a) the date of the first making in, or the date of the first 
importation into, Australia of a previous record of the work in 
circumstances referred to in subparagraph (I) (a) (i) or (ii); 
(b) the date of the first supplying (whether by sale or otherwise) to 
the public in a country referred to in subparagraph (1) (a) (iii) 
or (iv) of a previous record of the work made in. or imported 
into: that country in circumstances referred to in that 
subparagraph. 
(4) Regulations prescribing a period for the purposes of the last 
preceding subsection may prescribe different periods in relation to 
different classes of records. 50 Copynght Act 1968 IP/NIl/ AUS/1/ Add. 1 
Page 63 
s.57 
(5) If, apart from this subsection. the amount of royalty payable in 
respect of a record under this section would be less than one cent. that 
amount of royaJty is one cent. 
(6) In this section: 
"prescribed royalty" , in relation to a record of a musical work, 
means: 
(a) such amount of royalty as is agreed between the manufacturer 
and the owner of the copyright in the work or, failing such 
agreement. as is determined by the Copyright Tribunal under 
section 152A~ or 
(b) if no such agreement or determination is in force-an amount 
equal to 6.25~'n of the retail selling price of the record. 
Provisions relating to royalty where 2 or more works are on the one 
record 
57. Where a record comprises 2 or more musical works, whether 
or not there is any other matter comprised in the record: 
(a) if the record includes a work in which copyright does not 
subsist or works in which copyrights do not subsist the royalty 
payable in respect of the record is, subject to the next succeed­
ing paragraph, the amount that bears to the amount that, but 
for this section, would be the amount of the royalty the same 
proportion as the number of works in the record in which 
copyrights subsist bears to the total number of works in the 
record; and 
(b) if the record includes 2 or more works in which copyrights 
subsist: 
(i) subject to this Division, the royalty payable in respect 
of the record shall not be less than One cent in 
respect of each work in the record in which copyright 
subsists; and 
(ii) if the owners of the copyrights in the works in the 
record in which copyrights subsist are different per­
sons there shall be paid to the owner of the copyright 
in each work, in respect of that work, an amount 
ascertained by dividing the amount of the royalty 
payable in respect of the record by the number of 
works in the record in which copyrights subsist. IP/N/1/AUS/1/Add.l 
Page 64 
CopyngntAct 1968 51 
s.59 
Conditions upon which manufacturer may incJude part of a literary or 
dramatic work in a record of a musical work 
59. (1) Where: 
(a) a rerson makes In .Australia a record comprising the perfor­
mance of 3 musical work in which words are sung, or are 
spoken incidentalh to or in aSSOCiation with the music. wheth­
er or not there is any other matter comprised in the record: 
(b) copyright does not subsist in that work or. if copyrigh t so 
subsists, the requirements specified in subsection 55 (1) are 
complied with in relation to that copYright: 
(c) the words consist or form part of a literary or dramatic work 
in which copyright subsists: 
(d) a record ot the musical work in which those words. or words 
substantially the same as those words. were sung, or were 
spoken incidentally to or in association with the music: 
(i) has previously been made in. or imported into. Aus­
tralia for the purpose of retail sale and was so made 
or imported by, or with the licence of, the owner of 
the copyright in the literary or dramatic work; 
(ii) has previously been ma<..le in Australia for use in 
making other records for the purpose of retail sale 
and was so made by, or with the licence of, the owner 
of the copyright in the literary or dramatic work: 
(iii) has previously been made in, or imported into, a 
country other than Australia for the purpose of retail 
sale, being a country that, at the time of the previous 
making or importation, was specified in the regula­
tions to be a country in relation to which this Di­
vision applies, and was so made or imported by, or 
with the licence of, the person who was, under the 
law of that country, the owner of the copyright in the 
literary or dramatic work; or 
(iv) has previously been made in a country other than 
Australia for use in making other records for the 
purpose of retail sale, being a country that, at the 
time of the previous making, was specified in the 
regulations to be a country in relation to which this 
Division applies, and was so made by, or with the 
licence of, the person who was, under the law of that 
country, the owner of the copyright in the literary or 
dramatic work; and 
(e) the like notice was given to the owner of the copyright in the 
literary or dramatic work as is required by paragraph 55 (1) 
(b) to be given to the owner of the copyright (if any) in the 52 CODynght Act 1968 IPINIl! AUS/l! Add.1 
Page 65 
s. S9 
musicai work and there IS paid to the owner of the copynght 
in the Jiterarv or dramatic work such amount (if any) as is 
ascertained in accordance with this section: 
the making of the record does not constitute an Infringement of the 
copyright in the literary or dramatic work. 
(2) Where copyright does not subsist in the musical work, the 
amount to be paid in respect of the .Iiterary or dramatic work is an 
amount equal to the royalty [hat, but for this section. would have been 
payable in respect of the musical work if copyright had subsisted in 
the musical work. 
(3) Where copyright subsists in the musical work as well as in the 
literary or dramatic work: 
(a) if the copyrights in those works are owned by the same 
person-an amount is not payable in respect of the literary or 
dramatic work; or 
(b) if the copyrights in those works are owned by different per­
sons-the royalty' that. but for this section, would have been 
payable in respect of the musical work shall be apportioned 
between them in such manner as they agree, or, in default of 
the agreement, as is determined by the Copyright Tribunal on 
the application of either of them. 
(4) Where the owner of the copyright in a musical work and the 
owner of the copyright in a literary or dramatic work do not agree on 
the manner in which an amount is to be apportioned between them 
but the person who made the record gives an undertaking in writing to 
each owner to pay to him the portion of that amount that the Tribunal 
determines to be payable to him, then: 
(a) paragraph 55 (1) (d) and paragraph (1) (e) of this section have 
effect as jf the payments referred to in those paragraphs had 
been made; and 
(b) the person who made the record is liable, when the amount to 
which an undertaking relates is determined, to pay that 
amount to the owner of the copyright to whom the undertak­
ing was given and the owner may recover that amount in a 
court of competent jurisdiction from that person as a debt due 
to the owner. 
(5) Regulations made for the purposes of paragraph 55 (1) (d) in 
relation to payments to the owner of the copyright in a musical work 
have the like effect, with any necessary modifications, for the purposes 
of paragraph (1) (e) of this section in relation to payments to the 
owner of the copyright in a literary or dramatic work. IPINIl! AUS/V Add. 1 
Page 66 
CODVrlght Act 1968 S3 
li.60 
Records made partly for retail sale and partly for gratuilous disposaJ 
60. \Vhere 3 person makes, in Australia, j number of records 
embodying the same sound recording, being 3 recording of a musical 
work or of a musical work and of words consisting or forming part of 
a literary or dramatlc work. with the intention of: 
(a) selling bv retail. or sUf1piying for sale Dv ret;:l1l bv another 
person. a substantial proportion of the records (in this section 
referred to as ··the records made for retail sale" ); and 
(b) disPosing £ratuitouslv of the remainder of the records or 
su pplying t-he remainder of the records for gratuitous disposal 
by another person; 
this Division applies in relation to the records other than the records 
made for retail sale as if: 
(c) those records had been made with the intention of selling 
them bv retail or of supplying them for sale by retail by 
another person; _ 
(d) the gratuitous disposal of those records by the maker of the 
records, or the supplying of those records by the maker of the 
records for gratuitous disposal by another person, were a sale 
of the records by retail; and 
(e) the retail seJling price of those records were the same as the 
retail selling price of the records made for retail sale. 
Making inquiries in reJation to previous records 
61. Where: 
(a) a person makes inquiries, as prescribed, for the purpose of 
ascertaining whether a record of a musical work, or a record 
of a musicai work in which words consisting or forming part of 
a literary or dramatic work were sung or spoken, has pre­
viously been made in, or imported into, Australia by, or with 
the licence of, the owner of the copyright in the musical work 
or in the literary or dramatic work, as the case may be, for the 
purpose of retail sale or for use in making other records for 
the purpose of retail sale; and 
(b) an answer to those inquiries is not received within the pre-
scribed period; 
a record of that musical work. or a record of that work in which those 
words were s,ung or spoken, as the case may be, shall, for the purposes 
of the application of this Division: 
(c) in relation to the person who made the inquiries; or 
(d) in relation to a person who makes records of the musical 
work, or records of that work in wh ich those words or substan­
tialy the same words are sung or spoken, for the purpose of 54 
s.64 Cooyngnt Act 1968 IP/N/l/AUSIlIAdd.l 
Page 67 
supplying those records to the person who made tne Inqulnes 
in pursuance of 3n Jgreement entered into between those 
persons for the mak.ing of the records: 
be taken to have been preVlousiy made in, or imported into, Australia 
with the licence of the owner of that copyright for the purpose of retail 
sale or for use in making other records for the purpose of retail sale, 
as the case may be. 
Sections SS and 59 to be disregarded in determining whether an 
infringement has been committed by the importation of records 
64. For the purpose of any provision of this Act relating to 
imported articles, in determining whether the making of a record 
made outside Australia would have constituted an infringement of 
copyright if the record had been made in Australia by the importer, 
sections 55 and 59 shall be disregarded. 
Division 7 -Acts not Constituting Infringements of Copyright in Artistic 
Works 
Sculptures and certain other works in public places 
65. (1) This section applies to sculptures and to works of artistic 
craftsmanship of the kind referred to in paragraph (c) of the definition 
of "artistic work" in section 10. 
(2) The copyright in a work to which this section applies that is 
situated, otherwise than temporarily, in a public place, or in premises 
open to the public, is not infringed by the making of a painting, 
drawing, engraving or photograph of the work or by the inclusion of 
the work in a cinematograph film or in a television broadcast. 
Buildings and models of buildings 
66. The copyright in a building or a model of a building is not 
infringed by the making of a painting, drawing, engrav;ng or photo­
graph of the building or model or by the inclusion of the building or 
model in a cinematograph film or in a television broadcast. 
Incidental filming or televising of artistic works 
67. Without prejudice to the last two preceding sections. the 
copyright in an artistic work is not infringed by the inclusion of the 
work in a cinematograph film or in a television broadcast if its 
inclusion in the film or broadcast is only incidental to the principal 
matters represented in the film or broadcast. IPINIl! AUSIlI Add. 1 
Page 68 
CODynght Act 1968 55 
s.68 
Publication of artistic works 
68. The COPYrIght In dn artistic work 15 not infringed by the 
publication of a painting, Jrawing, engraving, photograph or cinemato­
graph film if. by vinue of section b5, section bb or section 67. the 
making of that painting, drawing, engraving, photograoh or film did 
not constitute an Infringement ot the copynght. 
Artistic works transmitted to subscribers to a diffusion service 
69. Sections 65, 66 and 67 apply in relation to a television 
programme that is caused to be transmitted to subscnbers to a diffu­
sion service in like manner as they apply in relation to a television 
broadcast. 
Reproduction for purpose of including work in television broadcast 
70. (1) Where the i nc1 usion of an artistic work in a television 
broadcast made by a person wou Id not (whether by reason of an 
assignment or I icence or of the operation of a provision of this Act) 
constitute an infringement of copyright in the work but the making by 
the person of a cinematograph film of the work would. apart from this 
subsection, constitute such an infringement. the copyright in the work 
is not infringed by his mak ing such a film solely for the purpose of the 
inclusion of the work in a television broadcast. 
(2) The last preceding subsection does not apply in relation to a 
film if a copy of the film is used for a purpose other than: 
(a) the inclusion of the work in a television broadcast in cir­
cumstances that do not (whether by reason of an assignment or 
licence or of the operation of a provision of this Act) con­
stitute an infringement of the copynght in the work~ or 
(b) the making of further copies of the film for the purpose of the 
inclusion of the work in such a broadcast. 
(3) Subsection (1) does not apply in relation to a film where a 
copy of the film is used for the purpose of the inclusion of the work in 
a television broadcast made by a person who is not the maker of the 
film unless the maker has paid to the owner of the copyright in the 
work such amount as they agree or, in default of agreement, has given 
an undertaking in writing to the owner to pay to him such amount as 
is determined by the Copyright Tribunal, on the application of either 
of them, to be equitable remuneration to the owner for the making of 
the film. 
(4) A person who has given an undertaking referred to in the last 
preceding subsection is liable, when the Copyright Tribunal has deter­
mined the amount to which the undertaking relates. to pay that 56 
s.72 :;Qoyngnt Act 1968 IP/N/l/AUS/l/Add.l 
Page 69 
amount to the owner of the cOPyrtght in the work and the owner may 
recover that amount in .] court of competent JUrIsdiction from the 
person as a debt due to the owner. 
(5) Subsection (1) does not apply in relation to a film unless. 
before the expiration of the period of 12 months commencing on the 
day on which any of the copies of the film is first used for Including 
the work in a television broadcast in accordance with that subsection, 
or before the expiration of such further period. if any, as is agreed 
between the maker of the film and the owner of the copyright in the 
work, all the copies of the film are destroyed or are d~ljvered. with the 
consent of the Director-General of the Australian 'Archives, to the 
Australian Archives. 
(6) The Director-General of the Australian Archives shall not 
consent to the delivery to the Australian Archives in accordance with 
subsection (5) of a copy of a film unless he has certified that the film 
is of an exceptional documentary character. 
Reproduction of part of work in later work 
72. (I) The copyright in an artistic work is not infringed by the 
making of a later artistic work by the same author if, in making the 
later work, the author does not repeat or imitate the main design of 
the earlier work. 
(2) The last preceding subsection has effect notwithstanding that 
part of the earlier work is reproduced in the later work and that. in 
reproducing the later work. the author used a mould, cast. sketch, 
plan, model or study made for the purposes of the earlier work. 
Reconstruction of buildings 
73. (1) Where copyright subsists in a building, the copyright is 
not infringed by a reconstruction of that building. 
(2) Where a building has been constructed in accordance with 
architectural drawings or plans in which copyright subsists and has 
been so constructed by, or with the licence of. the owner of that 
copyright. that copyright is not infringed by a later reconstruction of 
the building by reference to those drawings or plans. IP/N/lI AUS/V Add. 1 
Page 70 
CCD vnght Act 1968 
Dil-'ision 8 -Designs 57 
s.74 
Corresponding design 
74. In this Division: 
·'corresponding design:' , in relation to ;.in :.HtIStIC work, means a design 
that, when applied to an article, results in a reproduction of that work, 
but does not include 3 desIgn consisting solely of features of two­
dimensional pattern or ornament applicable to a surface of an article. 
Copyright protection where corresponding design registered 
75. Subject to section 76, where copyright subsists in an artIstIC 
work (whether made before the commencement of this section or 
otherwise) and a corresponding design is or has been registered under 
the Designs Act 1906 on or after that commencement, it is not an 
infringement of that copyright to reproduce the work by applying that, 
or any other, corresponding design to an article. 
False registration of industrial designs 
76. (1) This sectIon has effect where: 
(a) copyright subsists in an artistic work and proceedings are 
brought under this Act in relation to that work; 
(b) a corresponding design has been registered under the Designs 
Act 1906-/968 and the monopoly in the design that subsisted 
by virtue of that registration had not expired by effluxion of 
time before the commencement of those proceedings; and 
(c) it is established in those proceedings that the person registered 
as [he owner of the design was not the owner of the design for 
the purposes of the Designs Act /906-/968 and was so regis­
tered without the knowledge of the owner of the copyright in 
the artistic work. 
(2) Subject to the next succeeding subsection, for the purposes of 
the proceedings referred to in the last preceding subsection: 
(a) the deSIgn shall be deemed never to have been registered 
under the Designs Act 1906-/968; 
(b) the last preceding section does not apply in relation to any­
thing done in respect of the design; and 
(c) notrying in the Designs Act 1906-/968 constitutes a defence. 
(3) Notwithstanding anything in the last preceding subsection, if in 
the proceedings it is established that an act to which the proceedings 
reiate: 58 CODynghtAct 7968 IP/N/I/AUSIlIAdd.l 
Page 71 
s.77 
(a) was done by an assignee of, or under a licence granted by, the 
person registered as the owner of the design; and 
(b) was so done in good faith in reliance upon the registration and 
without notice of any proceedings for the cancellation of the 
registration or for rectifying the entry in the Register of De­
signs in relation to the design; 
the last preceding section applies in relation to that act for the 
purposes of the first-mentioned proceedings. 
Application of artistic works as industrial designs without registration 
of the designs 
77. (1) This section applies where: 
(a) copyright subsists in an artistic work (other than a building or 
a model of a building, or a work of artistic craftsmanship) 
whether made before the commencement of this section or 
otherwise; 
(b) a corresponding design is applied industrially, whether in 
Australia or elsewhere, by or with the licence of the owner of 
the copyright in the work in the place where the industrial 
application happens; 
(c) at any time on or after the commencement of this section, 
articles to which the corresponding design has been so applied 
(in this section called "articles made to the corresponding 
design" ) are sold, let for hire or offered or exposed for sale or 
hire, whether in Australia or elsewhere; and 
(d) at that time, the corresponding design is not registrable under 
the Designs Act 1906 or has not been registered under that 
Act. 
(2) It is not an infringement of the copyright in the artistic work to 
reproduce the work, on or after the day on which articles made to the 
corresponding design are first so sold, let for hire or offered or 
exposed for sale or hire, by applying that, or any other, corresponding 
design to an article. 
(3) This section does not apply in relation to any articles in 
respect of which, at the time when they were sold, let for hire or 
offered or exposed for sale or hire, the corresponding design con­
cerned was excluded from registration by regulations made under the 
Designs Act 1906. and, for the purposes of any proceedings under this 
Act, a design ~hal1 be conclusively presumed to have been so excluded 
if: 
(a) before the commencement of the proceedings, an application 
for the registration of the design under that Act in respect of 
those articles had been refused; IP/N/1/AUS/1/Add.l 
Page 72 
Coo¥ngnt Act 1968 
(b) the reason. or one ot the reasons. given for the refusal was lnJl 
the deSIgn was excluded from regIstration under that Act b\ 
regulatio~ns made under that Act: and 
(c) when the proceedings 'Were commenced. no appeal against the 
refusal had been allowed or was pending. 
(~) The regulations may specif" the circumstances in whlcn .J 
design is, for the purposes of thIS section. to be taken to be applied 
ind ustrially. 
Division 9-~Vorks of joint Authorship 
References to all of joint authors 
78. 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 aJl the 
authors of the work. 
References to anyone or more of joint authors 
79. The references in section 32. and in subsection 34 (2) to the 
author of a work shall. in relation to a work of joint authorship, be 
read as references to anyone or more of the authors of the work. 
References to whichever of joint authors died last 
80. The references in sections 33 and 51 to the author of a work 
shall. in relation to a work of joint authorship other than a work to 
which the next succeeding section applies, be read as references to the 
author who died last. 
Works of joint authorship published under pseudonyms 
81. (1) This section applies 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 also applies 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 50 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. 
(3) The references in sections 33 and 51 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 Of, if the identity 
of 2 or more of the authors was disclosed, as references to whichever 
of those authors died last. 60 CopynghtAct 1968 lP/NIl! AUS/!/ Add.! 
Page 73 
s.82 
(4) For the purposes of this section. the Identity of an author shaH 
be deemed to have been disclosed if: 
(a) one of the names under which the work was published was the 
name of that author: or 
(b) the identitv of that author is generally known or can be 
ascertained by reasonable inquiry. 
Copyright to subsist in joint works without regard to any author who is 
an unqualified person 
82. (1) Subsection 35 (2) has 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 the last preceding subsection, 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. 
Inclusion of joint works in collections for use in places of education 
83. The reference in subsection 44 (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 anyone or 
more of the authors of the extract concerned. or by anyone or 
more of those authors in coHaboration with any other person. 
PART IV-COPYRIGHT IN SUBJECT-MAITER OTHER THAN 
WORKS 
Division 1-Preliminary 
Interpretation 
84. In this Part, "quaJified person" means: 
(a) an Australian citizen. an Australian protected person or a 
person (other than a body corporate) resident in Australia; or 
(b) a body corporate incorporated under a law of the Cammon­
weahh or of a State. IP/N/l! ADS/l! Add. 1 
Page 74 
COPVrlght Act 7968 61 
s. 85 
Division .2 -:'Vature of Copyright in Subject-Alalter other than »'orks 
~ature of copyright in sound recordings 
85. For the purposes of this Act. unless the contrary intention 
appears. copyright. in relation to a sound recording, is the excl usive 
rIght to do ail or anv of the following acts: 
(a) to mai-.e a copy of the sound recording: 
(b) to C3use the recording to be heard in puolic~ 
(c) to broadcast the recording. 
~ature of copyright in cinematograph films 
86. For the purposes of this Act. unless the contrary intention 
appears, COp~'TIght, in relation to a cinematograph film, is the excl usive 
right to do all or any of the foHowing acts: 
(a) to make a copy of the film: 
(b) to cause the film, in so far as it consists of visual images, to be 
seen in public: 
(c) to broadcast the film: 
(d) to cause the film to be transmitted to subscribers to a diffusion 
servIce. 
~ature of copyright in television broadcasts and sound broadcasts 
87. For the purposes of this Act, unless the contrary intention 
appears, copyright. in relation to a television broadcast or sound 
broadcast, is the exc1 usive right: 
(a) in the case of a television broadcast in so far as it consists of 
visual images- to make a cinematograph film of the broadcast, 
or a copy of such a film: 
(b) in the case of a sound broadcast, or of a television broadcast in 
so far as it consists of sounds-to make a sound recording of 
the broadcast. or a copy of such a sound recording; and 
(c) in the case of a television broadcast or of a sound broad­
cast-to re-broadcast it. 
~ature of copyright in published editions of works 
88. For the purposes of this Act, unless the contrary intention 
appears, copyright, in relation to a published edition of a literary, 
dramatic, musical or artistic work or of two or more literary, dramatic, 
musical or artistic works. is the exclusive right to make, by a means 
that includes a photographic process, a reproduction of the edition. 62 Copyright Act 1968 IP/N/1/AUS/1/Add.l 
Page 75 
s.89 
Division 3 -Subject-Matter, other than l-forks. in which Copyright Subsists 
Sound recordings in which copyright subsists 
89. (1) Subject to this Act, copyright subsists in a sound recording 
of which the maker was a qualified person at the time when the 
recording was made. 
(2) Without prejudice to the last preceding subsection, copyright 
subsists, subject to this Act, in a sound recording if the recording was 
made in Australia. 
(3) Without prejudice to the last two preceding subsections, 
copyright subsists. subject to this Act, in a published sound recording 
if the first publication of the recording took place in Australia. 
Cinematograph films in which copyright subsists 
90. (1) Subject to this Act, copyright subsists in a cinematograph 
film of which the maker was a qualified person for the whole or a 
substantial part of the period during which the film was made. 
(2) Without prejudice to the last preceding subsection, copyright 
subsists, subject to this Act. In a cinematograph film if the film was 
made in Austraiia. 
(3) Without prejudice to the last two preceding subsections, 
copyright subsists. subject to this Act, in a published cinematograph 
film if the first publication of the film took place in Australia. 
Television broadcasts and sound broadcasts in which copyright subsists 
91. Subject to this Act, copyright subsists: 
(a) in a television broadcast made from a place in Australia by: 
(i) the Australian Broadcasting Corporation; 
(ii) the Special Broadcasting Service Corporation; or 
(jii) any prescribed person, being a person who is, at the 
time when the broadcast is made, the holder of a 
transmitter licence or a temporary permit in force 
under the Radiocommllnicalions Act 1983; 
(b) in a television broadcast made from a place in Australia 
pursuant to a licence or permit granted under the Broadcast­
ing Act 1942 by the holder of the licence or permit; 
, (c) in a sound broadcast made from a place in Australia by: 
(i) the Australian Broadcasting Corporation; 
(ii) the Special Broadcasting Service Corporation: or lP/NIl! AUS/l! Add. 1 
Page 76 
COpYright Act 1968 03 
s.92 
(iiil any prescribed person. beIng a person who is, at the 
time when the broadcast is made, the holder of a 
transmitter licence or a temporary permit in force 
under the Radiocommunicallons Act 1983; and 
(d) in a sound broadcast made from a place in Australia pursuant 
to a iicence or permit granted under the Broadcasting ACl 
1942 bv the holder of the licence or permit. 
Published editions of works in which copyright subsists 
92. (1) Subject to this Act. copyright subsists in a published 
edition of a literar~', dramatic. musical or artistic work, or of 2 or more 
literary, dramatic. musical or artistic works, where: 
(a) the first publication of the edition took place in Australia; or 
(b) the publisher of the edition was a qualified person at the date 
of the first publication of the edition. 
(2) The last preceding subsection does not appjy to ?n edition that 
reproduces a previous edition of the same work or works. 
Division 4-Duration of Copyright in Subject-Matter other than Works 
Duration of copyright in sound recordings 
93. Copyright subsisting in a sound recording by virtue of this Part 
continues to subsist until the expiration of 50 years after the expiration 
of the calendar year in which the recording is first published. 
Duration of copyright in cinematograph films 
94. (1) Copyright subsisting in a cinematograph film by virtue of 
subsection 90 (1) or (2) continues to subsist until the film is published 
and, after the publication of the film, until the expiration of 50 years 
after the expiration of the calendar year in which the film was first 
published. 
(2) Copyright subsisting in a cinematograph film by virtue only of 
subsection 90 (3) continues to subsist until the expiration of 50 years 
after the expiration of the caJendar year in which the film was first 
published. 
Duration of copyright in television broadcasts and sound broadcasts 
95. (1), Copyright subsisting in a television broadcast or sound 
broadcast by virtue of this Part continues to subsist until the expiration 
of 50 years after the expiration of the calendar year in which the 
broadcast was made. 64 CopynghtAct 7968 IP/N/I/AUS/V Add. 1 
Page 77 
s.96 
(2) I n so far 3S 3 television broaacast or sound broadcast is a 
repetition (whether the first or a subsequent repetition) of a previous 
television broadcast or sound broadcast to which section 91 applies. 
and is made by broadcasting visual images or sounds embodied in any 
article or thing: 
(a) if it is made before the expiration of the period of 50 years 
after the expiration of the cajendar year in which the previous 
broadcast was made-any copyright subsisting in it expires at 
the expiration of that period: and 
Cb) if it is made after the expiration of that period -copyright does 
not subsist in it by virtue of this Part. 
Duration of copyright in published editions of works 
96. Copyright subsisting in a published edition of a work or works 
by virtue of this Part continues to subsist until the expiration of 2S 
years after the expiration of the calendar year in which the edition was 
first published. 
Division 5 -Ownership of Copyright in Subject-~Iatler other than Works 
Ownership of copyright in sound recordings 
97. (1) This section has effect subject to Parts VII and X. 
(2) Subject to the next succeeding subsection, the maker of a 
sound recording is the owner of any copyright subsisting in the 
recording by virtue of this Part. 
(3) \Vhere: 
(a) a person makes, for valuable consideration, an agreement with 
another person for (he making of a sound recording by the 
other person: and 
(b) the recording is made in pursuance of the agreement; 
the first-mentioned person is, in the absence of any agreement to the 
contrary, the owner of any copyright subsisting in the recording by 
virtue of this Part. 
Ownership of copyright in cinematograph films 
98. (1) This section has effect subject to Parts VII and X. 
(2) Subject to the next succeeding subsection, the maker of a 
cinematograph film is the owner of any copyright subsisting in the film 
by virtue of this Part. IP/N/l/AUS/l/Add.l 
Page 78 
CoPVnght Act 7968 
s.99 
(3) \Vhere: 
(a) 3 person ma"es. for valuable consideration. an agreement wilh 
another person for the making of a cinematograph film by the 
other person: and 
(b) tne film is made in pursuance of the agreement: 
the first-mentioned person is. in the absence of any agreement to the 
contrary. the owner of any copyright subsIsting in the film by virtue of 
this Pan. 
Ownership of copyright in television broadcasts and sound broadcasts 
99. Subject to Pans VII and X: 
(a) the Australian Broadcasting Corporation is the owner of anv 
copyright subsisting in a television broadcast or sound broad­
cast made by it; 
(aa) che Special Broadcasting Service Corporation is the owner of 
any copyright subsisting in a television broadcast or sound 
broadcast made by it~ and 
(b) a person who is or has been a holder of a licence or permit 
granted under the Broadcasting Act 1942 or a prescribed 
person for the purposes of subparagraph 91 (a) (iii) or 91 (c) 
(iii) is the owner of any copyright subsisting in a television 
broadcast or sound broadcast, as the case may be, made by 
that person. 
Ownership of copyright in published editions of works 
100. Subject to Parts VII and X, 'the publisher of an edition of a 
work or works is the owner of any copyright subsisting in the edition 
by virtue of this Part. 
Division 6-lnfringement of Copyright in Subject-Matter other than Works 
Interpretation 
100A. In this Division, uaudio-visual item" means a sound record­
ing, a cinematograph film, a sound broadcast or a television broadcast. 
Infringement by doing acts comprised in copyright 
101. (l) Subject to this Act, a copyright subsisting by virtue of this 
Pan is infringed by a person who, not being the owner of the 
copyright, and without the licence of the owner of the copyright, does 
in Australia, or authorizes the doing in Australia of, any act comprised 
in the copyright. 66 Copyrtghl Act 7968 IP/N/lIAUS/1/Add.l 
Page 79 
s. 102 
(2) The next two succeeding sections do not affect the generality of 
the last preceding subsectIon. 
(3) Subsection (1) appiies in relation to an act done in relation to 
a sound recording whether the act is done by directly or indirectJy 
making use of a record embodying the recording. 
(4) Subsection (1) applies in relation to an act done in relation to 
a television broadcast or a sound broadcast whether the act is done by 
the reception of the broadcast or by making use of any article or thing 
in which the visual images and sounds comprised in the broadcast 
have been embodied. 
Infringement by importation for sale or hire 
102. Subject to section 112A, a copyright subsisting by virtye of 
this Part is infringed by a person who, without the licence of the owner 
of the copyright, imports an article into Australia for the purpose of: 
(a) seiling, letting for hire. or by way of trade offering or exposing 
for sale or hire, the article; 
(b) distributing the article: 
(i) for the purpose of trade; or 
(ii) for any other purpose to an extent that will affect 
prejudicially the owner of the copyright; or 
(c) by way of trade exhibiting the article in public;' 
if the importer knew, or ought reasonably to have known, that the 
making of the article would. it the article had been made in Australia 
by the im porter, have constituted an infringement of the copyright. 
Infringement by sale and other dealings 
103. (1) Subject to section 112A, a copyright subsisting by virtue 
of this Part is infringed by a person who, in Australia, and without the 
licence of the owner of the copyright: 
(a) sells. lets for hire, or by way of trade offers or exposes for sale 
or hire, an article; or 
(b) by way of trade exhibits an article in public; 
if the importer knew, or ought reasonably to have known, that the 
making of the article constituted an infringement of the copyright or, 
in the case of ,an imported article, would, if the articJe had been made 
in Australia by the importer, have constituted an infringement of the 
copyright. 
(2) For the purposes of the last preceding subsection, the distribu­
tion of any articles: 
(a) for the purpose of trade: or IPINIl! AUS/lI Add. 1 
Page 80 
COOVflghtAct 7968 
s. 163A 
(b) for any other purpose to an extent that affects prejudicially the 
owner of the copyright concerned: 
shall be taken to be the SJle of those articles. 
Fair dealing for purpose of criticism or review 
l03A. A fair dealing with an audio-vIsual item does not constitute 
an infringement of the copyright in the item or In any work or other 
audio-visual item included in the item if it is for the purpose of 
crIticism or review. ~hether of the first-mentioned audio-visual item. 
another audio-visual item or a work. and a sufficient acknowledgement 
of the first-mentioned audio-visual item is made. 
Fair dealing for purpose of reporting news 
103B. (1) A fair dealing with an audio-visual item does not 
constitute an infringement of the copyright in the item or in any work 
or other audio-visual item included in the item if: 
(a) it is for the purpose of. or is associated with, the reporting of 
news in a newspaper, magazine or similar periodical and a 
sufficient acknowledgement of the first-mentioned audio-visual 
item is made: or 
(b) it is for the purpose of. or is associated with, the reporting of 
news by means of broadcasting or in a cinematograph film. 
(2) This section applies where an audio-visual item being a 
cinematograph film is caused to be transmitted to subscribers to a 
diffusion service in like manner as it applies where such an item is 
broadcast. 
Fair dealing for purpose of research or study 
103C. (1) A fair dealing with an audio-visual item does not 
constitute an infringement of the copyright in the item or in any work 
or other audio-visual item included in the item if it is for the purpose 
of research or study. 
(2) For the purposes of this Act, the matters to which regard shall 
be had in determining whether a dealing with an audio-visual item 
constitutes a fair dealing for the purpose of research or study include: 
(a) the purpose and character of the dealing; 
(b) the nature of the audio-visual item; 
(c) the possibility of obtaining the audio-visual item within a 
reasonable time at an ordinary commercial price; 
(d) the effect of the dealing upon the potential market for. or 
value of, the audio-visual item: and 08 CooyngnrAct 1968 IP/N/lIAUS/lIAdd.l 
Page 81 
s. 104 
(e) 10 3 case wnere part only of :he .:luolo-visual item is 
copied -the Jmount and substantiality of the part copied taken 
in relation to the whole Item. 
Acts done for purposes of judicial proceeding 
104. A copyright subsisting by virtue of this Pan is not infringed 
by anything done: 
(a) for the purpose of a judicial proceeding or a repon of a 
judiciai proceeding; 
(b) for the pu rpose of seek i ng professional ad vice from a legal 
practitioner or patent attorney; or 
(c) for the purpose of, or in the course of, the giving of profes­
sional advice by a legal practitioner or patent attorney. 
Acts done by Parliamentary libraries for members of Parliament 
I04A. A copyright subsisting by virtue of this Part is not infringed 
by anything done, for the sole purpose of assisting a person who is a 
member of a Parliament in the performance of the person's duties as 
such a member, by an authorized officer of a library, being a library 
the principal purpose of which is to provide library services for 
members of that Parliament. 
Copyright in certain recordings not infringed by causing recordings to 
be heard in public or broadcast 
105. Copyright subsisting in a sound recording by virtue only of 
subsection 89 (3) is not infringed by the causing of the recording to be 
heard in public or by the broadcasting of the recording. 
Causing sound recording to be heard at guest house or club 
106. (1) Where a sound recording is caused to be heard in public: 
(a) . at premises where persons reside or sleep, as part of the 
amenities provided exclusively for residents or inmates of the 
premises or for those residents or inmates and their guests~ or 
(b) as part of the activities of, or for the benefit of, a club, society 
or other organization that is not established or conducted for 
profit and the principal objects of which are charitable or are 
ocherwise concerned with (he advancement of religion, educa­
tion or s~cial weifare~ 
the act of causing the recording to be so heard does not constitute an 
infringement of the copyright in the recording. IP/N/I/ AUS/I/ Add. I 
Page 82 
Coo~;/gnt Act 1968 
(1) The last preceulng SUDScCtlon uoes not applv: s. 107 
{3J in relation to premises or" 3 i--Ind reterred t.o In paragraph (3; 
of that subsection. if 3 soeclcic charge is made for admission to 
the part of the premises wnere [he recording is to be heard; or 
(b) in relation to an org3nlZatlOn of ;3 kind referred to in para­
graph (b) of that subsection. It" J chJrge IS made for admission 
to the place where the ;ecoroing IS to be heard Jnd any of the 
proceeds of the charge are JPplied otherwise than for the 
purposes of the organlz3lion. 
(3) A reference in the :Jst preceding subsection to a speculc 
charge, or a charge, made for admission includes a reference to a 
specific charge, or a charge, made partly for admission and partly for 
other purposes. 
~laking of a copy of the sound recording for purpose of broadcasting 
107. (1) Where the broadcasting by a person of a sound recording 
would not (whether by reason of an assignment or licence or of the 
operation of a provision of this Act) constitute an infringement of the 
copyright in the recording but the making by the person of a copy of 
the sound recording would, apart from this subsection, constitute such 
an infringement, the copyright in the recording is not infringed by his 
making a copy of the sound recording in association with other matter 
solely for the purpose of the broadcasting of the recording in associ­
ation with the other matter. 
(2) The last preceding subsection does not apply in relation to a 
copy of a sound recording if the copy is used for a purpose other than: 
(a) the broadcasting of the recording in circumstances that do not 
(whether by reason of an assignment or licence or of the 
operation of a provision of this Act) constitute an infringement 
of the copyright in the recording; or 
(b) the making of further copies of the sound recording for the 
purpose of the broadcasting of the recording in such cir­
cumstances. 
(3) Subsection (1) does not apply in relation to a copy of a sound 
recording where the copy is used for the purpose of the broadcasting 
of the recording by a person who is not the maker of the copy unless 
the maker has paid to the owner of the copyright in the recording such 
amount as they agree or, In default of agreement, has given an 
undertaking in writing to the owner to pay to him such amount as is 
determined by the Copyright Tribunal, on the application of either of 
them. ['0 be equitable remuneration to the owner for the making of the 70 CODVTlghtAcl1968 IP/NIl/ AUS/1/ Add.! 
Page 83 
s. 108 
(4) A person who has given an undertaking referred to in the last 
preceding subsection IS liable. when the Copyright Tribunal has deter­
mined the amount to wnicn the undertaking relates, to pay that 
amount to the owner or" the copyright in the recording and the owner 
may recover that amount in a court oi competent jurisdiction from the 
person as a debt due to the owner. 
(5) Subsection (1) does not apply in relation to a copy of a sound 
recording unless, before the expiration of the period of 12 months 
commencing on the day on 'V. hich any of the copies made in accor­
dance with that subsection is first used for broadcasting the recording 
in accordance with that subsection, or before the expiration of such 
further period, if any, as is agreed between the maker of the copy and 
the owner of the copyright in the recording, all the copies made in 
accordance with that subsectIon are destroyed or are delivered, with 
the consent of the Director-General of the Australian Archives, to the 
Australian Archives. 
(6) The Director-General of the Australian Archives shall not 
consent to the delivery [0 the Australian Archives in accordance with 
subsection (5) of a copy of a sound recording unless he has certified 
that the recording is of an exceptional documentary character. 
Copyright in published recording not infringed by public performance 
if equitable remuneration paid 
108. (1) The copyright in a sound recording that has been 
published is not infringed by a person who causes the recording to be 
heard in public if: 
(a) the person has paid to the owner of the copyright in the 
recording such amount as they agree or, in default of agree­
ment, has given an undertaking in writing to the owner to pay 
to him such amount as is determined by the Copyright Tribu­
nal, on the application of either of them, to be equitable 
remuneration to the owner for the causing of the recording to 
be heard in public; and 
(b) in the case of a recording that was first published outside 
Australia-the recording has been published in Australia or 
the prescribed period after the date of the first publication of 
the recording has expired. 
(2) A person who has given an undertaking referred to in the last 
preceding subsection is liable, when the Copyright Tribunal has deter­
mined the amount to which the undertaking relates, to pay that 
amount to the owner of the copyright in the recording and the owner 
may recover that amount in a court of competent jurisdiction from the 
person as a debt due to the owner. IP/NIlIAUSlllAdd.i 
Page 84 
CCD¥ngnr Act 1 968 
:!!. 109 
(3) Regu!atIons prescrIolng a oeflod for the purposes ot paragf3ph 
( I) (b) may prescri be ci 1 fferen t periods 1 n relalion to different classes 
of sound recordings. 
Copyright in published sound recording not infringed 13y l1roadcasl in 
certain circumstances 
109. (1) Subject to this section. we copyright in a published sound 
recording is not infringed by the making of a broadcast of that 
recording if: 
~a) where there is no order or the Tribunal in force under sectlon 
152 applying to the maker of that broadcast in relation to the 
time when that broadcast 'Was made -the maker of that broad­
cast has given an undertak ing in writing to the person who is 
the owner of the copyright in that recording to pay to him 
such amounts (if any) as may be specified in. or determined in 
accordance with. an order of the Tribunal made under that 
section in respect of the broadcasting by the maker. during a 
period within which that broadcast was made.-of published 
sound recordings in which the copyrights are owned by that 
person and which include that recording; or 
(b) where there is an order of the Tribunal in force under that 
section appiying to the maker of that broadcast in relation to 
the time when that broadcast was made: 
(i) the copyright in that recording is owned by a person 
who is specified in the order as one of the persons 
among whom the amount specified in, or determined 
in accordance with. the order is to be divided and the 
maker of the broadcast makes payments to the person 
in accordance with the order; or 
(ii) the copyright in that recording is owned by a person 
who is not so specified in the order. 
(2) The last preceding subsection does not apply in relation to a 
broadcast of a sour:ld recording if the broadcast was made in accor­
dance with an agreement between the maker of the broadcast and the 
owner of the copyright in the recording. 
(3) Subsection (1) does not apply in relation (0 a broadcast of a 
sound recording that has not been published in Australia if the 
broadcast was made before the expiration of the prescribed period 
after the date of the first publication of the recording. 
(4) Regulations prescribing a period for the purposes of the last 
preceding subsection may prescribe different periods in relation to 
different classes of sound recordings. 72 CODvnght Act 1968 lP/NIl! ADS/l/ Add. 1 
Page 85 
s. HO 
(5) Subsection (1) does not 3ppiy In relation to a broadcast of a 
sound recording that has not been published in Australia if: 
(a) the recording consists of. or Includes, a musical work in which 
copyright subsists: 
(b) the musical work was made for the purpose of being per­
formed. or has been oerformed, in association with a dramatic 
work or has been included in a cmematograph film; and 
(c) records of the m usical work have not been supplied (whether 
by sale or otherwise) to the public in Australia. 
(6) For the purposes of paragraph (5) (c)~ a supplying of records 
of a musical work shall be disregarded if the supplying was done 
otherwise than by, or with the licence of, the owner of the copyright in 
the work. 
Provisions relating to cinematograph films 
110. (1) Where the visual images forming part of a cinematograph 
film consist wholly or principally of images that, at the time when they 
were first embodied in an article or thing, were means of communicat­
ing news, the copyright in the film is not infringed by the causing of 
the film to be seen or heard, or to be both seen and heard, in public 
after the expiration of 50 years after the expiration of the calendar year 
in which the principal events depicted in the film occurred. 
(2) Where, by virtue of this Part, copyright has subsisted in a 
cinematograph film. a person who. after that copyright has expired, 
causes the film to be seen or heard, or to be seen and heard, in public 
does not. by so doing, infringe any copyright subsisting by virtue of 
Part II I in a 1iterary, dramatic. musical or artistic work. 
(3) Where the sounds that are embodied in a sound-track asso­
ciated with the visual images forming part of a cinematograph film are 
also embodied in a record. other than such a sound-track or a record 
derived directly or indirectly from such a sound-track. the copyright in 
the cinematograph film is not infringed by any use made of that 
record. 
Copying of unpublished sound recordings and cinematograph films in 
libraries or archives 
1IOA. Whe're. at a time more than 50 years after the time at which, 
or the expiration of the period during which~ a sound recording or 
cinematograph film was made. copyright subsists in the sound record­
ing or cinematograph film but: IPINIl! AUS/lI Add.l 
Page 86 
Cooynght Act 1968 73 
s. 110B 
\3) tne sound recording or cinematograph film has not been 
published: and 
(b) a record embod:ving the sound recording, or a COPy of the 
cinematograph film, is kept in the collection of a library or 
archives where it is. suhject to any regulations governing th3t 
collection. accessible to the pUblic: 
the copyright in the sound recording or cinematograph film and in any 
work or other subject-matter inciuded in the sound recording or 
cinematograph film is not infringed: 
(c) by the making of a copy of the sound recording or cinemato­
graph film by a person for the purpose of research or study or 
with a yiew to publication; or 
(d) by the making of a copy of the sound recording or cinemato­
graph film by or on behalf of the officer in charge of the 
library or archives. if the copy is supplied to a person who 
satisfies the officer that he or she requires the copy for the 
purpose of research or study or with a view to publication and 
that he or she will not use jt for any other purpose. 
Copying of sound recordings and cinematograph films for preservation 
and other purposes 
110B. (1) Subject to subsection (3), where a copy of a sound 
recording, being a sound recording that forms. or formed. part of the 
collection of a library or archives, is made by or on behalf of the 
officer in charge of the library or archives: 
(a) if the sound recording is held in the collection in the form of a 
first record-for the purpose of preserving the record against 
loss or deterioration or for the purpose of research that is 
being, or is to be, carried out at the library or archives in 
which the record is held or at another library or archives: 
(b) if the sound recording is held in the collection in a published 
form but has been damaged or has deteriorated-for the pur­
pose of replacing the sound recording; or 
(c) if the sound recording has been held in the collection in a 
published form but has been lost or stolen-for the purpose of 
replacing the sound recording; 
the making of the copy does not infringe copyright in the sound 
recording or in any work or other subject-matter included in the 
sound recording. -..1 CODyrignt Act 1968 IP/N/l! ADS/l! Add. 1 
Page 87 
s. J 11 
(Z) Subject to subsection (3). where a copy of a cinematograph 
film. being a cinematograph film that forms. or formed, Dart of the 
coiJecrion of a. library or archives. is made by or on behaJf of the 
officer in charge of the library or archives: 
(a) if the cinematograph film is held in the collection in the form 
of a first copy-for the purpose of preserving the copy against 
loss or deterioration or for the purpose of research that is 
being, or is to be. carried out at the library or archives in 
which the copy is held or at another library or archives; 
(b) if the cinematograph film is held in the collection in a pub­
lished form but has been damaged or has deteriorated -for the 
purpose of replacing the cinematograph film; or 
(c) if the cinematograph film has been held in the collection in a 
published form but has been lost or stolen -for the purpose of 
repiacing the cinematograph film~ 
the making of the copy does not infringe copyright in the cinemato­
graph film or in any work or other subject-matter included in the 
cinematograph film. 
(3) Subsection (1) does not apply in relation to a sound recording, 
and subsection (2) does not apply in relation to a cinematograph film, 
held in a published form in the collection of a library or archives 
unless an authorised officer of the library or archives has, after 
reasonable investigation, made a declaration stating that he or she is 
satisfied that a copy (not being a second-hand copy) of the sound 
recording or cinematograph film, as the case may be, cannot be 
obtained within a reasonable time at an ordinary commercial price. 
(4) Where a copy of an unpublished sound recording or an 
un published cinematograph film is made under subsection (1) or (2) 
by or on behalf of the officer in charge of a library or archives for the 
purpose of research that is being, or is to be., carried out at another 
library or archives, the supply of the copy by or on behalf of the 
officer to the other library or archives does not, for any purpose of this 
Act, constitute the publication of the sound recC?rding or cinemato­
graph film or of any work or other subject-matter included in the 
sound recording or cinematograph fi1m. 
Filming or recording broadcasts for private and domestic use 
111. (1) ,The copyright in a television broadcast in so far as it 
consists of visual images is not infringed by the making of a cinemato­
graph film of the broadcast, or a copy of such a film, for the private 
and domestic use of the person by whom it is made. IP/N/1/AUS/lIAdd.l 
Page 88 
Copyngnt Act 1968 75 
s. 112 
(2) The copyright in a sound broadcast. or in a television broad­
cast in so far as it consists of sounds. is nOl infringed by the making of 
a sound recording of the broadcast. or a copy of such a sound 
recording, for the private and domestlc use of the person by whom it is 
made. 
(3) For the purposes of this section. a cinematograph film or J 
copy of such a film, or a sound recording or a copy of such a sound 
recording, shall be deemed to be made otherwise than for the private 
and domestic use of the person by whom it is made if it is made for 
the purpose of: 
(a) selling a copy of the film or sound recording, letti ng it for hire. 
or by way of trade offering or exposing it for sale or hire: 
(b) distributing a copy of the film or sound recording, whether for 
the purpose of trade or otherwise; 
(c) by way of trade exhibiting a copy of the film or sound 
recording in public; 
(d) broadcasting the film or recording; or 
(e) causing the film or recording to be seen or heard in public. 
Reproductions of editions of work 
112. The copyright in a published edition of a work or works is 
not infringed by the making of a reproduction of the whole or a part 
of that edition if that reproduction is made in the course of: 
(a) where the edition contains one work only: 
(i) a dealing with that work, being a dealing that does 
not, by virtue of section 40, 41, 42, 43 or 44, infringe 
copyright in that work; or 
(ii) the making of a copy (including a handicapped read­
er's copy or an intellectually handicapped person's 
copy) of the whole or a part of that work, being a 
copy the making of which does not. by virtue of 
section 49, 50. 51A, 135ZG, 135ZJ, 135ZK, 135ZL. 
135ZM, 135ZN, 135ZP, 135Z0, 135ZR, 135ZS. 
135ZT or 182A, infringe copyright in that work; or 
(b) where the edition contains more than one work: 
(i) a dealing with one of those works or dealings with 
some or all of those works, being a dealing that does 
not, or dealings that do not, by virtue of section 40. 
41, 42, 43 or 44, infringe copyright in that work or 
those works; or 
(ii) the making of a copy (including a handicapped read­
er's copy or an intellectually handicapped person's 
copy) of the whole or a part of one of those works or 76 CopynghtAct 7968 IP/N/1/AUS/1/Add.l 
Page 89 
s. 1I2A 
the making or cODles (Inciuding handicapped readers' 
copIes or inteilectuatly handicapped persons' copies) 
oi the whole or parts of some or all of those works. 
being a copy the making of which does not, or copies 
the making of which do not, by virtue of section 49. 
50. 51A, 135ZG. 135ZJ. 135ZK. 135ZL. 135Z!Y1. 
135ZN, 135ZP. 135ZQ, 135ZR. 135ZS, 135ZT or 
182A, infringe copyright in that work or in those 
works. 
Importation and sale etc. of books 
112A. (1) The copyright in an overseas edition first published on 
or after the commencing day, is not infringed by a person who, without 
the licence of the owner of the copyright, imports a non-infringing 
book into Australia for a purpose mentioned in paragraph 102 (a), (b) 
or (c). 
(2) Subject to this section, the copyright in: 
(a) an overseas edition first published before the commencing day; 
or 
(b) a published edition of a work, being an edition first published 
in Australia, whether before, on or after the commencing day; 
is not infringed by a person who. without the licence of the owner of 
the copyright, imports a copy (in this subsection called the "imported 
copy" ) of a hardback or paperback version of a non-infringing book 
into Australia for a purpose mentioned in paragraph 102 (a), (b) or (c) 
if: 
(c) the person had ordered in writing from the copyright owner, 
or the owner's licensee or agent, one or more copies of that 
version of the book (not being second-hand copies or more 
copies than were needed to satisfy the person's reasonable 
requirements); and 
(d) when the person ordered the imported copy, the original order 
mentioned in paragraph (c) had not been withdrawn or can­
celled by, or with the consent of, the person and: 
(i) at least 7 days had elapsed since the person placed 
the original order and the copyright owner, licensee 
or agent had not notified the person in writing that 
the original order would be filled within 90 days after 
it was placed: or 
(ii) at least 90 days had elapsed since the person placed 
the original order and the copyright owner, licensee 
or agent had not filled the order. lP/NIl! AUS/i/ Add.l 
Page 90 
CoovngtH Act 1968 
s. 112A 
(3) The cop\'flght In a publIsheJ editIon or J. work {whether (he 
edition was first pubiisheJ beiore. on or after (ne commencIng dav) is 
not infringed by a person who. ,",lthout the licence or' the owner of the 
copyright. impons a singie cop\' of :1 non-infringIng booh. into Austra­
lia if the importation is for the purpose of filling J written order. or <1 
verifiable telephone order. by <1 customer of the person and: 
la) in the case of a written order, the order contains J statement. 
signed bv the customer: or 
(b.) in the C3se uf J teiernone orJer. the customer makes J 
verifiable statement: 
(0 the effect that the customer does not Intend to use the book for a 
purpose mentioned in paragraph 102 (a), (b) or (Cl. 
(4) The copyright in a published edition of 3 work (whether the 
edition was first published before, on or after the commencing day) is 
not infringed by a person who. without the licence of the owner of the 
copYright, imports 2 or more copies of a non-infringing book into 
Australia if: 
(a) the importation is for the purpose of filling a written order. or 
a verifiable telephone order. placed with the person by or on 
behalf of a library. other than a library conducted for the 
profit (direct or indirect) of a person or organisation~ and 
(b) in the case of a written order-the order contains a statement, 
signed by the person placing the order. to the effect that the 
library does not intend to use any of the books for a purpose 
mentioned in paragraph 102 (a), (b) or (c); and 
(c) in the case of a telephone order -the person placing the order 
makes a verifiable statement to the effect referred to in para­
graph ( b); and 
(d) the number of copies so imported is not more than the 
number of copies so ordered. 
(5) Without limiting the ways in which a telephone order under 
subsection (3) or (4), or a statement under paragraph (3) (b) or (4) (c) 
relating to such an order, may be verified, such an order or statement 
is, for the purposes of this section, taken to be verifiable if the person 
who takes the order, or to whom the statement is made, makes a 
written note of the detaiis of the order or statement when, or imme­
diately after. the order is placed, or the statement is made, as the case 
may be. 
(6) \Vh,ere: 
(a) a book is imported into Australia for a purpose mentioned in 
p~ragraph i02 (a), (b) or (c); and 
,(b) trH; importation does not. under this section. constinnc an 
)t copyright in a puoli::;hed uJJtiOll cl Uf".: 78 Copynght Act 1968 IPINI l/ AUS/I/Add.l 
Page 91 
s. 113 
the use of the bOOK for any such purpose does not constitute an 
infringement of the copyright in the edition and subsection 103 (1) 
does not apply to the book. 
(7)" Subsection (2) does not apply to the importation of a copy of a 
hardback version ofa non-infringing book into Australia if the copy­
right. owner, or h is or her licensee or agent, is able to su pply in 
Australia enough copies of a paperback version of the book to fill any 
reasonable order. 
(8) For the purposes of paragraph (2) (d), a copyright owner, 
licensee or agent is not taken to have filled an order by a person for 
one or more copies of a version of a book unless and until the 
copyright owner, i icensee or agent sends the copy, or all of the copies, 
as the case requires, to the person. 
(9) In this section: 
"book" does not inciude: 
(a) a book whose main content is one or more musical works, 
with or without any related literary, dramatic or artistic work; 
or 
(b) a manual sold with computer software for use in connection 
with that software~ or 
(c) a periodical publication; 
"commencing day" means the day on which the Copyright Amendment 
Act 1991 commences; 
"overseas edition" means a published edition of a work, being an 
edition: 
(a) that was first published in a country other than Australia; and 
(b) that was not published in Australia within 30 days after its first 
publication in that other country. 
Note: An edition of a work may, for the purposes of this Act, be "firsr published" in 
Auslralia if ir is published in Australia within 30 days of an earlier publication 
elsewhere. For the meaning of "first publication" . see section 29 and. in particular, 
subsection 29 (5). 
Division 7 -Miscellaneous 
Copyrights to subsist independently 
113. (1) Subject to subsection 110 (2), where copyright subsists in 
any subject-matter by virtue of this Part, nothing in this Part shall be 
taken to affect the operation of Part III in relation to any literary, 
dramatic, musical or artistic work from which that subject-matter is 
wholly or partly derived. and any copyright subsisting by virtue of this 
Part is in addition to, and independent of, any copyright subsisting by 
virtue of Part Ill. IP/NIlIAUSIlIAdd.l 
Page 92 
CoPvnghtAct 1968 79 
s. 114 
(2) The subsistence or' copyright under jn~' pro\ l~ion of this P~.Ht 
does not affect the operation of any other pro\ iSlOn or" thIS Part unoer 
which copyright can SUDSISL 
PART V -RE~1EDIES FOR I~FRINGE:\lE~TS OF COPYRIGHT 
Division 1-Preliminary 
Interpretation 
114. (I) in tnls Part. "'action" means a proceeding of a civil 
nature between parties. ana includes a counterclaim. 
(2) In the application of this Part in relation to a counterclaim, 
references to the piaintiff and to the defendant shall be read as 
references to the defendant and to the piaintiff. respectiveiy. 
Division 2 -Actions by Owner of Copyright_ 
Actions for infringement 
115. (1) Subject to this Act, the owner of a copyright may bring 
an action for an infringement of the copyright. 
(2) Subject to this Act, the relief that a court may grant in an 
action for an infringemer.t of copyright includes an injunction (subject 
to such terms, if any, as the court thin ks fit) and either damages or an 
account of profits. 
(3) Where, in an action for infringement of copyright, it is 
established that an infringement was committed but it is also estab­
lished that, at the time ot the infringement, the defendant was not 
aware. and had no reasonable grounds for suspecting, that the act 
constituting the infringement was an infringement of the copyright, the 
plaintiff is not entitled under this section to any damages against the 
defendant in respect of the infringement. but is entitled to an account 
of profits in respect of the infringement whether any other relief is 
granted under this section or not. 
(4) Where. in an action under this section: 
(a) an infringement of copyright is established: and 
(b) the' court is satisfied that it is proper to do so. having regard 
to: 
(i) the tlagrancy of the infringement~ 
(ii) cm\' benefit shown to have accrued to the defendant 
b resson of the in , and 
(Liij J 'Jtiler (elt'\' '1n( \ lie(S~ 80 Cooynght Act 1968 lP/NIl! AUS/l/ Add.1 
Page 93 
s. 116 
the court may, in assessing Jamages for the Infringement. award such 
additional damages as it considers appropriate! n the circumstances. 
Rights of owner of copyright in respect of infringing copies 
116. (1) Subject to this Act, the owner of the copyright in a work 
or other subject-matter is entitled in respect of any infringing copy', or 
of any plate used or intended to be used for making infringing copies. 
to the rights and remedies. by way of an action for conversion or 
detention. to which he would be entitled if he were the owner of the 
copy or plate and had been the owner of the copy or plate since the 
time when it was made. 
(2) A plaintiff is not entitled by virtue of this section to any 
damages or to any other pecuniary remedy, other than costs, if it is 
established that. at the time of the conversion or detention: 
(a) the defendant was not aware, and had no reasonable grounds 
for suspecting, that copyright subsisted in the work or other 
subject-matter to which the action relates; 
(b) where the articles converted or detained were infringing 
copies-the defendant believed, and had reasonable grounds 
for bejieving, that they were not infringing copies: or 
(c) where an article converted or detained was a plate used or 
intended to be used for making articles-the defendant be­
lieved, and had reasonable grounds for believing, that the 
articles so made or intended to be made were not or would 
not be. as the case may be, infringing copies. 
Division 3 -Proceedings where Copyright is subject to Exclusive Licence 
Interpretation 
117. In this Division: 
"if the licence had been an assignment" means if, instead of the 
licence. there had been granted (subject to conditions corresponding as 
nearly as practicable with those subject to which the licence was 
granted) an assignment of the copyright in respect of its application to 
the doing. at the places and times authorized by the licence, of the acts 
so authorized; 
"the other party" means: 
(a) in reration to the owner of the copyright- the exclusive li­
censee; and 
(b) in relation to the exclusive licensee- the owner of the copy­
right. IP/NIl/ AUS/1/ Add.l 
Page 94 
':;ODVngnt Act 7968 81 
s. 118 
Application 
118. This DIVISion applies to proceedings in reiatlon to ;} copyright 
in respect of which an exciusive licence has been granted and IS In 
force at the time of the events to which the proceedIngs relate. 
Rights of exciusile licensee 
119. Subiect to the succeeding sections of this Di\lsion: 
(a) except against the owner of the copyright. the exclusive li­
censee has the same rights of actIon as he would have, and is 
entitled to the same remedies as he \'\"outd be entitled to, by 
virtue or" section 115 if the licence had been an assignment. 
and [hose rights and remedies are concurrent with the rights 
and remedies of the owner of the copyright under that section: 
(b) except against the owner of the copyright, the exclusive li­
censee has the same rights of action as he would have, and is 
entitled to the same remedies as he would be entitled to, by 
virtue of section 116 if the licence had been -an assignment: 
and 
(c) the owner of the copyright does not have any rights of action 
that he would not have, and is not entitled to any remedies 
that he would not be entitled to, by virtue of section 116 if the 
licence had been an assignment. 
Joinder of owner or exclusive licensee as a party 
120. (1) Where: 
(a) an action is brought by the owner of the copyright or by the 
exclusive licensee: and 
(b) the action, in so far as it is brought under section 115, relates, 
in whole or in pan. to an infringement in respect of which the 
owner and the licensee have concurrent rights of action under 
that sectIon: 
the owner or licensee, as the case may be. is not entitled, except with 
the leave of the court, to proceed with the action, in so far as it is 
brought under that section and relates to that lnfringement, unless the 
other pany is joined as a plaintiff in the action or added as a 
d~f('nd(lnt. 
(2) This section does not affect the grantIng of an interlocutory 
irqur1<':lion on the diJplication of the owner of the copyright or of the 
exciusive liceI1see. 82 CODynght Act 1968 IP/NIl/AUS/lIAdd.l 
Page 95 
s. 121 
Defences available against excJusive licensee 
121. In an action brought by the exclusive licensee by virtue of this 
Division. a defence unaer this Act that would have been available to a 
defendant in the acnon if the action had been brought by the owner of 
the copyright is avaliable to that defendant as against the exclusive 
licensee. 
Assessment of damages where exclusive licence granted 
122. Where an action to which section 1:;0 applies is brought and 
the owner of the copyright and the exclusive licensee are not both 
plaintiffs in the action. the court, in assessing damages in respect of an 
infringement of a kind referred to in that section~ shall: 
(a) if the plaintiff is the exclusive licensee-take into account any 
liabilities, in respect of royalties or otherwise, to which the 
licence is subject: and 
(b) whether the plaintiff is the owner of the copyright or the 
exclusive licensee-take into account any pecuniary remedy 
already awarded to the other party under section 115 in 
respect of that infringement, or any right of action exercisable 
by the other party under that section in respect of that in­
fringement, as the case requires. 
Apportionment of profits between owner and exclusive licensee 
123. Where: 
(a) an action, in so far as it is brought under section 115, relates, 
in whole or in part, to an infringement in respect of which the 
owner of the copyright and the exclusive licensee have concur­
rent rights of action under that section; and 
(b) in that action, whether the owner of the copyright and the 
exclusive licensee are both parties or not, an account of profits 
is directed to be taken in respect of that infringement; 
then, subject to any agreement of which the court is aware by which 
the application of those profits is determined as between the owner of 
the copyright and the exclusive licensee. the court shall apportion the 
profits between them in such a manner as the court considers just and 
shaH give such directions as the court considers appropriate for giving 
effect to that apportionment. IP/N/lI AUS/lI Add. 1 
Page 96 
CooyngntAct 1968 
Separate actions in reialion to the same infringement 83 
s. 124 
124. In an action brought by the owner of the copyright or by the 
exclusive licensee: 
(a) a judgment or order for the pavment of damages in respect of 
an infringement of copyright shall not be gIven or made under 
section 115 if 3 final judgment or order has been given or 
made in !3VOUr of the other pany directing an account of 
profits under that section in respect of the same infringement: 
and 
(b) a judgment or order for 3n account of profits In respect of an 
infringement of copyright shall not be given or made under 
that section if a final judgment or order has been given or 
made in favour of the other party awarding damages or direct­
ing an account of profits under that section in respect of the 
same infringement. 
Liability for costs 
125. Where, in an action to which section 120 applies, whether 
brought by the owner of the copyright or by the exclusive licensee. the 
other party is not joined as a plaintiff (either at the commencement of 
the action or at a later time), but is added as a defendant, the other 
party is not liable for any costs in the action unless he enters an 
appearance and takes part in the proceedings. 
Division 4-Prooj of facts in civil actions 
Presumptions as to subsistence and ownership of copyright 
126. In an action brought by virtue of this Part: 
(a) copyright shall be presumed to subsist in the work or other 
subject-matter to which the action relates if the defendant does 
not put in issue the question whether copyright subsists in the 
work or other subject-matter: and 
(b) where the subsistence of the copyright is established -the 
plaintiff shall be presumed to be the owner of the copyright if 
he ciaims to be the owner of the copyright and the defendant 
does not put in issue the question of his ownership. 
Presumptions in relation lo authorship of work 
127. (1)' Where a name purporting to be that of the author of a 
literary, dramatic. musical or artistic work appeared on copies of the 
work as published or a name purporting to be that of the author of an 
:l.ft.lstt<: work appeared on the work when it was made, the person 
whose narne so appeared, if it was his true narne or a narn~ by which 
he Wr.1S corn (non Iy k no\vn. shall. in an action brougrH by virtue of this 84 CODynght Act 1968 IP/N/1/AUS/1/Add.l 
Page 97 
s. 128 
Pan. be presumec. uniess the contrary is established. to be the author 
of the work Zlnc to have made the work in circumstances to which 
subsections 35 {·n. (5) and (6) do not apply. 
(2) Where a work is aliegeo to be a work of joint authorship, the 
last preceding subsection applIes in relation to each person alleged to 
be one of the authors of the work as if references in that subsection to 
the author were references to one of the authors. 
(3) Where. in an action brought by virtue of this Part in relation to 
a photograph: 
(a) it is established that. at the time when the photograph was 
taken. a person was the owner of the material on which the 
photograph was taken or, if the ownership of that material as 
at that time is not established. that a person was the owner of 
the apparatus by which the photograph was taken; or 
(b) neither the ownership as at the time when the photograph was 
taken of the material on which it was taken nor the ownership 
as at that time of the apparatus by which it was taken is 
established but it is established that, at the time of the death of 
a person. the photograph was owned by the person or, if the 
ownership of the photograph as at that time is not established, 
was in the possession or custody of the person; 
the person shall be presumed, unless the contrary is established, to 
have been the person who took the photograph. 
Presumptions in relation to publisher of work 
128. Where. in an action brought by virtue of this Part in relation 
to a literary, dramatic, musical or artistic work, the last preceding 
section does not apply, but it is established: 
(a) that the work was first published in Australia and was so 
published during the period of 50 years that ended imme­
diately before the commencement of the calendar year in 
which the action was brought; and 
(b) that a name purporting to be that of the publisher appeared 
on copies of the work as first published; 
then, unless the contrary is established, copyright shall be presumed to 
subsist in the work and the person whose name so appeared shall be 
presumed to have been the owner of that copyright at the time of the 
publication. , 
Presumptions where author has died 
129. (1) Where, in an action brought by virtue of this Part in 
relation to a literary, dramatic. musical or artistic work, it is estab­
lished that the author is dead: IP/N/l/AUS/lIAdd.l 
Page 98 
CODvngnr Act 1968 
~. 136 
(a) tne work shail be ~resumeL1 lO be an orlglnai ~ork unless the 
contrarv IS established: and 
(b) if it is alleged tw the plaintiff that a puhlicJtion specified in 
the allegation was the first pUblIcation ot the work, and tha[ It 
took place in 3 country and on (1 date so specified -tn~H 
puoiic3tion shall be presumed. uniess the contrarv is estab­
lished. to have been the first pubiicJtlon of the work. and to 
have taken place 1n that countrvJnd on that date. 
(2) \\'here: 
(,a) a literarv. Jramatlc. musical or artistic work has been pub­
lished: 
(b) the publication was anonymous or is alleged by the plaintiff to 
have been pseudonymous: and 
(c) it is not established that the work has ever been published 
under the true name of the author. or under a name by which 
he was commonly known. or that the identity of the author is 
generally known or can be ascertained by reasonable inquiry; 
paragraphs (1) (a) and (b) apply, in an action brought by virtue of this 
Part in relation to the work, in like manner as those paragraphs apply 
where it is established that the author is dead. 
Evidence in relation to recordings 
130. I n an action brought by virtue of this Part in relation to 
copyright in a sound recording, if records embodying the recording or 
a part of the recording have been supplied (whether by sale or 
otherwise) to the public and, at the time when records embodying the 
recording or part of the recording were first so supplied, the records 
or their containers bore a label or other mark containing a statement: 
(a) that a person specified on the label or mark was the maker of 
the recording; 
(b) that the recording was first published in a year specified on 
the label or mark: or 
(c) that the recording was first published in a country specified on 
the label or mark: 
that label or mark is sufficient evidence of the facts so stated except in 
so far as the contrary is established. 
Presumpti,on in relation to maker of film 
131. Where the name of a person appeared on copies of a 
cinematograph film as made available to the public in such a way as to 
impJy that the person was the maker of the film and. in the case of a 
person other than a body corporate, that name was his true name or a 
name by which he was commonly known, that person shall, in an 86 Copyright Act 1968 IP/N/l/AUSIlIAdd.l 
Page 99 
s. 131A 
action brought by virtue of this Part. be presumed. unless the contrary 
is established. to be the maker of the film and to have made the film 
in circumstances to which subsection 98 (3) does not apply. 
Division 4A-lurisdiction and Appeals 
Exercise of jurisdiction 
131A. The jurisdiction of the Supreme Court of a State or 
Territory in an action under this Part shall be exercised by a single 
Judge of the Court. 
Appeals 
131B. (1) Subject to subsection (2), a decision of a court of a State 
or Territory (however constituted) under this Part is final and conciu­
sive. 
(2) An appeal lies from a decision of a court of a State or 
Territory under this Part: 
(a) to the Federal Court of Australia; or 
(b) by special leave of the High Court, to the High Court. 
Jurisdiction of Federal Court of Australia 
131C. Jurisdiction is conferred on the Federal Court of Australia 
with respect to actions under this Part. 
Division 5 -Offences and Summary Proceedings 
Offences 
132. (1) A person shall not, at a time when copyright subsists in a 
work: 
(a) make an article for sale or hire; 
(b) sell or let for hire, or by way of trade offer or expose for sale 
or hire, an article; 
(c) by way of trade exhibit an article in public; or 
(d) import an article into Australia for the purpose of: 
(i) selling, letting for hire, or by way of trade offering or 
exposing for sale or hire, the article; 
(ii) . distributing the article for the purpose of trade, or for 
any other purpose to an extent that will affect preju­
dicially the owner of the copyright in the work; or 
(iii) by way of trade exhibiting the article in public; 
if the person knows, or ought reasonably to know, the article to be an 
infringing copy of the work. IP/N/l/AUSIlIAdd.l 
Page 100 
CopyngntAct 7968 ~'":' UI 
s. 132 
(2) A person shail not. at 3 time when copyright subsists In a 
work. distribute: 
(a) for the rurpose of trade: or 
(b) for any other purrose to an extent that affects prejudicially the 
owner of the copyright: 
an article that the person knows. or ought reasonably to know, to be 
an infringing copy of the work. 
(2A) A person shall not. at a time when copyright subsists in a 
work, have i ri h is or her possession an article for the purpose of: 
(a) seiling. letting for hire. or by way of trade offering or exposing 
for saie or hire, the article; 
(b) distributing the article for the purpose. of trade, or for any 
other purpose to an extent that will affect prejudiciaUy the 
owner of the copyright in the work; or 
(c) by way of trade exhibiting the article in public; 
if the person knows. or ought reasonably to know, the -article to be an 
infringing copy of the work. 
(3) A person shall not. at a time when copyright subsists in a 
work, make or have in his or her possession a plate that the person 
knows, or ought reasonably to know, is to be used for making infring­
ing copies of the work. 
(4) The preceding provisions of this section apply in relation to 
copyright subsisting in any subject-matter by virtue of Part IV in like 
manner as they apply in relation to copyright subsisting in a work by 
virtue of Part Ill. 
(5) A person shall not cause a literary, dramatic or musical work 
to be performed in public at a place of public entertainment, if the 
person knows. or ought reasonably to know, that copyright subsists in 
the work and that the performance constitutes an infringement of the 
copyright. 
(SAA) A person shall not cause: 
(a) a sound recording to be heard in public at a place of public 
entertainment; or 
(b) a cinematograph film, in so far as it consists of visual images. 
to be seen in public at a place of public entertainment or, in 
so far as it consists of sounds. to be heard in public at such a 
place: 
if the person knows, or ought reasonably to know, that copyright 
subsists in the sound recording or the cinematograph film and that the 
copyright will thereby be infringed. 88 Capyngnt Act 1968 lP/NIl/ AUSIl/ Add. 1 
Page 101 
s.133 
(SA) For the purposes or this section. a transmission by a person 
of a computer program that IS receIved and recorded so as to resuit in 
the creation of an infringing copy of the computer program shail be 
deemed to be a distribution by the person of that infringing copy. 
(6) This section applies only in respect of acts done in Austraiia. 
(7) Prosecutions for offences against this section may be brought in 
the Federal Court of Australia or in any other court of competent 
jUrIsdiction. 
(8) Jurisdiction is conferred on the Federal Court of Australia to 
hear and determine prosecutions for offences against this section. 
(9) In this section, "place of public entertainment" includes any 
premises that are occupied principally for purposes other than public 
entertainment but are from time to time made available for hire for 
purposes of public entertainment. 
Penalties 
133. (1) A contravention by a person of subsection (1), (2) or 
(2A) of section 132 is an offence punishable on summary conviction 
by: 
(a) if it is the first conviction of the person of an offence by 
reason of a contravention of that section and the article or 
each article to which the contravention relates is an infringing 
copy of a work or other subject-matter other than a cinemato­
graph film-a fine not exceeding: 
(i) if the person is a natural person-$500; or 
(ii) if the person is a body corporate- $2,500; 
for the article. or for each article, to which the offence relates; 
(b) if it is the first conviction of the person of an offence by 
reason of a contravention of that section and the article or 
each article to which the contravention relates is an infringing 
copy of a cinematograph film: 
(i) if the person is a natural person-a fine not exceed­
ing $1,500 for the article, or for each article, to which 
the offence relates or imprisonment for a period not 
exceeding 2 years, or both; or 
(ii) if the person is a body corporate-a fine not exceed­
ing 57,500 for the article, or for each article, to which 
the offence relates; IP/N/l/AUSIlIAdd.1 
Page 102 
Coovngnt .Ac: 1968 
s. 133 
(c) :: it IS not the first convlctlon UI the person of an offence b\ 
reason of a contr3ventIOn or' rh;)t sectlon and tne arucie Of 
e3cn article to which tne contf3\enUOn relates IS an intflnglng. 
"::ODV of a work or other SUD!eC[-maner other than a clnemato­
grapn film: 
( i ) i f the per son I Cl J n J ( U r J j per son -d fi ne not t \ C e e J -
ing S500 for the article. or for each article. to which 
the offence reidtes or imprisonment for a period not 
exceeding b months. or both: or 
(ii) if the person IS J ood\ corporate-a fine not exceeJ­
ing S5.000 for (ne artiCle. or for each article. to which 
the offence relates: 3nd 
(d) if it is not the first conviction of the person of an offence by 
reason of a contravention of that section and the article or 
each article to which the contraventIon relates is an infringing 
copy of a cinematograph film: 
0) if the person is a natural person-a fine not exceed­
ing Sl.500 for the 3rticle. or for each article, to which 
the offence reiates or imprisonment for a period not 
exceeding 5 years. or both: or 
(ii) if the person is a bodv corporate-a fine not exceed­
ing $15.000 for the article. or for each article. to 
which the offence relates. 
(2) \\'here a fine is imposed upon a person by virtue of subsection 
(1) in relation to an offence committed by the person and there is 
more than one article to which the offence relates: 
(a) where the person is prosecuted before the Federal Court of 
Australia- the fine imposed in respect of that offence shall not 
exceed: 
(i) if the person is a natu ral person -$50,000: or 
(ii) if the person is a body corporate-S250,000; and 
(b) 'Where the person is prosecuted before any other court-the 
fine imposed in respect of that offence shaH not exceed: 
(i) if the person is a natu raj person -$1 0,000: or 
(ii) if the person is a body corporate-$SO,OOO. 
(3) A contravention by a person of subsection (3), (5) or (5AA) of 
section 132 is an offence punishable upon summary conviction by: 
(a) where it is the first conviction of the person of an offence by 
reason of a contravention of that section-a fine not exceeding: 
(i) if the person is a natural person-$1,500: or 
(ii) if the person is a body corporate-$7,500: and 
(b) in any other case: 90 COPYright Act 1968 IP/NIl/ AUS/1/ Add. 1 
Page 103 
s. 133A 
(i) if the person is a natUral person-a fine not exceed­
ing $1,500 or imprisonment for a period not exceed­
ing 6 months, or both: or 
(ii) if the person is a body corporate-a fine not 
exceeding $15,000. 
(4) The court before which a person is charged with an offence by 
reason of a contravention of section 132 may, whether the person is 
convicted of the offence or not, order that any article in the possession 
of the person that appears to the court to be an infringing copy, or to 
be a plate or recording equipment used or intended to be used for 
making infringing copies. be destroyed or delivered up to the owner of 
the copyright concerned or otherwise dealt with in such manner as the 
court thinks fit. 
Advertisement for supply of infringing copies of computer programs 
133A. (1) \Vhere: 
(a) a person, by any means, publishes, or causes to be published, 
in Australia an advertisement for the supply in Australia 
(whether from within or outside Australia) of a copy of a 
computer program; and 
(b) the person knows, or ought reasonably to know, that the copy 
is. or will be, an infringing copy; 
the person is guilty of an offence punishable upon conviction by: 
(c) where it is the first conviction of the person of an offence 
against this subsection (including this subsection as in force 
before the commencement of section 17 of the Copyright 
Amendment Act 1986): 
(i) if the person is a natural person-a fine not exceed­
ing $1,500; or 
(ij) if the person is a body corporate-a fine not exceed­
ing $7,500; and 
(d) in any other case: 
(i) if the person is a natural person-a fine not 
exceeding $1,500 or imprisonment for a period not 
exceeding 6 months, or both; or 
(ii) if the person is a body corporate-a fine not exceed­
ing $15,000. 
(2) For th'e purposes of this section, a transmission of a computer 
program that, when received and recorded, will result in the creation 
of a copy of the computer program shall be deemed to constitute the 
supply of a copy of the computer program at the place where the copy 
will be created. lP/NIl! AUS/II Add. 1 
Page 104 
CODyngnt Act 7968 
5. 134 
(3) Prosecutions for offences against this section mav be brougnt 
n the Federal Court of Austraiia or In any other court at comoetent 
urisdictIon. 
Division 6 -,HiscelLaneous 
Limitation of actions in respect of infringement of copyright 
134. An action shall not be brought for an infringement ut 
copynght or In respect of the conversIOn or detention of an InfringIng 
copy, or of J plate used or intended to be used for making Infrrnglng 
copies, after the expiration of six years from the time 'When the 
infringement took place or the Infringing copy or plate was mace. as 
the case ma\' be. 
Affidavit evidence of subsistence and ownership of copyright 
134A. 0) At the trial of a cause. being: 
(a) an action brought by virtue of this Part: or 
(b) a prosecution for an offence against this Act~ 
proof of either or both of the following matters: 
(c) the subsistence, at a particular time, of copyright In the work 
or other subject-matter to which the action or prosecution 
relates: 
(d) the ownership, at a particular time. of the copyright 10 that 
work or other subject-matter: 
may, subject to subsection (2), be given by affidavit. 
(2) If a party to a cause referred to in subsection (1) desires in 
good faith that the person who made an affidavit referred to in that 
subsection that is proposed to be used in the cause be cross-examined 
with respect to the matters in the affidavit. the affidavit may not be 
used in the cause unless the person appears as a witness for such 
cross-examination or the court in which the cause is being tried. in its 
discretion, permits the affidavit to be used without the person so 
appearing. 
Restriction of importation of printed copies of works . 
135. (1) In this section: 
(a) a reference to Australia does not include a reference to the 
external Territories; and 
(b) a reference to importation into Australia does not i nel ude a 
reference to importation from such a Territory. 92 CopyngntAct 7968 IPINIl! AUSll! Add. 1 
Page 105 
s. 135 
(2) The owner of the copynght in a pubiished literary, dramatic or 
musical work may give notice in writing to the Comptroller-General of 
Customs (in thIs section referred to as '''the Comptroller-General" ) 
stating: 
(a) that he is the owner of the copyright in the work; and 
(b) that he objects to the importation into Australia, during a 
period specified in the notice, of copies of the work to which 
this section applies. 
(3) A notice under the last preceding subsection is of no effect 
unless the period specified in the notice does not exceed 5 years and 
does not extend beyond the end of the period for which the copyright 
in the work to which the notice relates is to subsist. 
(4) This section applies, in relation to a work, to any printed copy 
of the work made outside Australia and the external Territories the 
making of which would, if it had been made in Australia by the person 
who imported it into Australia. have constituted an infringement of the 
copyright in the work. 
(5) Where a notice has been given under this section in respect of 
a work and has not been withdrawn, the importation of copies of the 
work to which this section applies into Australia for the purpose of: 
(a) selling, letting for hire, or by way of trade offering or exposing 
for sale or hire, the copies: 
(b) distributing the copies: 
(i) for the purpose of trade; or 
(ii) for any other purpose to an extent that will affect 
prejudicially the owner of the copyright in the work; 
or 
( c) by way of trade exhibiting the copies in public; 
is prohibited and any such copies, if imported into Australia for any 
such purpose, may be seized as forfeited to the Commonwealth. 
(6) Subject to the regulations, the Comptroller-General, or on 
appeal from him the Minister for Industry, Technology and Com­
merce, may permit copies of a work that are liable to be or have been 
seized as forfeited under this section to be delivered to the owner or 
importer upon security being given to the satisfaction of the Comptrol­
ler-General that the copies will be forthwith exported from Australia. 
(7) The provisions of the Cusloms Act 1901-1968 apply to the 
seizure and forfeiture under this section of copies of a work to which 
this section applies as if the copies were prohibited impons for the 
purposes of that Act. IP/N/1/AUS/I/Add.1 
Page 106 
Cooyngnt Act 1968 
(8) The regulations mav make provisIon for or I n relation to: 
(a) the forms of notices under to is section: 03 
s. 135A 
(b) the times at which. and the manner in wf1lch. notlces Jre to be 
gIven; 
(c) the giving of information and evidence to the Compcroller­
General: 
(d) the payment of fees and the gi vi ng of security to the Corn ptrol­
ler-General in respect of any liJbilitv or expense that may be 
incurred by him as a resuit of the seizure of any copy of :.l 
work to which a notice under this section relates: and 
(e) indemnifying the ComptrOller-General against any such liabil­
ity or expense. 
(9) The regulations may contain provisions similar to the provi­
sions of this section in relation to the importation into external 
Terntories (other than importation from Australia or from another 
such Territory) of printed copies of published literary, dramatic or 
m usical works. 
PART VA-COPYING OF BROADCASTS BY EDUCATIONAL AND 
OTHER INSTITUTIONS 
Division I-Preliminary 
In terpreta tion 
13SA. In this Part: 
"administering body" means a body administering an institution: 
"broadcast" means a sound broadcast or a television broadcast; 
"collecting society" means the body that is, for the time being, de­
clared to be the collecting society under section 135P~ 
"institution" means: 
(a) an educational institution; or 
(b) an institution assisting intellectually handicapped persons; 
"notice holder" means the person who is, for the time being, ap­
pointed to be the notice holder under section 135T; 
"preview copy" means a copy of a broadcast referred to in section 
135F; 
"records notice" means a remuneration notice specifying that the 
amount of ~quitable remuneration payable to the collecting society by 
the administering body giving the notice is to be assessed on the baSIS 
of a records system; 
"relevant copyright owner" means the owner of the copyright in a 
work, a sound recording or a cinematograph film: 94 COO¥f1ghtAct 1968 IPINIl! AUSllI Add. 1 
Page 107 
s. 135B 
"remuneration notice" means a notlce referred to in subsection 135G 
( I); 
hruJes" , j n relation to the collecting socIety, means [he provisions of 
the memorand u m and articles of association of the society; 
"sampling notice" means a remuneration notice specifying that the 
amount of equitable remuneration payable to [he collecting society by 
the administering body giving the notice is to be assessed on the basis 
of a sampling system; 
"student" , in relation to an institution, has the meaning given by 
section 135C. 
Copies of broadcasts 
135B. I n this Part: 
(a) a reference to a copy of a broadcast is a reference to a record 
embodying a sound recording of the broadcast or a copy of a 
cinematograph film of the broadcast; and 
(b) a reference to the making of a copy of a broadcast is a 
reference to the making of a copy of the whole or a part of the 
broadcast. 
Student of an institution 
135C. In this Part. a reference to a student of an institution is: 
(a) in the case of an educational institution-a reference to a 
student of the institution; and 
(b) in the case of an institution assisting intellectually handicapped 
persons-a reference to an intellectually handicapped person 
to whom the institution provides assistance. 
Operation of collecting society rules 
135D. This Pan applies to the collecting society despite anything 
in the rules of the society but nothing in this Part affects those rules so 
far as they can operate together with this Part. 
Division 2-Copying oJ broadcasts 
Copying of broadcasts by educational institutions etc. 
13SE. (1) The copyright in a broadcast, or in any work, sound 
recording or cinematograph film included in a broadcast, is not in­
fringed by the making, by or on behalf of an administering body, of a 
copy of the bro~dcast if: 
(a) a remuneration notice, given by or on behalf of the admin­
istering body to the collecting society, is in force; IPINIl! AUS/lI Add. 1 
Page 108 
Copynght Act 1968 05 
s. 13SF 
(b) where the copy is made by. or on behalf of. a body administer­
ing an educational institution -the copy is made solely for the 
educational purposes of the institution or of another educa­
tional institution: 
(c) where the copy IS made by, or on behalf of. a body administer­
ing an institution assisting intellectually handicapped persons­
the copy is made solely for the purposes of use in the pro\'I­
sion of assistance to intellectually handicapped persons by (he 
institution or by another simliar institution: and 
(d) the administerrng body complies with subsection 135K (1) or 
(3), as the case requires, in relation to the copy. 
(2) Where a copy of a broadcast referred to in subsection (1): 
(a) is used for a purpose other than a purpose referred to In 
paragraph (1) (b) or (c); 
(b) is made, sold or otherwise supplied for a financial profit; or 
(c) . is given to an administering body when there is not in force a 
remuneration notice given by that body to -the collecting 
society; 
with the consent of the administering body by whom, or on whose 
behalf, it is made, subsection (1) does not apply, and shall be taken 
never to have applied, to the making of the copy. 
Prevjew copies 
13SF. (1) The copyright in a broadcast, or in any work, sound 
recording or cinematograph film included in a broadcast, is not in­
fringed by the making of a preview copy of the broadcast. 
(2) A copy of a broadcast is a preview copy if: 
(a) the copy is made by, or on behalf of, an administering body; 
(b) a remuneration notice, given by, or on behalf of, the admin-
istering body to the collecting society, is in force; and 
(c) the copy is made and used solely for the purpose of enabling 
that body to decide whether or not the copy should be re­
tained for the educational purposes of the institution admin­
istered by it, or for use in the provision of assistance to 
intellectually handicapped persons by the institution admin­
istered by it, as the case may be. 
(3) Subject to this section, a preview copy shall be destroyed 
within 14 days after the day on which it was made (in this section 
called "the preview period" ). 96 CooynghtAct 1968 IP/N/1/AUS/1/Add.1 
Page 109 
s. 135G 
(4) A preview copy mav be retained after the end of the preview 
period if: 
(a) where the relevant Institution is an educational institution 
-the copy is retained solely for the educational purposes of 
the institution; or 
(b) where the relevant institution is an institution assisting intellec­
tually handicapped persons -the copy is retained solely for the 
purpose of use in the provision of assistance to such persons 
by the institution. 
(5) Where a preview copy is retained under subsection (4), 
subsection 135E (1) applies in relation to the copy after the end of the 
preview period as if the copy had been made soiely for a purpose 
referred to in paragraph 135E (1) (b) or (c). 
(6) Where a preview copy is neither destroyed within the preview 
period nor retained under subsection (4), subsection (1) does not 
apply, and shall be taken never to have applied, to the making of the 
copy. 
Remuneration notices 
135G. (1) An administering body may, by notice in writing given 
to the COllecting society by it or on its behalf, undertake to pay 
equitable remuneration to the society for copies of broadcasts made by 
it, or on its behalf, being copies made while the notice is in force. 
(2) A remuneration notice shaJl specify whether the amount of 
equitable remuneration is to be assessed on the basis of a records 
system or a sampling system. 
(3) A remuneration notice comes into force on the day on which it 
is given to the collecting society, or on such later day as is specified in 
the notice, and remains in force until it is revoked. 
Records notices 
135H. (I) Where a records notice is given by, or on behalf of, an 
administering body, the amount of equitable remuneration payable to 
the collecting society by the administering body for each copy of a 
broadcast made by, or on behalf of, the administering body while the 
notice is in force is such amount as is determined by agreement 
between the administering body and the collecting society or, failing 
such agreement, by the Copyright Tribunal on application made by 
either of them. 
(2) For the purposes of subsection (1), different amounts may be 
determined (whether by agreement or by the Copyright Tribunal) in 
reJation to: IP/N/l! AUS/l! Add. 1 
Page 110 
Cooyngnt Act 1968 97 
s. 135J 
(a) different classes or" worKS. sound recordings or cinematograph 
films included in broadcasts: 
(b) different institutions administered by (he adminIstering body: 
or 
(c) different classes of students of an institution administered by 
the administering body. 
Sampling notices 
135J. (1) \Vhere a sampling notice is given by, or on behalf of, an 
administering bodv, the amount of equitable remuneration payable to 
the collecting society by the admInistering body for copies of broad­
casts made bv it, or on its behaif. while the notice is in force is such 
annual amou'nt per student of the institution concerned as is deter­
mined by agreement between the administering body and the collecting 
society or, failing such agreement, by the Copyright Tribunal on 
application made by either of them. 
(2) The annual amount referred to in subsection (1) shall be 
determined (whether by agreement or by the Copyright Tribunal) 
having regard to the extent to which copies of broadcasts are made by, 
or on behalf of, the administering body in a particular period and to 
such other matters (if any) as are relevant in the circumstances. 
(3) The extent of copying of broadcasts and any other matters that 
are necessary or convenient to be assessed by use of a sampling system, 
shall be assessed by use of a sampling system determined by agreement 
between the administering body and the collecting society or, failing 
such agreement, by the Copyright Tribunal on application made by 
either of them. 
(4) For the purposes of subsection (1), different annual amounts 
may be determined (whether by agreement or by the Copyright Tribu­
nal) in relation to different institutions administered by the administer­
ing body and different classes of students of an institution administered 
by it. 
(5) Where: 
(a) a sampling notice is given by, or on behalf of, an administering 
body to the collecting society; and 
(b) during any period. the administering body does not comply 
with one or more of the requirements of the sampling system 
determined under this section in relation to the notice; 
subsections 135E (1) and 135F (1) do not apply to any copy of a 
broadcast made by, or on behalf of, the administering body during that 
period. 98 Copyngnt Act 1968 
s.135K 
Marking and record keeping requirements IP/N/1/AUS/1/Add.1 
Page 111 
135K. (1) Where a records notice is given by, or on behalf of. an 
administering body, the body shall: 
(a) mark, or cause to be marked, in accordance with the regula­
tions, each copy of a broadcast made by it, or on its behalf. 
while the notice is in force. or any container in which such a 
copy is kept; 
(b) make, or cause to be made. a record of each copying of a 
broadcast carried out by it, or on its behalf, while the notice is 
in force, being a record containing such particulars as are 
prescribed: 
(c) retain that record for the prescribed retention period after the 
making of the copy to which it relates; and 
(d) send copies of all such records to the collecting society in 
accordance with the regulations. 
(2) For the purposes of subsection (1), a record of the copying of a 
broadcast: 
(a) may be kept in writing or in any other manner prescribed in 
the regulations; and 
(b) if it is kept in writing, shall be in accordance with the pre­
scribed form. 
(3) Where a sampling notice is given by, or on behalf of, an 
administering body, the body shall mark, or cause to be marked, in 
accordance with the regulations, each copy of a broadcast made by it, 
or on its behalf, while the notice is in force, or any container in which 
such a copy is kept. 
Inspection of records etc. 
135L. (1) Where a remuneration notice is or has been in force, 
the collecting society may, in writing, notify the administering body 
which gave the notice that the society wishes, on a day specified in the 
notice, being an ordinary working day of the institution specified in 
the notice not earlier than 7 days after the day on which the notice is 
given, to do such of the following things as are specified in the notice: 
(a) assess the amount of copying of broadcasts carried out at the 
premises of the institution; 
(b) inspect all the relevant records held at those premises that 
relate to the making of copies of broadcasts in reliance on 
section IJ5E; 
(c) inspect such other records held at those premises as are 
relevant to the assessment of the amount of equitable remu­
neration payable by the administering body to the society_ IP/N/lIAUS/l/Add.l 
Page 112 
CopynghtAct 1968 99 
s. 135M 
(2) Where the collecting socletv gives a notice. a person authorised 
in writing by the society may, dUrIng the ordinary working hours of the 
relevant institution on the day specified in the notice (but not before 
10 a.m. or after 3 p.m.), carry out the assessment. or inspect the 
records, to which the notlce reiates and, for that purpose. may enter 
the premises of the institution. 
(3) An administering body shall take all reasonable precautions. 
and exercise reasonable diligence. to ensure that a person referred to 
in subsection (2) who attends at the premises or an institution admin­
istered by the body for the purpose of exercising the powers conferred 
by that subsection is provided with all reasonable and necessary 
facilities and assistance for the effective exercise of those powers. 
(4) An administering body that contravenes subsection (3) is guilty 
of an offence punishable, on conviction, by a fine not exceeding $500. 
Revocation of remuneration notice 
135M. A remuneration notice may be revoked at any time by the 
relevant administering body by notice in writing given to the collecting 
society, and the revocation takes effect at the end of 3 months after the 
date of the notice or on such later day as is specified in the notice. 
Request for payment of equitabJe remuneration 
13SN. (1) Subject to this section, where a remuneration notice is 
or has been in force, the collecting society may, by notice in writing 
given to the administering body which gave the notice. request the 
body to pay to the society, within a reasonable time after the date of 
the notice, the amount of equitable remuneration specified in the 
notice, being an amount payable under section 135H or 135J, as the 
case may be. for copies of broadcasts made by, or on behalf of, the 
body while the remuneration notice is or was in force. 
(2) Where the remuneration notice is a sampling notice. the 
collecting society shall not make a request under this section more 
than once in each period of 12 months during which the notice is in 
force. 
(3) If an amount specified in a request under subsection (1) is not 
paid in accordance with the request, it may be recovered from the 
relevant administering body by the collecting society in the Federal 
Court of Australia or any other court of competent jurisdiction as a 
debt due to the society. 
(4) Jurisdiction is conferred on the Federal Court of Australia 
with respect to actions under subsection (3). 100 
s. 135P CopyngntAct 1968 IP/N/1/AUS/1/Add.1 
Page 113 
Division 3 -The collecting society 
The collecting society 
135P. (1) Subject to this section. the Attorney-General may. by 
notice in the Gazelle, declare a body named in the notice to be the 
collecting society. 
(2) The Attorney-General shaH not name more than one body in a 
declaration and shall not make a declaration while an earlier declara­
tion is in force. 
(3) The Attorney-General shall not declare a body to be the 
collecting society unless: 
(a) it is a company limited by guarantee and incorporated under a 
law in force in a State or Territory relating to companies; 
(b) all relevant copyright owners, or their agents, are entitled to 
become its members~ 
(c) its rules prohibit the payment of dividends to its members; and 
(d) its rules contain such other provisions as are prescribed, being 
provisions necessary to ensure that the interests of the collect­
ing society'S members who are relevant copyright owners or 
their agents are protected adequately, including, in particular, 
provisions about: 
(i) the collection of amounts of equitable remuneration 
payable by administrative bodies under section 135H 
or 135J; 
(ii) the payment of the administrative costs of the society 
out of amounts collected by it; 
(iii) the distribution of amounts collected by it; 
(iv) the holding on trust by the society of amounts for 
relevant copyright owners who are not its members; 
and 
(v) access to records of the society by its members. 
Revocation of declaration 
135Q. The Attorney-General may, by notice in the Gazette, revoke 
the declaration of a body as the collecting society if satisfied that the 
body: 
(a) is not functioning adequately as the collecting society; 
(b) is not acting in accordance with its rules or in the best 
interests of those of its members who are relevant copyright 
owners or their agents; lP/NIl! AUS/l! Add. 1 
Page 114 
CopyngntAct 1968 101 
s. 135R 
(c) has altered llS rUleS so that the\ no longer compiy with 
paragraphs 135P (3) (c) Jnd (0): or 
(d) has refused or faded. without reasonable excuse. to comply 
with section 135R or 1355. 
Annual report and accounts 
135R. (1) The collecting society shalL as soon as practlcable after 
the end of each financlai year. prepare a report of its operations 
during that financial ~ ear and send a copy of the report to the 
Attornev-General. 
(1) The Attorney-General shall cause a copy of the report sent to 
the Attornev-General under subsection (1) to be laid before each 
House of the Parliament wIthin 15 sitting days of that House after the 
receipt of the report by the Attorney-General. 
(3) The society shall keep accounting records correctly recording 
and explaining the transactions of the society (including any transac­
tions as trustee) and the financial position of the society.-
(4) The accounting records shall be kept in such a manner as wili 
enable true and fair accounts of the society to be prepared from time 
to time and those accounts to be conveniently and properly audited. 
(5) The society shall. as soon as practicable after the end of each 
financial year, cause its accounts to be audited by an auditor who is 
not a-member of the society, and shall send to the Attorney-General a 
copy of its accounts as so audited. 
(6) The society shall give its members reasonable access to copies 
of all reports and audited accounts prepared under this section. 
(7) This section does not affect any obligations of the society 
relating to the preparation and lodging of annual returns or accounts 
under the law under which it is incorporated. 
Arnendment of rules 
135S. The collecting society shall. within 21 days after it alters its 
rUles o send a copy of the rules as so altered to the Attorney-General. 
together with a statement setting out the effect of the alteration and the 
reasons wh y it was made. 
Division 4 -Interim copying 
Appointment of notice holder 
135T. The Attorney-General may. by notice in the GazfiU!. ap~ 
point a person to be the notice holder for the purposes 
Division. 102 
s.135U CooyngntAct 1968 lP/NIl/ AUS/lI Add. 1 
Page 115 
Copying before declaration of collecting society 
135U. (1) The copyright in a broadcast. or In any. work, sound 
recording or cinematograph film included in a broadcast, is not in­
fringed by the making, by or on behalf of an administering body, of a 
copy of the broadcast If: 
(a) at the time the copy is made, the first collecting society has not 
been deciared: 
(b) a notice given by the administering body to the notice holder 
under subsection 135W (1) is in force; 
(c) where the copy is made by, or on behalf of, a body administer­
ing an educational institution-the copy is made soleJy for the 
educational purposes of the institution or of another educa­
tional institution; 
(d) where the copy is made by, or on behalf of a body administer­
ing an institution assisting intellectually handicapped 
persons- the copy is made solely for the purposes of use in 
the provision of assistance to intellectually handicapped per­
sons by the institution or by another similar institution; and 
(e) the administering body complies with paragraphs 135K (I) (a), 
(b) and (c) or subsection 135K (3), in so far as those provi­
sions apply. 
(2) Where a copy of a broadcast referred to in subsection (1): 
(a) is used for a purpose other than a purpose referred to In 
paragraph (1) (c) or (d); 
(b) is made, sold or otherwise supplied for a financial profit; or 
(c) is given to an administering body when there is not in force a 
notice given by that body to the notice holder under sub­
section 135W (1); 
with the consent of the administering body by whom, or on whose 
behalf, it is made, subsection (1) does not apply, and shall be taken 
never to have applied. to the making of the copy. 
Preview copies 
135V. Section 135F applies to the making of preview copies of 
broadcasts before the first collecting society is declared as if: 
(a) the reference in paragraph 135F (2) (b) to a remuneration 
notice given by an administering body to the collecting society 
were a reference to a notice under subsection 135\V (1) given 
by the administering body to the notice holder; and 
(b) the references in subsection 135F (5) to subsection 135E (1), 
and paragraphs 135E (1) (b) and (c), were references to 
subsection 135U (1), and paragraphs 135U (1) (c) and (d), 
respecti vej y. IP/N/I/AUS/1/Add.l 
Page 116 
Coo¥ngnt Act 1968 ;03 
s. 135\\ 
:\olices by administering bodies 
135W. (1) An administering body may at any time hefore ~he 
declaration of the first collectIng socIety. by notice in writing gi\'en to 
the notice holder, undertake to pay equitable remuneration to the 
coi lecting society, when it is declared, for copies of broadcasts m~ll:ic 
by. or on behalf of, the aaml nistenng body while the notice is I n force. 
(2) A notice shall specify whether the amount of equitable remu­
neration is to be assessed 'on the basis of a records system or .1 
sampling system. 
(3) A notice comes into force on the day on which it is given to 
the notice holder, or on such later day as is specified in the notice. 
and remains in force until it is revoked. 
(4) A notice may be revoked at any time by the relevant admin­
istering body by notice in writing given to the notice holder, and the 
revocation takes effect on the date of the notice of revocation or on 
such later date as is specified in it. 
'larking and record keeping requirements 
135X. (1) Where an administering body gives a notice under 
subsection 135W (1) that specifies that the amount of equitable remu­
neration is to be assessed on the basis of a records system, paragraphs 
135K (1) (a), (b) and (d) and subsection 135K (2) apply as if: 
(a) the reference to the coilecting society were a reference to the 
notice holder; and 
(b) references to a records notice were references to the notice 
under subsection 135W (1). 
(2) Where an administering body gives a notice under subsectIon 
135W (1) that specifies that the amount of equitable remuneration is to 
be assessed on the basis of a sampling system, subsection 135K (3) 
applies as if: 
(a) the reference to the collecting society were a reference to the 
notice holder; and 
(b) references to a sampling notice were references to the notice 
under subsection 135W (1). 
Effect of declaration Df collecting sod~ty 
135Y. 0) \Vheft the first collecting society is declared. a notice 
given hy im administering body to the nocice holder under subsection 
135W (1) and in force lrnrn:ediately before that deciaration shallJ on 
and after that declaration, he taken, for the purposes of this Part, to be 
a records notice or a sampling notice, as thfe case may be, given by that 104 
s. 13SZ CODynghtAct 7968 IPfNfll AUSfIf Add. 1 
Page 117 
body (0 the collecting Socletv, beIng a records notice or sampling 
notice that came into force 0:1 tne dav on which the notice came into 
force. 
(2) Where a notice is to be taken under this section to be a 
records notice, the relevant aumlnistering body shall cause copies of 
all records made under paragraph 135K (1) (b) on or after the day on 
which the notice is taken to ~ave come into force to be sent to the 
collecting society within 21 Javs after the declaration of the collecting 
society. 
Division 5 -Afisceilaneous 
Relevant copyright owner may authorise copying 
13SZ. Nothing in this Pan affects the right of the owner of the 
copyright in a broadcast. or in a work, sound recording or cinemato­
graph film included in a broadcast, to grant a licence authorising an 
administering body to make. or cause to be made, a copy of the 
broadcast, work, sound recording or film without infringing that copy­
right. 
Copyright not to vest in copier 
13SZA. Despite any other provIsion of this Act, the making of a 
copy of a broadcast by, or on behalf of, an administering body that is 
not an infringement of copyright under this Part, does not vest copy­
right in any work or other subject-matter in any person. 
PART VB-COPYING OF \\'ORKS ETC. BY EDUCATIONAL AND 
OTHER INSTITtmONS 
Division J -Preliminary 
Interpretation 
135ZB. In this Part: 
"administering body" means a body administering an institution; 
"collecting society" means a body that is, for the time being, declared 
to be a collecting society under section 135ZZB; 
"eligible item" has the meaning given by section 135ZC; 
"institution" means: 
(a) an educational institution; 
(b) an institution assisting handicapped readers; or 
(c) an institution assisting intellectually handicapped persons; IP/N/l/AUS/l/Add.l 
Page 118 
CooyngntAct 7968 105 
s. 135ZC 
.... licensed copy~' means: 
(3) a copy of the whole or a pan of a work. being a copy made 0\, 
or on behalf of, a boay duminlstenng an educational institu­
tion in reliance on section 135ZJ. 135ZK or i 35ZL: 
(b) a record embodying a sound recording of the whole or a part 
of a literary or dramatic work, or a Braille version. a LHge­
print version or a photographic version of the whole or 3 part 
of such a work, beIng a record or version made by. or on 
behalf of, a body administering 3n institution assisting handi­
capped readers in reliance on sectIon 135ZP; or 
Ic) a copy of the whole or a part of an eligible item. being a COpy 
made by. or on behalf of, a body administering an institution 
assisting intellectually handicapped persons in reliance on sec­
tion 135ZS; 
'''records notice" means a remuneration notice specifying that the 
amount of equitable remuneration payable to the collecting society by 
the administering body giving the notice is to be assessed on the basis 
of a records system; -
"relevant collecting society" , in relation to a remuneration notice, 
means the collecting society for the owners of the copyright in works. 
or other subject-matter, of the same kind as that to which the remu­
neration notice relates; 
"relevant copyright owner" means the owner of the copyright in a 
work or an eligible item other than a work~ 
"remuneration notice" means a notice referred to in subsection 135ZU 
(1 ); 
"rules" , in relation to a collecting society, means the provisions of the 
memorandum and articles of association of the society; 
"sampling notice" means a remuneration notice specifying that the 
amount of equitable remuneration payable to the collecting society by 
the administering body giving the notice is to be assessed on the basis 
of a sampling system: 
"student" , in relation to an institution, has the meaning given bv 
section 135ZD. 
Eligible items and photographic versions 
135ZC. I n this Part: 
(a) a reference to an eligible item is a reference [0: 
,(i) a published literary, dramatic, musical or artistic 
work; 
(ii) a published sound recording or cinematograph film; 
or 106 
s. 13SZD Cooyngnt Act 1968 lP/NIl! AUS/lI Add. 1 
Page 119 
(iii) 3 work reierrea to in subparagraph (i) that is in­
cluded in a sound broadcast; 
(b) a reference to a copy of an eligible item. being a literary, 
dramatic or muslcai work.. is a reference to any of the follow­
Ing: 
(i) a reproduction of the work in a material form; 
(ii) an adaptation of the work; 
(iii) J reproduction in a material form of an adaptation of 
the work: 
(c) a reference to a copy of an eligible item, being an artistic 
work, is a reference to a reproduction in a material form of 
the work: 
(d) a reference to a copy of an eligible item, being a sound 
recording or a cinematograph film, is a reference to a copy of 
the sound recording or cinematograph film; and 
( e) a reference to a photographic version of a work or a part of a 
work is a reference to a copy of the work or part of the work 
produced as a film-strip, or series of separate transparencies9 
designed to meet the needs of handicapped readers. 
Student of an institution 
13SZD. In this Part, a reference to a student of an institution is: 
(a) in the case of an educational institution-a reference to a 
student of the institution: 
(b) in the case of an institution assisting handicapped readers- a 
reference to a handicapped reader to whom the institution 
provides assistance; 
(c) in the case of an institution assisting intellectually handicapped 
persons-a reference to an intellectually handicapped person 
to whom the institution provides assistance. 
Part does not apply to computer programs 
13SZE. Nothing in this Part applies in relation to a literary work, 
being a computer program or a compilation of computer programs. 
Operation of collecting society rules 
13SZF. This Part applies to a collecting society despite anything in 
the rules of the society but nothing in this Part affects those rules so 
far as they can operate together with this Part. IP/N/1/ AUS/1/ Add. 1 
Page 120 
Copynght Act 1968 
Division 2 -Copying of works by educational institutions 
"tultiple copying of insubstantial portions of works 107 
s. 13SZG 
135ZG. (1) Subject to this section, copyright in a literary or 
Jramatic work is not infringed by the making of one or more copies of 
a page or pages of the work in an edition of the work if the copying is 
carried out on the premises of an educational institution for the 
purposes of a course of education provided by it. 
(2) Subsection (1) Joes not apply to the making of a copy of the 
whole of a work. 
(3) Subsection (1) does not apply to the making of a copy of more 
than 2 of the pages of a work in an edition of the work unless: 
(a) there are more than 200 pages in the edition: and 
(b) the total number of pages so copied does not exceed lo/() of the 
total number of pages in the edition. 
(4) Where: 
(a) a person makes. or causes to be made, a copy of a part of a 
work contained on a page or pages in an edition; and 
(b) subsection (1) applies to the making of that copy; 
that subsection does not apply to the making, by or on behalf of that 
persGn, of a copy of any other part of that work within 14 days after 
the day on which the previous copy was made. 
(5) In this section, a reference to an edition of a work includes a 
reference to an edition of works that include that work. 
Copying of published editions by educational institutions 
135ZH. The copyright in a published edition of a work (being a 
work in which copyright does not subsist) is not infringed by the 
making of one or more reproductions of the whole or a part of the 
edition if the reproduction, or each of the reproductions, is made in 
the course of the making of a copy of the whole or a part of the work 
by, or on behalf of, a body administering an educational institution for 
the educational purposes of that institution or of another educational 
institution. 
~lultiple c~pying of periodical articles by educational institutions 
13SZJ. (1) Subject to this section. the copyright in an article 
contained in a periodical publication is not infringed by the making of 
one or more copies of the whole or a part of that article by, or on 
behaJf of. a body administering an educational institution if: 108 Copyngnt Act 1968 IP/N/l! AUS/1/ Add. 1 
Page 121 
s.135ZK 
(a) 3 rem uneratlon notice, gIven by or on behalf of the body to 
the relevant collecting society, 1S in force: 
(b) the copy is made solely for the educational purposes of the 
institution or of another educatIOnal institution: and 
(c) the body complies with subsection 135ZX (1) or (3), as the 
case requires. in relation to the copy. 
(2) This section does not apply in relation to copies of, or of parts 
of, 2 or more articles contained in the same periodical publication 
unless the articles relate to the same subject-matter. 
Multiple copying of works published in anthologies 
13SZK. The copyright in a literary or dramatic work. being a work 
contained in a published anthology of works and comprising not more 
than 15 pages in that anthology, is not infringed by the making of one 
or more copies of the whole or a part of that work by, or on behalf of. 
a body administering an educational institution if: 
(a) a remuneration notice, given by or on behalf of the body to 
the relevant collecting society, is in force; 
(b) the copy is made solely for the educational purposes of the 
institution or of another educational institution; and 
(c) the body complies with subsection 135ZX (1) or (3), as the 
case requires, in relation to the copy. 
Multiple copying of works by educational institutions 
13SZL. (1) Subject to this section, the copyright in a literary y 
dramatic, musical or artistic work (other than an article contained in a 
periodical publication) is not infringed by the making of one or more 
copies of the whole or a part of the work by, or on behalf of, a body 
administering an educational institution if: 
(a) a remuneration notice, given by or on behalf of the body to 
the relevant collecting society, is in force; 
(b) the copy is made solely for the educational purposes of the 
institution or of another educational institution; and 
(c) the body complies with subsection 135ZX (1) or (3), as the 
case requires, in relation to the copy. 
(2) This section does not apply in relation to copies of the whole. 
or of more than a reasonable portion, of a work that has been 
separately pu~lished unless the person who makes the copies. or 
causes the copies to be made, for, or on behalf of, the body is satisfied9 
after reasonable investigation, that copies (other than second-hand 
copies) of the work cannot be obtained within a reasonable time at an 
ordinary commercial price. IP/NIl/ AUS/V Add. 1 
Page 122 
Copynght Act 1968 109 
s. 135ZM 
Application of Division to certain illustrations 
135ZM. Where an 3rticle or other literary, dramatic or musical 
work is accompanied by an artistic work or artistic works provided for 
the purpose of explaining or iilustrating the article or other work. the 
preceding sections of this Division apply as If: 
(a) where any of those sections provides that the copynght In the 
article or other work is not infringed-the reference to that 
copyright incl uded a reference to any copyright in that artistIc 
work or those artIstic worKs~ 
(b) a reference to a copy of 3n article or other work i nc! uded a 
reference to a copy of the article or other work together with a 
copy of that artistic work or those artistic works: 
(c) a reference to a copy of a part of an article or other work 
included a reference to a copy of that part of the article or 
other work together with a copy of the artistic work or artistic 
works provided for the purpose of explaining or illustrating 
that part; 
(d) a reference to a copy of a page of a literary or dramatic work 
in an edition of the work included a reference to a copy of a 
page in such an edition that contained that work and an 
artistic work or artistic works provided for the purpose of 
explaining or illustrating that part of that work; and 
(e) a reference to a copy of pages of a literary or dramatic work in 
an edition of the work included a reference to a copy of pages 
in such an edition that contained a part of that work and an 
artistic work or artistic works provided for the purpose of 
explaining or illustrating that part of that work. 
Division 3-Copying of works by institutions assisting handicapped 
readers 
Copying of published editions by institutions assisting handicapped 
readers 
135ZN. The copyright in a published edition of a work (being a 
work in which copyright does not subsist) is not infringed by the 
making of one or more reproductions of the whole or a part of the 
edition if the reproduction, or each of the reproductions. is made in 
the course of the making of a copy of the whole or a pan of the work 
by, or on behalf of, a body administering an institution assisting 
handicapped readers for use in the provision, whether by the institu­
tion or otherwise, of assistance to handicapped readers. 110 
s. 135ZP Copyright Act 1968 IP/N/l! ADS/V Add. 1 
Page 123 
Multiple copying of works by institutions assisting handicapped readers 
13SZP. (1) The copyright in a literary or dramatic work is not 
infringed by the making by, or on behalf of, a body administering an 
institution assisting handicapped readers of one or more records em­
bodying a sound recording of the work or of a part of the work if: 
(a) a remuneration notice. given by or on behalf of the body to 
the relevant collecting society, is in force: 
(b) each record is made solely for use by a handicapped reader 
for the purpose of research or study that he or she is under­
taking or proposes to undertake. or for the purpose of other­
wise instructing himself or herself on any matter; and 
(c) the body complies with subsection 135ZX (1) or (3), as the 
case requires, in relation to each copy. 
(2) The copyright in a published literary or dramatic work is not 
infringed by the making by, or on behalf of, a body administering an 
institution assisting handicapped readers, of one or more Braille ver­
sions. large-print versions or photographic versions of the work or of a 
part of the work if: 
(a) a remuneration notice. given by or on behalf of the body to 
the relevant collecting society, is in force; 
(b) each version is made solely for use by a handicapped reader 
for the purpose of research or study that he or she is under­
taking or proposes to undertake, or for the purpose of other­
wise instructing himself or herself on any matter; and 
(c) the body complies with subsection 135ZX (1) or (3), as the 
case requires, in relation to each version. 
(3) Where a sound recording of a work has been published, 
subsection (1) does not apply to the making of any record embodying 
a sound recording of the work (including a record that is a copy of 
that first-mentioned sound recording) for, or on behalf of, a body 
administering an institution assisting handicapped readers unless the 
person who makes that record, or causes that record to be made, is 
satisfied, after reasonable investigation, that no new record that em­
bodies only a sound recording of the work can be obtained within a 
reasonable time at an ordinary commercial price. 
(4) Where a Braille version of a work has been separately pub­
lished, subsection (2) does not apply to the making of a Braille version 
of the work, or of a part of the work, unless the person who makes 
that version~ or causes -that version to be made, for, or on behalf of, a 
body administering an institution assisting handicapped readers is 
satisfied, after reasonable investigation, that no new copy of a Braille IP/NIl/ ADS/1/ Add .. 1 
Page 124 
CopYflght Act 7968 1 1 1 
s. 135ZQ 
version of the work. being d versIon that has been separately pub­
lished, can be obtained within a reasonable time at an ordinary 
commercial price. 
(5) Where a large-print version of a work has been separatelv 
published. subsection (2) does not apply to the making of a large-print 
version of the work. or of a part of the work. uniess the person who 
makes the version, or causes the version to be made. for, or on behalf 
of, a body admInistering an institution assisting handicapped readers is 
satisfied. after reasonable investigation, that no new copy of a large­
print version of the work. being a version that has been separately 
published, can be obtained within a reasonable time at an ordinary 
commercial price. 
(6) Where a photographic version of a work has been separately 
published, subsection (2) does not apply to the making of a photo­
graphic version of the work, or of a part of the work. unless the person 
who makes the version. or causes the version to be made, for, or on 
behalf of, a body administering an institution assist~ng handicapped 
readers is satisfied. after reasonable investigation, that no new copy of 
a photographic version of the work, being a version that has been 
separately published, can be obtained within a reasonable time at an 
ordinary commercial price. 
(7) For the purposes of this section, a record or a version shall be 
taken to be a new record or version if it is not second-hand. 
Making of relevant reproductions by institutions assisting handicapped 
readers 
13SZQ. (1) Subject to this section, the copyright in a published 
literary or dramatic work is not infringed by the making by, or on 
behalf of, a body administering an institution assisting handicapped 
readers, of a relevant reproduction of the work. or of a part of the 
work, if the relevant reproduction is made solely for use in the making 
by, or on behalf of, that body, of a handicapped reader's copy of the 
work, or of a part of the work, as the case may be. 
(2) Where: 
(a) a relevant reprod uction of a work, or of a part of a work, is 
made by, or on behalf of, a body administering an institution 
assisting handicapped readers; and 
(b) t~e relevant reproduction: 
(i) is used otherwise than in the making by, or on behalf 
of, that body, of a handicapped reader's copy of the 
work, or of a part of the work, as the case may be; or 
(ii) is not destroyed within 3 months after the day on 
which it was made: -1 I:! 
s. 135ZR COPYflght Act 1968 IP/N/lIAUSIlIAdd.l 
Page 125 
subsection (1) does not ;} pply, and shall be taken never to have 
applied, to the making of the relevant reproduction. 
(3) Subsection (1) does not apply to the making of a relevant 
reproduction. being a record embodying a sound recording, of a work, 
or of a part of a work. unless. at the time the record was made, there 
was embodied on the record. immediately before ~he beginning of that 
sound recording, a sound recording of the prescribed message. 
(4) Subsection (1) does not apply to the making of a relevant 
reproduction of a work, or of a part of a work. unless the body by 
whom, or on whose behalf, the relevant reproduction is made marks it, 
or causes it to be marked, in accordance with the regulations. 
(5) In this section: 
"relevant reproduction" , in relation to a work, or a part of a work, 
means: 
(a) a copy of the work, or of a part of the work; or 
(b) a record embodying a sound recording of the work, or of a 
part of the work; or 
(c) a Braille version, a large-print version, or a photographic 
version. of the work, or of a part of the work. 
Division 4-Copying of works etc. by institutions assisting intellectually 
handicapped persons 
Copying of published editions by institutions assisting intellectually 
handicapped persons 
13SZR. The copyright in a published edition of a work (being a 
work in which copyright does not subsist) is not infringed by the 
making of one or more reproductions of the whole or a part of the 
edition in the course of making one or more copies of the whole or a 
part of the work by, or on behalf of, a body administering an 
institution assisting intellectually handicapped persons for use in the 
provision, whether by the institution or otherwise, of assistance to 
intellectually handicapped persons. 
Copying of eligible items by institutions assisting intellectually 
handicapped persons 
13SZS. (1) The copyright in an eligible item, or in any work or 
other subject-matter included in an eligible item, is not infringed by 
the making by, or on behalf of, a body administering an institution 
assisting intellectually handicapped persons of a copy of the whole or a 
part of the eligible item if: IPINI 11 AUS/lI Add. 1 
Page 126 
CooyngntAct 1968 11 J 
~. 135ZT 
(a) a remuneration notice. given by or en behalI of the bodv to 
the relevant coilectlng society, is in force: 
(b) the copy is made solely for the purpose of use In the provi­
sion. whether by the institution or otherwise. of assIstance to 
intellectually handicapped persons: and 
(c) the body complies with subsection i.35ZX (1) or (3). as the 
case requires, In relation to the cop~. 
(2) Subsection (1) does not JPpJy to [he making of a copy of the 
whole or a part of: 
(a) an eligible item. being a work that has been separately pub­
lished in a form that would be suitable for use in the provision 
of the assistance referred to in that subsection: or 
(b) an eligible item that is not a work; 
unless the person who makes the copy, or causes the copy to be made. 
is satisfied after reasonable investigation that: 
(c) in the case of an ejigible item referred to in paragraph (a)-no 
new copy of the eligible item in a form suitable for use in the 
provision of that assistance can be obtained within a reason­
able time at an ordinary commercial price; or 
(d) in the case of an eligible item referred to in paragraph (b)­
no new copy of the eligible item alone can be obtained within 
a reasonable time at an ordinary commercial price. 
(3) For the purposes of this section, a copy shall be taken to be 
new jf it is not second-hand. 
Making of copies for use in making intellectuaHy handicapped person's 
copies 
135ZT. (1) Subject to this section. the copyright in an eligible item 
or in a television broadcast is not infringed by the making by, or on 
behalf of, a body administering an institution assisting intellectually 
handicapped persons of a copy of the whole or a part of the eligible 
item or broadcast, if the copy is made solely for use in the making hv, 
or on behalf of, that body of an intellectually handicapped person '5 
copy of the whole or the part of the eligible item or broadcast, as the 
case may be. 
(2) Where: 
(a) a copy of the whole or a part of an eligible item or a television 
broadcast is made by, or on behalf of, a body administering an 
institution assisting intellectually handicapped persons~ and 
(b) the copy: 1 14 
s. 135ZU CooynghtAct 1968 IP/N/l! ADS/1/ Add. 1 
Page 127 
(i) is used otherwise than in the making by. or on behalf 
of. ~hat bodv of an intellectually handicapped per­
son'5 copy of the whole or the part of the eligible 
item or broadcast, as the case may be: or 
(ii) is not destroyed within 3 months after the day on 
which it was made: 
subsection (1) does not apply, and shall be taken never to have 
appiied. to the making of the copy. 
(3) Subsection (1) does not apply to the making of a record 
embodying a sound recording of the whole or part of an eligible item 
unless. at the time the record was made, there was embodied on the 
record, immediately before the beginning of that sound recording, a 
sound recording of the prescribed message. 
(4) Subsection (1) does not apply to the making of a copy of the 
whole or part of an eligible item or a television broadcast unless the 
body by whom, or on whose behalf, the copy is made, marks it, or 
causes it to be marked. in accordance with the regulations. 
Division 5 -Equitable remuneration 
Remuneration notices 
135ZU. (1) An administering body may, by notice in writing given 
to the relevant collecting society, undertake to pay equitable remu­
neration to the society for licensed copies made by it, or on its behalf, 
being copies made while the notice is in force. 
(2) A remuneration notice shall specify whether the amount of 
equitable remuneration is to be assessed on the basis of a records 
system or a sampling system. 
(3) A remuneration notice comes into force on the day on which it 
is given to the collecting society, or on such later day as is specified in 
the notice, and remains in force until it is revoked. 
Records notices 
135ZV. (I) Where a records notice is given by, or on behalf of, an 
administering body, the amount of equitable remuneration payable to 
the relevant collecting society by the administering body for each 
licensed copy made by it, or on its behalf, while the notice is in force 
is such amount as is determined by agreement between the administer­
ing body and that collecting society or, failing such agreement, by the 
Copyright Tribunal on application made by either of them. lP/N/II AUS/I I Add. 1 
Page 128 
CODynght Act 7968 115 
s. I35Z\\-' 
(2) For the purposes of subsection (I). different amounts may be 
determined (whether by agreement or by the Copyright Tribunal) in 
relation to different institutions administered bv the administering 
body and different cfasses of students of an institution administered bv 
~t. 
Sampling notices 
135ZW. (1) Where a sampling notice is given by, or on behalf ot. 
an administering bodv, [he amount of equitabJe remuneration payable 
to the relevant collectlng SOCIety by the administering body for licensed 
copies made by it, or on its behalf, while the notice is in force is such 
annual amount per student of the institution concerned as is deter­
mined by agreement between the administering body and that collect­
ing society or, failing such agreement, by the Copyright Tribunal on 
application made by either of them. 
(2) The annual amount referred to in subsection (1) shall be 
determined (whether by agreement or by the Copyright Tribunal) 
having regard to the number of licensed copies made by, or on behalf 
of, the administering body in a particular period and to such other 
matters (if any) as are relevant in the circumstances. 
(3) The number of copies referred to in subsection (2), and any 
other matters that are necessary or convenient to be assessed by use of 
a sampling system. shall be assessed by use of a sampling system 
determined by agreement between the administering body and the 
relevant collecting society or, failing such agreement, by the Copyright 
Tribunal on application made by either of them. 
(4) For the purposes of subsection (1), different annual amounts 
may be determined (whether by agreement or by the Copyright Tribu­
nal) in relation to different institutions administered by the administer­
ing body and different classes of students of an institution administered 
by it. 
(5) Where: 
(a) a sampling notice is given by, or on behalf of. an administering 
body to a collecting society~ and 
(b) during any period, the administering body does not comply 
with one or more of the requirements of the sampling system 
dete~mined under this section in relation to that notice~ 
sections 135ZJ, 135ZK, 135ZL, 135ZP and 135ZS do not apply to any 
copy of a work or other subject-matter by, or on behalf of. the 
administering body during that period. 1 16 COOYrlght Act 1968 
s. 135ZX 
"larking and record keeping requirements lP/NIl! AUS/l! Add. 1 
Page 129 
135ZX. (1) \V'here a records notice is given by 1 or on behalf of, an 
administering body to a coiiectlng society, the administering body 
shall : 
(a) mark, or cause to be marked, in accordance with the regula­
tions. each licensed cooy made by it. or on its behalf, while the 
notice is in force. or any container In which such a copy is 
kept; 
(b) make. or cause to be made, a record of the making of each 
licensed COPy that is carried out by it, or on its behalf, while 
the notice IS' in force. being a record containing such particu­
lars as are prescribed: 
(c) retain that record for the prescribed retention period after the 
making of the copy to which it relates; and 
(d) send copies of all such records to the coJlecting society in 
accordance with the regulations. 
(2) For the purposes of subsection (1), a record of the making of a 
licensed copy: 
(a) may be kept in writing or in any other manner prescribed; and 
(b) if it is kept in writing, shall be in accordance with the pre­
scribed form. 
(3) Where a sampling notice is given by, or on behalf of. an 
administering body to a collecting society, the administering body shaH 
mark, or cause to be marked. in accordance with the regulations, each 
licensed copy made by it, or on its behalf, while the notice is in force. 
or any container in which such a copy is kept. 
(4) Regulations made for the purposes of paragraph (1) (a) or (b) 
or subsection (3) may prescribe different marks or particulars, and 
impose different requirements. in relation to different kinds of licensed 
copies or different kinds of works or eligible items. 
Inspection of records etc. 
13SZY. (1) Where a remuneration notice is or has been in force, 
the relevant collecting society to which the notice was given may, in 
writing, notify the administering body which gave the notice that the 
society wishes, on a day specified in the notice, being an ordinary 
working day of the institution specified in the notice not earlier than 7 
days after th~ day on which the notice is given to do such of the 
following things as are specified in the notice: 
(a) assess the amount of licensed copying carried out at the 
premises of the institution: IP/N/l/ AUS/l/ Add. 1 
Page 130 
COPYright Act 1968 11 ~ 
s. 135ZZ 
(b) inspect ad the relevant records held at those premises tnat 
relate to the making of licensed copies; 
(c) inspect such other records held at those premises dS are 
relevant to the assessment of the amount of equitable rem u­
neration payaole by the administering body to the society. 
(2) Where a collecting societv gives a notice, a person authorised 
in writing by the socIety may, during the ordinary working hours of the 
reievant institution on the day specified in the notice (but not before 
10 a.m. or after 3 p.m.), carrv out the assessment, or inspect the 
records. to which the nO[lce relates and. for that purpose. may enter 
the premises of the institution. 
(3) An administering body shall take al1 reasonable precautions. 
and exercise reasonable diligence, to ensure that a person referred to 
in subsection (2) who attends at the premises of an institution admin­
istered by the body for the purpose of exercising the powers conferred 
by that subsection is provided with all reasonable and necessary 
facilities and assistance for the effective exercise of those powers. 
(4) An administering body that contravenes subsection (3) is guiltv 
of an offence punishable. on conviction. by a fine not exceeding $500. 
Revocation of remuneration notice 
135ZZ. A remuneration notice may be revoked at any time by the 
relevant administering body by notice in writing given to the relevant 
collecting society and the revocation takes effect at the end of 3 
months after the date of the notice or on such later day as is specified 
in the notice. 
Request for payment of equitable remuneration 
135ZZA. (1) Subject to this section, where a remuneration notice 
is or has been in force. the relevant collecting society may, by notice in 
writing given to the administering body which gave the notice, request 
the body to pay to the society, within a reasonable time after the date 
of the notice. the amount of equitable remuneration specified in the 
notice, being an amount payable under section 135ZV or 135ZW. as 
the case may be. for I icensed copies made by, or on· behalf of, the body 
while the remuneration notice is or was in force. 
(2) Where the remuneration notice is a sampling notice, a collect­
ing society shall not make a request under this section more than once 
in each period of 12 months during which the notice is in force. 118 
s.13SZZB Copyright Act 1968 IP/N/l! AUS/l! Add. 1 
Page 131 
(3) If an amount specified in a request IS not paid in accordance 
with the request. it may be recovered from the relevant administering 
body by (he relevant collecting society in the Federal Court of Austra­
lia or in any other court of competent jurisdiction as a debt due to the 
society. 
(4) Jurisdiction is conferred on the Federal Court of Australia 
with respect to actions under subsection (3). 
Division 6-Collecting societies 
C~lecting societies 
13SZZB. (1) Subject to this section, the Attorney-General may, by 
notice in the Gazelle, declare the body named in the notice to be the 
collecting society for all relevant copyright owners or for such classes 
of relevant copyright owners as are specified in the notice. 
(2) Where the Attorney-General declares a body to be the collect­
ing society for a specified class of copyright owners and subsequently 
declares another body to be the collecting society for that class of 
copyright owners: 
(a) the first-mentioned collecting society ceases to be the collect­
ing society for that class of copyright owners on the day on 
which the subsequent declaration is made; and 
(b) any remuneration notice given to that collecting society ceases 
to be in force to the extent to which it relates to licensed 
copies of works or other subject-matter the copyright owners 
of which are included in that class of copyright owners. 
(3) The Attorney-General shall not declare the body to be a 
collecting society unless: 
(a) it is a company limited by guarantee and incorporated under a 
law in force in a State or Territory relating to companies; 
(b) all persons who are included in a class of relevant copyright 
owners to be specified in the declaration, or their agents, are 
entitled to become its members; 
(c) its rules prohibit the payment of dividends to its members; and 
(d) its rules contain such other provisions as are prescribed, being 
provisions necessary to ensure that the interests of members of 
a collecting society who are relevant copyright owners or their 
agents are protected adequately, including, in particular, provi­
sions about: 
(i) the collection of amounts of equitable remuneration 
payable by administering bodies under section 135ZV 
or 135ZW; lP/NIl! ADS/l/ Add. 1 
Page 132 
Copynght Act 7968 119 
s.13SZZC 
(ii) the payment of the administrative costs of a collecting 
society out of amounts coiIected by it~ 
(iii) the distribution of amounts collected by a collecting 
society; 
(iv) the holding on trust by a collecting societv of 
amounts for relevant copyright owners who are not Its 
members; and 
(v) access to records of a collecting society by its mem­
bers. 
(4) Where the Attorney-General has declared a body to be the 
collecting society for a specified class of copyright owners, the Attor­
ney-General may refuse to declare another body to be the collecting 
society for that class of copyright owners unless satisfied that to do so 
would be in the interests of those copyright owners, having regard to 
the number of members of the first-mentioned society, the scope of its 
activities and such other considerations as are relevant. 
Revocation of declaration 
135ZZC. The Attorney-General may, by notice in the Gazelle. 
revoke the declaration of a body as a collecting society if satisfied that 
the body: 
(a) is not functioning adequately as a collecting society~ 
(b) is not acting in accordance with its rules or in the best 
interests of those of its members who are relevant copyright 
owners, or their agents; 
(c) has altered its rules so that they no longer comply with 
paragraphs 135ZZB (3) (c) and (d); or 
(d) has refused or failed, without reasonable excuse, to comply 
with section 135ZZD or 135ZZE. 
Annual report and accounts 
135ZZD. (1) A collecting society shall. as soon as practicable after 
the end of each financial year, prepare a report of its operations 
during that financial year and send a copy of the report to the 
Attorney-General. 
(2) The Attorney-General shall cause a copy of the report sent to 
the Attorney-General under subsection (1) to be laid before each 
House of t~e Parliament within 15 sitting days of that House after the 
receipt of the report by the Attorney-General. 
(3) A collecting society shall keep accounting records correctly 
recording and explaining the transactions of the society (including any 
transactions as trustee) and the financial position of the society. 120 
s.135ZZE Copyright Act 7968 IP/N/lIAUSIlIAdd.1 
Page 133 
(4) The accounting records shaH be kept in such a manner as will 
enable true and fair accounts of the society to be prepared from time 
to time and those accounts to be conveniently and properly audited. 
(5) A collecting society shall, as soon as practicable after the end 
of each financial year, cause its accounts to be audited by an auditor 
who is not a member of the society, and shall send to the Attorney­
General a copy of its accounts as so audited. 
(6) A collecting society shall give its members reasonable access to 
copies of all reports and audited accounts prepared by it under this 
5ection. 
(7) This section does not affect any obligations of a collecting 
society relating to the preparation and lodging of annual returns or 
accounts under the law under which it is incorporated. 
Amendment of rules 
135ZZE. A collecting society shail, within 21 days after it alters its 
rules, send a copy of the rules as so altered to the Attorney-General. 
together with a statement setting out the effect of the alteration and the 
reasons why it was made. 
Division 7 -Miscellaneous 
Rights of copyright owners 
13SZZF. (1) Nothing in this Part affects the right of the owner of 
the copyright in a work to grant a licence authorising the body 
administering an educational institution to make, or cause to be made~ 
copies of the whole or a part of the work without infringement of that 
copyright. 
(2) Nothing in this Part affects the right of the owner of the 
copyright in a work to grant a licence authorising the body administer­
ing an institution assisting handicapped readers to make, or cause to 
be made, sound recordings of, or Braille, large-print or photographic 
versions of, the whole or a part of the work without infringement of 
that copyright. 
(3) Nothing in this Part affects the right of the owner of the 
copyright in an eligible item to grant a licence authorising the body 
administering an institution assisting intellectually handicapped per­
sons to make, or cause to be made, a copy of the whole or a part of 
the eligible item without infringement of that copyright. IP/N/l! AUS/l! Add. 1 
Page 134 
Copyright Act 1968 121 
s.135ZZG 
Copyright not to vest in copier 
13SZZG. Despite any other provIsIon of this Act, copyright does 
not vest in the maker of a handicapped reader's copy of the whole or 
part of a work, or of an intellectually handicapped person's copy of 
the whole or part of an eligible item, mereiy because of the making of 
the copy. 
Unauthorised use of copies 
13SZZH. (1) Where a copy, record or version of a work, a sound 
recording or a cinematograph film, being a copy, record or version 
referred to in a prescribed provision of this Part: 
(a) is sold or otherwise supplied for a financial profit; 
(b) is used for a purpose other than the purpose specified in the 
prescribed provision; or 
(c) is given to an administering body when there is not in force a 
remuneration notice given by that body to the relevant collect-
ing society; -
with the consent of the administering body by whom, or on whose 
behalf, it is made, the prescribed provision does not apply, and shall 
be taken never to have applied, to the making of the copy. 
(2) For the purposes of this section, subsection 135ZG (1), sub­
section 135ZJ (1), section 135ZK and subsections 135ZL (1), 135ZP 
(1) and (2) and 135ZS (1) are prescribed provisions. 
Interpretation 
13SZZJ. In -tbi.s Part: uNCC ~n"Tt.:.T 
(A~ A ,AI--) By 
t1IGH aulJ--r 
Rf=:-PEAl-ei:) ~.~ . 
~L-A-nOI\j il'\J tC\( 
('yet 3 k~CSJ...trTI~ r; 
"blank tape" means a tape, 0 er than an exempt tape, that is of a FrVLt.. 
kind ordinarily purchased ired for use for making copies of sound 
recordings, whether or any sounds are embodied in the tape; 
"collecting society" eans the body that is, for the time being, de­
clared to be th~lIecting society under section 135ZZU; 
"distribute" JH'eans distribute by way of trade; 
"eligible reign country" means a foreign country declared by the 
regula' ns to be an eligible foreign country for the purposes of this 
Par, 122 
s.13SZZJ Copyright Act 1968 IP/N/I/AUS/I/Add,1 
Page 135 
~~~~MH~~~~~~~~~~~YnnQd~re~c~o~r~d~in~g the maker of 
which was, at the time the recording was made: 
(a) an Australian citizen, an Australian protected 
person resident in Australia; 
(b) a body corporate incorporated under a law . / force in a State 
or Territory relating to companies; or 
(c) a citizen, national or resident of a fore' n country, or a body 
corporate incorporated under a law 0 a foreign country, being 
a foreign country that was at that t' e, or afterwards became, 
an eligible foreign country; 
"eligible work" means a literary, dram c or musical work the author 
of which was, at the time the work wa made: 
(a) an Australian citizen, an ustralian protected person or a 
person resident in Austral" ; or 
(b) a citizen, national or [ sident of a foreign country, being a 
foreign country that w s at that time, or afterwards became, an 
eligible foreign coun 
"exempt body" means a ody or organisation in respect of which a 
declaration is in force un er section 135ZZT; 
"exempt tape" means: 
(a) a tape that has a normal playing time of 30 minutes or less; 
/ (b) a second-hard tape; 
(c) a micro~a ene of a kind ordinarily used for making sound 
recordin of dictated material; 
(d) a tape 0 a kind known as open reel tape or reel-to-reel tape; 
(e) a videltape; or 
(f) a tapl of a kind ordinarily used for storing computer data or 
prorams; 
"exemption' number" means the number issued to an exempt body or 
a prescribed organisation under section 13SZZT; 
"proclaiJted day" means the day fixed by Proclamation for the pur­
pose~ this Part, being a day not earlier than the day on which the 
Copyr'ght Tribunal first makes an order determining the amount 
refer d to in subsection 135ZZN (2); 
"qu rter" means a quarter of a calendar year, being a quarter begin­
nin on 1 January, 1 April, 1 July or 1 October; 
"r levant c~pyright owner" means the owner of the copyright in an 
e gible sound recording or an eligible work; 
royalty" means the royalty payable for a blank tape under this Part; 
"rules" , in relation to the collecting society, means the provisions of 
the memorandum and articles of association of the society; 
"sell" m . IP/N/l/AUSIlIAdd.l 
Page 136 
CcoyngncAct 1968 
"vendor" ::1P3ps' versos 
business. seiis. hires or otherWise distributes hiank tapes. 
Private and domestic use s. 13SZZK 
b£ M" her 
/' 
135ZZK. For the purposes of this Part. a copy,: of a SOUIH.l 
recordine shall be taken not to have been made ,for the private anu 
domestic- use of the person who made It if it is/ma<.!lfor the purpose 
at ,/ 
(' a ) 5 e i I i n g the cop y. I e tt i n g i t for h ire" 0 r b y/"~ v 0 f t r ad e 0 if e rt n g 
or eXpOSing it for sale or hire: .. /~ 
(b) distri outing the copy, whether forJile purpose of trade or 
otherwise: J' 
(c) by way of trade exhibiting-/the cop/'in public: 
(d) broadcasting the recordi'ng; or /of 
(e) causing the recording'to be h~rd in public. 
i 
<it 
Operation of collecting society ru1r<' 
135ZZL. This Part appiies~/to the collecting society despite anv­
thing in the rules oLthe soci~y but nothing in this Part affects those 
rules so far as they can operj'Ye together with this Part. 
DiViSiO,4-coPYin g with blank tapes 
tY 
Copying with blank t~ 
135ZZ!\t. (Xl) ~pyright subsisting in a published sound recording, 
or in any work included in a published sound recording, is not 
infringed by rn, ing on private premises a copy of the sound recording 
if the copy is Jflade on or after the proclaimed day on a blank tape for 
the private a6d domestic use of the person who makes it. 
(2) ~section (1) applies whether the blank tape was first soid. 
hired 0/ otherwise distributed in Australia before or after the com­
menc . ent of this section. 
) Where a copy of a sound recording made in reliance on 
s section (1) is used otherwise than for the private and domestic use 
f the person who made it. subsection (1) does not apply, and shall be 124 
s. 135ZZ!'-J COD'ynght Act 7968 IP/NIl/ AUS/l/ Add. 1 
Page 137 
Oi"is' MJc ZtZ ,SSi ; 6 ; aiew 
Blank tape royaity 
135ZZ~. (1) Subject to this Part, a [CfVaity is payable for each 
blank tape first sold. let for hire or otherwhe distrIbuted in Australia 
on or after the prociai med dav. I 
I' 
(2) The amount of the royalty payable ror a blank tape IS an 
amount worked out using tne formula: / - , 
where: i 
! 
A x Nfd 
.I 
! i 
A is the amount per minute/determined by the CopYrIght Tribu­
nal under section 153E: and 
~M is the number/of minut~ of normal playing time of the tape. 
Royalty payable by vendor / 
135ZZP. (1) The rOyal' for a blank tape is payable by the vendor 
who first sells., lets for ./tire or otherwise distributes the tape in Australia.' . 
./ 
(2) A vendor shaH/within 21 days after the end of the quarter in 
which this Part commences and within 21 davs after the end of each 
succeeding quarter. rfoy to the coHecting soci"ety an amount equal to 
the sum of the amstUnts of royalty payable by the vendor for blank 
tapes first; sold. lerl for hire or distributed by the vendor during that 
quarter. / 
; 
Recoven' of amf\lnts of rovaitv . l .. 
13SZZQ. it!) An amount payable to the collecting society by a 
vendor undej section 135ZZP is recoverable from the vendor by the 
socie~ in the Federal Court of Australia or any other court of 
compe1:tn . urisdiction as a debt due to the society. 
(2) urisdiction is conferred on the Federal Court of Australia 
with re ect to actions under subsection {I). 
Roys4 not payable in cenain cases 
fi~. A vendor who sells blank tapes to a preSCribed 
or . nisation or to an exempt body is not liable to pay the royalty in 
r pecr of any blank tape so sold by the vendor to that organisation or IP/N/1/AUS/1/Add.1 
Page 138 
CcoyngntAcl1968 L25 
s. IJ5ZZ5 
\ a) pt8Fli@Sid:S of .Hc .. 6111131 :31 do irig bilk 61 tlIe:: (ape. ~ogecyier 
with such other !J3rtlcuiars (if any) of the tape/and the sale as 
are prescribed: Jno ~ /' 
(b) the exemption n umber or the organisation or bodv. 
~ ,-
/ 
Payment of amounts by coHecling society to prescribed orgal,71salions 
etc. / 
135ZZS. (1) V/here 3 orescribed oreanlsation or anixemot boo\': 
(a) purchases a blanK 'tape from a \~ndor: and /1 . 
(DJ gives t~e coilectlng society particulars of JIle normai ~:aying 
time ot the tape. together wtth such othe," partIculars (It any) 
of the tape and the purchase as are pr~crjbed and a receipt 
for the purchase: ,I 
~ 
the collecting society shall pay/ to the organiiation or body an amount 
equai to the amount of the royalty payable./or the tape. whether or not 
that amount of rovaltv has b'een paid. I 
. - / . 
(2) Subsection (1) does not/apply where the prescribed 
organisation or exempt. body purcha~s the blank tape from a vendor 
who IS not liable under sectIon 1357ZR to pay the royalty in respect of 
that blank tape./ 
; 
(3) Where a person or bocij (other than a prescribed organisation 
or an exempt body): I 
(a) purchases a blank t~e from a vendor: and 
t b) gives the coHecri~ societv a receipt for the purchase of the 
tape together wiJh a statutory declaration made by the person. 
or by an officei' or member of the bodv, as the case may be: 
- I - • 
(i) conraining particulars of the normal playing time of 
thl tape, together with such other particulars (if any) 
~ the tape and the purchase as are prescribed: and 
(iiV declaring that the person or body wiil not use the 
/ tape. or cause or permit it to be used, or make it 
. avadable to any person for use, for the purpose of 
making a copy of a sound recording in which copy­
right subsists unless the person or body is the owner 
or licensee of the right to make a copy of the sound 
recording; 
oHecring society shaH pay to the person or body an amount equal 
he amo'unt of the royalty payable for the tape, whether or not that 126 
s. 13SZZT CODyngntAc[ 1968 IP/N/l! AUS/1/ Add. 1 
Page 139 
Exempt ~uj· •• fti EJiChipeiOii liUiii&t ---7 
135ZZT. (1) A boay or organIsation, other ~~han a prescnbed 
organIsation, may appjy in writing to the colle~ing society to be 
declared an exempt body. ! 
(2) Where the coilecting soclety is satlsfied that a body or 
organIsation which has appiied to tne society (oes not use blank tapes. 
or make blank tapes avaiiabie to any of its/plembers, for the purpose 
of making copies of sound recordings it which copyright subsists 
uniess the body, organisation or memoe-r,( as the case may be, is the 
owner or licensee of the rignt to m~ such copies, the collecting 
society shall, by notice in writing to rh! body or organisation, deciare 
the body or organisation to be an exeBlpt body and issue an exemption 
number to it. I 
(3) Where the collecting sac!ity is satisfied that an exempt body 
uses blank tapes. or makes bla~ tapes available to its members for 
use, for the purpose referred; tctin subseftion (2), the collecting society 
may, by notice in writing giv~ to the body, revoke the declaration of 
the body as an exempt ,bOJly and withdraw the exemption number 
issued to it. I 
(4) The collecting JCiety shal1. on the request of a prescribed 
organisation. issue an e~mptjon number to the organisation. 
,'i 
/ 
I¥vision 4 -The coiLecting society , 
f The collecting ,SOC~ty 
,; 
13SZZU., / (Ill Subject to this sectIon. the Attorney-General may, by 
notice in tne aazelte, declare the body named in the notice to be the 
co 11 ecti n g,/so~ty . -
(2) .Thct'~ttornev-Generai shall not name more than one body in a 
deciaratioJi' and shall not make a deciaration while an earlier declara­
tion is i iforce. 
(3) The Attorney-General shall not declare a body to be the 
coile ing society unjess: 
a) it is a company limited by guarantee and incorporated under a 
law in force in a State or Territory relating to companies; 
(c) all relevant copyright owners. or their agents., are entitled to 
becqme its members: IP/N/l! ADS/l! Add. 1 
Page 140 
Coo¥ngnrAcr 1968 ,-, .... 
• _1 
~. lJ5ZZV 
Id) ice fW!86 @@ilLdIIl seeR etAer ~reOlji6iiS us die pIGS'a:Q, beIng 
provlsi~ns ~ecessary to ensure that, the interests of the joilect­
Ing SOCIety s memoers wno are relevant copyngnt ~ners or 
their agents are protectea adequately, including, JrY/~artlcuiar. 
provisions about: /' 
(i) the collectlon or amounts of royalty fr.om veneors: 
(ii) the payment or the administrative cos.rs or the soclerv 
out of amounts coilectea by it: 
j iii) the distribullon of amounts collected by it: 
(iv) the holding on trust of amourus fOr relevant copYflght 
owners who are not its membets; and 
(v) access to recoras of the so.ciety by its memoers. 
Revocation oi declaration 
135ZZV. The Attornev-General may, by notice in the Gazelle. 
revoke the declaration or a body as tile collecting society if satisfied 
that the body: 
(a) is not functioning adequateL~ as the collecting society; 
(b) is not acting in accordance with its rules or in the best 
interests of those of itS'" memoers who are relevant copyright 
owners. or their agents::' 
(c) has altered its ruies so that they no longer comply wHh 
paragraphs 135ZZU (3) (c) and (d); or 
(d) has refused/or failed. without reasonable excuse. to compiy 
with section 135ZZ\V or 135ZZX. 
Annual report and accounts 
:--
135ZZW. (1),/ The coilecting society shall. as soon as practicable 
after the end ot/each financial year. prepare a report of its operations 
during tbat tirianciaj year and send a copy of the report to the 
Attorney-General. 
(2) The Attorney-General shaH cause a copy of the report sent to 
the, Attorney-General under subsection (1) to be laid before each 
House gf the Parliament within 15 sitting days of that House after the 
receipt of the report by the Attorney-General. 
(3) The society shall keep accounting records correctly recording 
and expjaining the transactIons of the society (including any transac­
~ons as trustee, and the financial position of the society. 
(4) The accounting records shall be kept in such a manner as will 
enable true and fair accounts of the society to be prepared from time 
tJ li •• 8R8 11 cB,.-1ta.8t1RM l8 i!!8 .8R aRiBRII) lAd pE 6f1.Fly 9,,1;"'6. 123 
s. 135ZZX Cccyngnr Act 1968 IPINIl! AUSlli Add. 1 
Page 141 
(5) 7ke JeElcly shall. as SoOh as pi aCCicable . \C1:!!!!::Clid oizu:zn 
financiai year, cause its accounts to be audited by an auditor wrr,6 is 
not a member of the society. and shaH send to the Attorney·Genlrai a 
coov of its accounts as so audited. :f 
(6) The society shall give its memoers reasonable access 0 copIes 
of ail reports and audited accounts prepared under this sect' n. 
(7) This section does not affect any obligations 0/ the socIety 
relatIng to the preparation and lodging of annual retur/s or accounts 
under the law under which it is incorporated. , I 
Amendment of ruies 
135ZZX. The collecting society shall, withinj21 days after it alters 
its ruies, send a copy of the ruies as /so al~red to the Attorney· 
General. together with a statement setting o~ the effect of the alter· 
ation and the reasons why it was made. I 
Inspection of records etc. ~ 
135ZZY. (1) The coilecting so ety may, in writing~ notify a 
vendor who is liable to pay Iroyajty at the society wishes, on a day 
specified in the notice. being an or,tinary working day not eariier than 
7 days after the day on w,.oich the)iotice is given, to inspect all records 
held by ,the vendor at the prJ'mises specified in the notice, being 
records that relate to/ the saiejietting for hire or distribution of blank 
tapes by the vendor/ and sucj{ other records held at those premises as 
are relevant to thel asses7s~ t of the amount of royalty payable by the 
vendor to the society. 
(2) Where/the coH~ting society gives a notice, a person authorised 
in writing by; the soc~ty may, during ordinary working hours on the 
day specified in thV' notice. inspect the records to which the notice 
reiates and, for1th purpose, may enter the premises specified in the 
nO(Jce. 
(3) .. A per. n who hinders or obstructs a person in the exercise of 
the powers c nferred by subsection (2) is gUilty of an offence punish· 
able ... on co iction, by a fine not exceeding $500. 
person who, whether directly or indirectly, makes a record 
sctoses or communicates to a person any prescribed informa­
cept for the purpose of ensuring compliance with a provision of 
this art, is guilty of an offence punishable, on conviction. by a fine 
novexceeding $500. 
/f (5) I n this section: 
/"prescribed information" means information obtained as a result of an 
mSpcctseh CUi i ied oat onHCi this section. -IPINll! AUS/1/ Add. 1 
Page 142 
CQDyngnt Act 7968 
Bit is_; ; ti vei [g:!5Q'L~ 
// 
Copyright owners may authorise copying~· ,,/ 
/ 129 
s. l)SZZZ 
13SZZZ. ~othing in thIS Part affect,Ythe right of the owner of the 
.:opyright in 3 work or other su~~ct-ma((er to grant a iicence 
Jutnorising a person to maKe· or caus'e to be made. a sound recording. 
;)r a copy of a sound recording"of the work or other subject-matter 
without infringing that copyngn}! 
Copyright not to vest in co~r 
13SZZZA. Despite any other provIsion of this Act. the maKing or a 
copy of a sound recarding that IS not an infringement of copyright 
:.lnder this Part. d~~' not vest copyrigh.t in any work or other subject­
~atter in any person. 
" 
J 
Eligible- foreigori countries 
13SZZ2B. .-\ foreign country shail not be deciares bv the reguia­
:ions t~/6e an eiigible foreign country for the purposes' of this -Part 
unresvihe Governor-Genera! is satisfied that adequate payments are. 
or ~IH be, made to owners of copyright under this Act in sound 
r~ordings and in literary, dramatic or musical works as part of a 
·~ape ro;wit. "be ill eperarjps jn thar CQJJnTry 
PART VI-THE COPYRIGHT TRIBUNAL 
Division 1-Preiiminary 
Interpretation 
136. (1) I n this Pan. uniess the contrary intention appears: 
'"'Judge" means: 
(a) a Judge of a federal court or of the Supreme Court of a State 
or Territory; or 
(b) a person who has the same designation and status as a Judge 
Ol a iederai court~ 
··Hcence" means a licence granted by or on behalf of the owner or 
prospective owner of the copyright in a literary, dramatic or musical 
work. or of the copyright in a sound recording, being: 
(a) in the case of a literary, dramatic or m usical work - a licence 
to periorm the work or an adaptation of the work in public. to 
broadcast the work or an adaptation of the work. to make a 
sound recording or cinematograph film of the work or of an 
adaptation of the work for the purpose of broadcasting the 130 Copynght Act 1968 IP/N/l! ADS/l/ Add. 1 
Page 143 
s.136 
work or adaptation or to cause the work or an adapcation of 
the work to be transmitted to subscribers to a diffusion service: 
or 
(b) in the case of a sound recording-a licence to cause the 
recording to be heard in public or to make a copy of the 
sound recording for the purpose of broadcasting the recording; 
"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 or licensors and setting out the classes 
of cases in which the licensor or each of the licensors is willing, or the 
persons on whose behalf the licensor or each of the licensors acts are 
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: 
(a) in relation to licences in respect of a literary, dramatic or 
musical work -the owner or prospective owner of the copy­
right in the work or any body of persons (whether corporate 
or unincorporate) acting as agent for the owner or prospective 
owner in relation to the negotiation or granting of such 
licences~ and 
(b) in relation to licences in respect of a sound recording- the 
owner or prospective owner of the copyright in the recording 
or any body of persons (whether corporate or unincorporate) 
acting as agent for the owner or prospective owner in relation 
to the negotiation or granting of such licences; 
"member" means a member of the Tribunal, and includes the Presi­
dent and the Deputy President; 
"order" includes an interim order; 
"organization" means an organization or association of persons wheth­
er corporate or unincorporate; 
"party" includes a person making representations to the Tribunal at 
an inquiry under section 148; 
"proceeding" , in relation to the Tribunal, includes an inquiry by the 
Tribunal under section 148; 
"the Deputy President" means the Deputy President of the Tribunal; 
"the President" means the President of the Tribunal. 
(2) I n 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 oppor~unity to a person or organiza­
tion of presenting a case is a reference to giving the person or 
organization an opportunity, at the option of the person or IP/N/l! AUS/V Add. 1 
Page 144 
Copyright Act 1968 131 
s.l37 
organization, of submitting representations in wflung, 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 i ncl udes a reference to a person who holds a I icence 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 in­
cludes a reference to proceedings brought in respect of an 
alleged contravention of subsection 132 (S) or (SAA). 
(3) For the purposes of this Part, a person shall not be taken not 
to require a licence to cause a sound recording to be heard in public 
by reason only of the operation of section 108. 
Cases to which licence schemes apply 
137. (1) For the purposes of this Part, a case shall, subject to the 
next succeeding subsection, 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 con­
ditions 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. 
Division 2 -Constitution of the TribunaL 
Constitution of Tribunal 
138. The Copyright Tribunal established by the section for which 
this section was substituted by section 138 of the Statute Law (Mis­
cellaneous Amendments) Act (No. 1) 1982 continues in existence but 
shall consist of a President, a Deputy President and such other mem­
bers as are appointed in accordance with this Division. 
Appointment of members of Tribunal 
139. A member of the Tribunal shall be appointed by the Gov­
ernor-General. 132 IP/NllIAUS/lIAdd.1 
Page 145 
Copyright Act 1968 
s. J40 
Qualifications of members 
140. (1) A person shall not be appointed as the President or as 
the Deputy President unless he is a Judge of the Federal Court of 
Australia. 
(2) A person shaH not be appointed as a member (other than the 
President or the Deputy President) unless: 
(a) he is or has been a Judge; 
(b) he is enroiied as a legal practitioner of the High Court. of 
another federal court or of the Supreme Court of a State or 
Territory and has been so enrolled for not iess than 5 years: 
(c) he has had experience. for not less than 5 years, at a high level 
in industry, commerce, bu'siness, public administration, educa­
tion or the practice of a profession; 
(d) he has obtained a degree of a university, or an educational 
qualification of a similar standing, after studies in the field of 
law, economics or public administration; or 
(e) he has, in the opinion of the Governor-General, special knowl­
edge or skill relevant to the duties of a member. 
Tenure of office 
141. (1) Subject to this section, a member holds office for such 
period, not exceeding 7 years, as is specified in the instrument of his 
appointment, but is eligible for re-appointment. 
(2) Where a member who is a Judge ceases to be a Judge, he 
ceases to hold office as a member, but he is eligible for appointment as 
a member (other than the President or the Deputy President). 
(3) The Governor-General may terminate the appointment of a 
member (other than a member who is a Judge) for physical or mental 
incapacity. 
(4) The Governor-General shall terminate the appointment of a 
member (other than a member who is a Judge) if: 
(a) the member is guilty of misbehaviour; or 
(b) the member becomes bankrupt, applies to take the benefit of 
any law for the relief of bankrupt or insolvent debtors, com­
pounds with his creditors or makes an assignment of his 
remuneration for their benefit. IP/N/l! ADS/l/ Add.1 
Page 146 
Acting President 
142. CopYflgnt Act 1968 133 
s. 142 
(2) The Deputy President shall act as PresHjent of the Tribunai 
during any vaCJncv in the office. or suspensIon. lllness or absence. of 
the PresIdent Jnd while the Deputy President !s acting as President. he 
has and mav exercise ail the powers. ;..tnd shall perform 311 the 
functions and duties. conferred or imposed bv this Act on the PresI­
dent. 
Remuneration and aJIowances 
143. (1) Subject to this section. a member shall be paid such 
remuneration as is determined by the Remuneration Tribunal but. if 
no determination of that remuneration by the Tribunal is in operation, 
he shall be paid such remuneration as is prescribed. 
(2) A member shall be paid such allowances as are prescribed. 
(3) Subsections (1) and (2) have effect subject to -the Remuneralion 
TribunaLs Act 1973. 
(4) A member who is a Judge is not, while he receives salary or 
annual allowance as a Judge, entitled to remuneration under this Act. 
Oath or affirmation of office 
144. (1) A member shall, before proceeding to discharge the 
duties of his office, take an oath or make an affirmation in accordance 
with the form of oath or affirmation in the Schedule to this Act. 
(2) An oath or affirmation shall be taken or made before a justice 
or judge of a federal court or of the Supreme Court of a State. 
Disclosure of interests by members 
144A. (1) Where a member is, or is to be, the Tribunal, or a 
member of the Tribunal, as constituted for the purposes of a proceed­
ing and he has or acquires any interest. pecuniary or otherwise, that 
could contlict with the proper performance of his functions in relation 
to chat proceeding: 
(a) he shall disclose the interest to the parties to the proceeding; 
and 
(b) except with the consent of all the parties to the proceeding, he 
shaH not take part in the proceeding. 
(2) Where the President becomes aware that a member is. or is to 
be, the Tribunal, or a member of the Tribunal. as constituted for the 
purposes of a proceeding and that the member has. in relation to that 
proceeding, such an interest as is mentioned under subsection (1): 134 CODynght Act 1968 IP/N/l! AUS/l! Add. 1 
Page 147 
s. 1448 
(a) if the President considers that the member should not take 
part. or should not continue to take part. in the proceed­
ing-he shail give a direction to the member accordingly; or 
(b) in any other case-he shall cause the interest of the member to 
be disclosed to the parties to the proceeding. 
(3) I n this section: 
(a) a reference to a proceeding shaH be read as a reference to a 
proceeding by way of an inquiry by, or an application or 
reference to, the Tribunal under this Act; and 
(b) a reference to a party to a proceeding, being an inquiry 
conducted by the Tribunal in pursuance of section 148, shall 
be read as a reference to a person or organization recognized 
by the Tribunal as a partv to the inquiry. 
Removal from office for failure to disclose interest 
144B. Where the Governor-General is satisfied that a member 
(other than a member who is a Judge) has failed, without reasonable 
excuse, to make a disclosure that he is, under subsection 144A (1), 
required to make, the Governor-General shall remove that member 
from office. 
Resignation 
145. A member may resign his office by writing signed by him and 
delivered to the Governor-General. 
Sittings of the Tribunal 
146. (1) Sittings of the Tribunal shall be held at such places and 
times as the President determines. 
(2) Subject to the next succeeding subsection, the Tribunal shall be 
constituted by a single member. 
(3) Where: 
(a) the Tribunal holds an inquiry under section 148: or 
(b) any party to an application or reference requests that the 
Tribunal be constituted by more than one member for the 
purposes of that application or reference; 
the Tribunal shall, for the purposes of the inquiry, application or 
reference, be constituted by not less than 2 members of whom one 
shall be the' President or the Deputy President, but nothing in this 
subsection prevents a single member exercising the powers of the 
Tribunal in relation to matters of procedure. IP/N/l! ADS/I/ Add. 1 
Page 148 
Copyright Act 1968 135 
s. 147 
(4) At a proceeding berore the Tribuna! constituted by more than 
one member: 
(a) if the President is one of the members constituting the Trihu­
nal-he shall preside: and 
(b) in any other case-lhe Deputy President shall preside. 
(5) Where the Tribunai constituted by more than one member IS 
divided in opinion on a question. the question shall be decided 
according to the decision of the majority, if there is a majorltv. but If 
the Tribunal as so constituted is equally divided In opinion. the 
question shall be decided according to the opinion of the President or, 
if he is not one of the members constituting the Tribunal. according to 
the opinion of the Deputy President. 
(6) The Tribunal constituted by a member or members may sit 
and exercise the powers of the Tribunal notwithstanding that the 
Tribunal constituted by another member or other members is at the 
same time sitting and exercising those powers. 
(7) The exercise of the powers of the Tribunal is not affected by a 
vacancy or vacancies in the membership of the Tribunal. 
(8) Where the hearing of any proceeding has been commenced 
before the Tribunal constituted by 2 or more members and one or 
more of those members has ceased to be a member or has ceased to be 
available for the purposes of the proceeding, the remaining member or 
members may continue the hearing of the proceeding if the remaining 
member, or one of the remaining members, is the President or the 
Deputy President. 
President to arrange business of Tribunal 
147. The President may give directions as to the arrangement of 
the business of the Tribunal and, subject to subsection 146 (2) or (3), 
as to the constitution of the Tribunal for the purposes of particular 
proceedings. 
Division 3 -Inquiries by, and Applications and References to, the 
Tribunal 
Applications to Tribunal for determination of remuneration payable 
for making recording or film of a work 
149. (1) This section applies where an application is made to the 
Tribunal in pursuance of subsection 47 (3) or 70 (3) for the determina­
tion of an equitable remuneration to be paid to the owner of the 
copyright in a work for the making of a sound recording or cinemato­
graph film of the work or of an adaptation of the work. 136 
s. 149A Coo ynght Act 1968 IP/N/l/ ADS/lI Add.l 
Page 149 
(2) The parties [0 an appiication in relation to which this section 
applies are: 
(a) the owner of the copyright in the work~ and 
(b) the maker of the recording or film. 
(3) Where an appiication in relation to which this section applies 
is made to the TribunaL the Tribunal shall consider the application 
and, after giving to the parties to the application an opponunity of 
presenting their cases. shall make an order determining the amount 
that it considers to be equitable remuneration to the owner of the 
copyright for the making of the recording or film. 
Applications to Tribunal under section 47A 
149A.J (1) This section applies to any application made to the 
Tribunal under subsection 47 A (8) for the determining of an amount 
payable by a person or body by way of equitable remuneration to an 
owner of copyright. 
(2) The parties to an application to which this section applies are 
the person or body, and the owner of the copyright, referred to in 
subsection (1). 
(3) Where an application to which this section applies is made to 
the Tribunal~ the Tribunal shall consider the application and, after 
giving the parties to the application opportunities of presenting their 
cases-, shall make an order determining the amount that it considers to 
be payable by the person or body by way of equitable remuneration to 
the owner of the copyright for the making of the sound broadcast~ 
copy, handicapped reader's copy, or intellectually handicapped per­
son's copy, as the case requires. 
Applications to Tribunal for determination of remuneration payable to 
owner of copyright in recording for making of a copy of the sound 
recording 
150. (1) This section applies where an appiication is made to the 
Tribunal in pursuance of subsection 107 (3) for the determination of 
an equitable remuneration to be paid to the owner of the copyright in 
a sound recording for the making of a copy of the sound recording. 
(2) The parties to an application in relation to which this section 
applies are: 
(a) the' owner of the copyright in the sound recording; and 
(b) the maker of the copy of the sound recording. 
(3) Where an application in relation to which this section applies 
is made to the Tribunal, the Tribunal shall consider the application 
and, after giving to the parties to the application an opportunity of IP/N/l! AUS/l/ Add. 1 
Page 150 
Copynght Act 1968 137 
s. 151 
presenting their cases. shall make an order determInIng the amount 
that it considers to be equitable remuneration to the owner of the 
copyright for the making of the copy of the sound recording. 
Applications to Tribunal for determination of remuneration payable to 
owner of copyright in recording in respect of puhlic playing of the 
recording 
151. (1) This section appiies where an application is made to [he 
Tribunal in pursuance of subsection 108 (I) for the determination of 
an equitable remuneration to be paid to the owner of the copyright In 
a sound recording for the causing of the recording to be heard in 
public. 
(2) The parties to an application in relation to which this section 
applies are: 
(a) the owner of the copyright in the recording; and 
(b) the person who caused the recording to be heard in public. 
(3) Where an application in relation to which this section applies 
is made to the Tribunal, the Tribunal shall consider the application 
and. after giving (0 the parties to the application an opportunity of 
presenting their cases. shall make an order determining the amount 
that it considers to be equitable remuneration to the owner of the 
copyright for the causing of the recording to be heard in public. 
Applications to Tribunal for determination of amounts payable for 
broadcasting published sound recordings 
152. (1) In this section, unless the contrary intention appears: 
"Australia" does not include the external Territories; 
"broadcaster" means: 
(a) the Australian Broadcasting Corporation; 
(aa) the Special Broadcasting Service Corporation; 
(b) the holder of a licence or permit granted under the Broadcast­
ing Act 1942; or 
(d) a person prescribed for the purposes of subparagraph 91 (a) 
(iii) or 91 (c) (iii). 
(lA) For the purposes of the application of this section in relation 
to a period before the commencement of this subsection, this section 
has effect as if any act or thing done during that period by the 
Australian Broadcasting Commission had been done by the Australian 
Broadcasting Corporation and any earnings of the Australian Broad­
casting Commission during that period were earnings of the Australian 
Broadcasting Corporation. 138 
s.152 Copyright Act 1968 IP/N/l! AUS/l! Add. 1 
. Page 151 
(ID) In its application in relation to a period before the com­
mencement of this subsection, this section has effect as if any act or 
thing done during that period by the Special Broadcasting Service had 
been done by the Special Broadcasting Service Corporation and any 
earnings of the Speciai Broadcasting Service during that period were 
earnings of the Special Broadcasting Service Corporation. 
(2) Subject to this section. an application may be made to the 
Tribunal for an order determining, or making provision for determin­
ing, the amount payable by a broadcaster to the owners of copyrights 
in published sound recordings in respect of the broadcasting, during a 
period specified in the application, of those recordings by that broad­
caster. 
(3) An application under the last preceding subsection may be 
made by the broadcaster or by the owner of a copyright in a published 
sound recording. 
(4) The parties to an application under subsection (2) are: 
(a) the person making the application; and 
(b) such organizations or persons as apply to the Tribunal to be 
made parties to the application and. in accordance with the 
next succeeding subsection. are made parties to the applica­
tion. 
(5) Where an organization (whether claiming to be representative 
of broadcasters or of the owners of copyrights in published sound 
recordings or not) or a person (whether a broadcaster or the owner of 
a copyright in a published sound recording or not) applies to the 
Tribunal to be made a party to 'an application under this section, and 
the Tribunal is satisfied that the organization or person has a substan­
tial interest in the matter that is the subject of the application, the 
Tribunal may, if it thinks fit, make that organization or person a party 
to the application. 
(6) The Tribunal shall consider an application under subsection 
(2) and, after giving the parties to the application an opportunity of 
presenting their cases, shall make an order: 
(a) determining, or making provision for determining, the amount 
payable by the broadcaster to the owners of copyrights in 
published sound recordings in respect of the broadcasting, 
during the period to which the order applies, by the broad­
caster of those recordings; 
(b) specifying as the persons among' whom that amount is to be 
divided such of the persons who were, or were represented by, 
parties to the application as the Tribunal is satisfied are tbe 
owners of copyrights in published sound recordings; and IP/N/l! AUS/l! Add. 1 
Page 152 
CODyright Act 1968 139 
s. 152 
(c) specltymg as the respective shares in that amount of the 
persons among whom that amount is to be divided and as the 
times at which those shares are to be paid such shares and 
times as those persons agree or, in default of agreement. as the 
Tribunal thinks equitable. 
(7) In so mak ing an order in relation to a broadcaster. the 
Tribunal shall take into account all relevant matters, including the 
extent to which the broadcaster uses, for the purposes of broadcasting, 
records embodying sound recordings (other than recordings In relation 
to which section 105 appiies) in which copyrights subsist, being copy­
rights owned by persons who are, or are represented by, parties to the 
application. 
(8) The Tribunal shall not make an order that would require a 
broadcaster being the holder of a radio licence granted under the 
Broadcasting Act 1942 to pay, in respect of the broadcasting of pub­
lished sound recordings during the period in relation to which the 
order applies. an amount exceeding I % of the amount- determined by 
the Tribunal to be the gross earnings of the broadcaster during the 
period equal to the period in relation to which the order applies that 
ended on 30 June last preceding the date of commencement of the 
period in relation to which the order applies. 
(9) Where a broadcaster being the holder of a radio licence 
granted under the Broadcasting Act 1942 has, with the leave of the 
Australian Broadcasting Tribunal under section 123 of the that Act, 
adopted an accounting period ending on a day other than 30 June, the 
reference in subsection (8) of this section to 30 June shall, in relation 
to that broadcaster, be read as a reference to that other day. 
(10) Subsection (8) does not apply to an order in relatIon to a 
broadcaster unless: 
(a) the broadcaster establishes to the satisfaction of the Tribunal 
the amount of the gross earnings of the broadcaster during the 
period in respect of which those earnings are to be deter­
mined; and 
(b) the broadcaster carried on the transmission of programmes by 
way of slJund broadcasting throughout the whole of that per­
iod. 
(11) Where an application is made to the Tribunal under sub­
section (2) in relation to the Australian Broadcasting Corporation, the 
Tribunal: 
(a) shall make separate orders in respect of sound broadcasts by 
the Corporation of published sound recordings and in respect 
of television broadcasts by the Corporation of such recordings; 
and 240 
s. 152 Copynght Act 7968 LP/NIl! ADS/l! Add. 1 
Page 153 
(b) shall not make an order that wouid require the Corporation to 
pay, in respect of sound broadcasts of published sound record­
ings during the period in relation to which the order applies. 
an amount exceeding the sum of: 
(i) in respect of each complete year included in that 
period the amount ascertained by multIplying one­
half of One cent by the number equal to the number 
of persons comprised in the estimated population of 
Australia as last set out in statistics published by the 
Commonwealth Statistician before the making of the 
order~ and 
(ii) in respect of each part of a year included in that 
period- the amount that bears to the amount 
ascertained in accordance with the last preceding 
subparagraph in relation to a complete year the same 
proportion as that part of a year bears to a complete 
year. 
(12) A person who is not specified in an order in force under 
subsection (6) as one of the persons among whom the amount speci­
fied in, or determined in accordance with, the order is to be divided 
may. before the expiration of the period to which the order applies. 
apply to the Tribunal for an amendment of the order so as to specify 
him as one of those persons. . 
(13) The parties to an application under the last preceding sub-
section for an amendment of an order are: 
(a) the person making the application; 
(b) the broadcaster in relation to whom the order applies~ 
(c) the persons specified in the order as the persons among whom 
the amount specified in, or determined in accordance with, the 
order is to be divided: and 
(d) such organizations or persons as apply to the Tribunal to be 
made parties to the application and, in accordance with sub­
section (5), are made parties to the application. 
(14) The Tribunal shall consider an application under subsection 
(12) for an amendment of an order in force under subsection (6) (in 
this subsection referred to as "the principal order" ) and, after giving 
the parties to the application an opportunity of presenting their cases. 
shall. if it }s satisfied that the applicant is the owner of the copyright or 
copyrights in one or more published sound recordings, make an order 
amending the principal order so as to: 
(a) specify the applicant as one of the persons among whom the 
amount specified in, or determined in accordance with, the 
principal order is to be divided; and IP/N/l! AUS/l! Add. 1 
Page 154 
Copyngnt Act 7968 1 ... 1 
s. 152 
(b) specIr"\ as the share of the applicant In that amount and as the 
times at which that share IS to be paId such share and times as 
the applicant and the other persons among whom that amount 
is to De divided agree or. in default of agreement. as the 
Tribuna! thinks equitable and make any consequentiai alter­
ations in respect of the shares of those other persons. 
(15) An order of the Tribunal maJe under subsection (b) in 
relation to a broadcaster applies in relation to the period commenCIng 
on the date specified in the order and ending on 30 June next 
succeeding the date of making of the order. 
(16) The date that may be so specified in an order of the Tribunal 
made under subsection (6) in relation to a broadcaster may be a date 
before the date of making of the order or before the date of making of 
the application but shall not be a date before the date of expiration of 
the period in relation to which the last preceding order (if any) of the 
Tribunal made under that subsection in relation to that broadcaster 
applied or before the date of commencement of this A<;t. 
(17) An order of the Tribunal made under subsection (14) 
amending an order of the Tribunal made under subsection (6) applies 
in relation to the period commencing on the date of making of the 
amending order and ending on the date of expiration of the period in 
relation to which the order that is being amended applies. 
(18) Where an order of the Tribunal is in force under this section, 
the broadcaster in relation to whom the order applies is liable to pay 
to each of the persons specified in the order as the persons among 
whom the amount specified in, or determined in accordance with, the 
order is to be divided the share so specified in relation to that person 
and is so liable to pay that share at the times so specified and that 
person may recover any amount that is not paid in accordance with 
the order in a court of competent jurisdiction from the broadcaster as 
a debt due to the person. 
(19) For the purposes of this section, the gross earnings of a 
broadcaster in respect of a period are the gross earnings of the 
broadcaster during that period in respect of the broadcasting by him of 
advertisements or other matter, including the gross earnings of the 
broadcaster during that period in respect of the provision by him of, 
or otherwise in respect of, matter broadcast by him. 
(20) Where, in connexion with a transaction, any consideration is 
paid or given otherwise than in cash, the money value of that consider­
ation shall. for the purposes of the last preceding subsection, be 
deemed to have been paid or given. 142 
s. 152A COPYright Act 1968 IP/N/l! ADS/l! Add. 1 
Page 155 
(21) Where the Tribunai is of the opinion that: 
(a) an amount. or part of an amount. earned during any period by 
a person other than a broadcaster would, if the broadcaster 
and that person were the same person. form part of the gross 
earnings of the broadcaster in respect of that period for the 
pu rposes of th is section ~ and 
(b) a reiationship exists between the broadcaster and the other 
person l whether by reason of any shareholding or of any 
agreement or arrangement, or for any other reason) of such a 
kInd that the amo;nt or the part of the amount, as the case 
may be. should, for the purposes of this section, be treated as 
part or the gross earnings of the broadcaster in respect of that 
penoe: 
the Tribunal may so treat the amount or the part of the amount. as the 
case may be. 
Applications to Tribunal for determination of amount of royalty 
payable for recording musical works 
152A. (1) In this section: 
"manufacturer" has the same meaning as in section 55. 
(2) Subject to this section, an application may be made to the 
Tribunal for an order determining, or making provision for determin­
ing,_ the amount of royalty payable by the manufacturer of a record of 
a musical work to the owner of the copyright in the work during a 
period specified in the application. 
(3) An appiication may be made by the manufacturer or the owner 
of the copyright in the musical work recorded by the manufacturer. 
(4) The parties to an application are: 
(a) the manufacturer and the owner of the copyright in the musi­
cal work: and 
(b) any organisations or persons who are made parties to the 
application. 
(5) Where an application is made under subsection (2), the 
Tribunal shall consider the application and, after giving the parties an 
opportunity of presenting their cases, make an order determining, or 
making provision for determining, an equitable amount of royalty 
payable bY,the manufacturer of the record of the musical work to the 
owner of the copyright in the work during the period specified in the 
order. 
(6) Where an organisation (whether claiming to represent manu­
facturers or the owners of copyrights in musical works or not) or a 
person (whether a manufacturer or the owner of the copyright in a IPINIl! AUS/l! Add. 1 
Page 156 
Copyright Act 1968 143 
s. 1528 
musical work or not) applies to the Tribunai to be made a party to an 
application under this section, the Tribunal may, if it thinks fit, make 
that organisation or person a party to the application if the Tribunal is 
satisfied that the organisation or person has a substantial interest in the 
appiication. 
(7) The period that may be specified in an order under subsection 
(5) in relation to a manufacturer may be a period beginning before the 
date of making of the order or before the date of making of the 
application but-shall not be a period beginnIng before: 
(a) the end of the period specified in the last preceding order (if 
any) made under that subsection in relation to that manufac­
turer: or 
(b) the commencement of this section. 
(8) Where an order is in force under this section, the manufac­
turer in relation to whom the order applies is liable to pay to the 
person specified in the order the amount of royalty so specified at the 
times so specified and that person may recover the amount, if it is not 
paid in accordance with the order, in a court of competent jurisdiction 
from the manufacturer as a debt due to the person. 
Applications to Tribunal for determination of manner of paying royalty 
152B. (1) I n this section: 
"manufacturer" has the same meaning as in section 55. 
(2) An application may be made to the Tribunal for an order 
determining the manner in which amounts of royalty payable by the 
manufacturer of a record of a musical work to the owner of the 
copyright in the work are to be paid. 
(3) An application may be made by the manufacturer or the owner 
of the copyright in the musical work recorded by the manufacturer. 
(4) The parties to an application are: 
(a) the manufacturer and the owner of the copyright in the musi­
cal work; and 
(b) any organisations or persons who are made parties to the 
application. 
(5) Where an organisation (whether claiming to represent manu­
facturers or the owners of copyrights in musical works or not) or a 
person (whether a manufacturer or the owner of the copyright in a 
musical work or not) applies to the Tribunal to be made a party to an 
application under this section, the Tribunal may, if it thinks fit, make 
that organisation or person a party to the application if the Tribunal is 
satisfied that the organisation or person has a substantial interest in the 
application. 144 
s. 153 Copyright Act 7968 IP/N/l! ADS/l! Add. 1 
Page 157 
(6) Where an application is made under subsection (2), the 
Tribunal shall consider the application ana. after giving the parties an 
opportunity of presenting their cases. make an order determining the 
manner in which amounts of royalty payable by the manufacturer of 
the record of the m usical work to the owner of the copyright in the 
work are to be paid. 
Applications to Tribunal for apportionment of royalty in respect of a 
record 
153. (1) This section applies where an application is made to the 
Tribunal in pursuance of paragraph 59 (3) (b) for an apportionment of 
an amount payable in respect of a record between the owner of the 
copyright in a musical work and the owner of the copyright in a 
literary or dramatic work. 
(2) The parties to an application in relation to which this section 
applies are: 
(a) the owner of the copyright in the musical work; and 
(b) the owner of the copyright in the literary or dramatic work. 
(3) Where an application in relation to which this section applies 
is made to the Tribunal, the Tribunal shall consider the application 
and. after giving to the parties to the application an opportunity of 
presenting their cases, shall make an order apportioning the amount to 
which the application relates between the parties in such manner as it 
thinks equitable. 
Applications to Tribuna) under section 135H or subsection 135J (1) 
153A. (1) The parties to an application to the Tribunal under 
section 135H or subsection 135J (1) for the determination of the 
amount of equitable remuneration payable to the collecting society by 
an administering body for the making, by or on behalf of that body, of 
a copy of a television broadcast are the society and the body. 
(2) Where an application is made to the Tribunal under section 
135H or subsection 135J (1), the Tribunal shall consider the applica­
tion and, after giving the parties to the application the opportunity of 
presenting their cases. shall make an order determining the amount 
per copy or per student of the relevant institution, as the case may be, 
that it considers to be equitable remuneration for the making of copies 
of television broadcasts. IPINIl! AUS/l! Add. 1 
Page 158 
Copyngnt Act 7968 145 
s. 1538 
(3) In making an order. the Tribunal: 
(a) shall have regard to the extent to which copies of television 
broadcasts are made by. or on behaif of, the administering 
body solely for the purpose of enabling the material included 
in the broadcasts to be seen and heard. at times more conve­
nient than the times when the broadcasts were made: and 
(b) may have regard to such other matters (if any) as are pre­
scribed. 
(4) An order may be expressed to have effect in relation to copies 
of television broadcasts made in reliance on section 135E before (ne 
day on which the order is made. 
(5) In this section, "administering body" , "collecting society" , 
"institution" and "student" have the same meanings as in Part VA. 
Applications to Tribunal under subsection 135J (3) 
153B. (1) The parties to an application to the Tribunal under 
subsection 135J (3) for the determination of a sampling system are the 
collecting society and the administering body concerned. 
(2) Where an application is made to the Tribunal under subsection 
135J (3), the Tribunal shall consider the application and, after giving 
the parties to the application an opportunity of presenting their cases, 
shall make an order determining the sampling system. 
(3) In this section, "administering body" and "collecting society" 
have the same meanings as in Part V A. 
Applications to Tribunal under section 13SZV or subsection 13SZW (I) 
IS3C. (I) The parties to an application to the Tribunal under 
section 135ZV or subsection 135ZW (1) for the determination of the 
amount of equitable remuneration payable to a collecting society by an 
administering body for the making, by or on behalf of that body, of 
licensed copies are the society and the body. 
(2) Where an application is made to the Tribunal under section 
135ZV or subsection 135ZW (1), the Tribunal shall consider the 
application and, after giving the parties to the application the opportu­
nity of presenting their cases, shall make an order determining the 
amount per licensed copy, or per student of the relevant institution, as 
the case may be, that it considers to be eauitable remuneration for the 
making of a' licensed copy. . 
(3) In making an order, the Tribunal may have regard to such 
matters (if any) as are prescribed. 146 
s. lS3D Cooynght Act 1968 IP/N/l! AUS/V Add. 1 
Page 159 
(4) ,-\n order may be expressed to have effect in relation to 
licensed copies made before the day on which ,the order is made. 
(5) In this section, "administering body" , "collecting society" , 
"institution" , "licensed copy" and "student" have the same meanings 
as in Part \'8. 
Applications to Tribunal under subsection 135ZW (3) 
153D. (1) The parties to an application to the Tribunal under 
subsection 135ZW (3) for the determination of a sampling system to be 
used for the purpose of assessing the number of licensed copies made 
by, or on behalf of. an administering body, or any other relevant 
matters, are the relevant collecting society and the body. 
(2) Where an application is made to the Tribunal under subsection 
135ZW (3), the Tri bu nal shall consider the a pplication and, after 
, giving the parties to the application an opportunity of presenting their 
cases, shall make an order determining the sampling process. 
(3) In th is section, "administering body" , "collecting society" and 
"licensed copy" have the same meanings as in Part VB. 
Determination of amount of blank tape royalty by Tribunal 
153E. (1) Expressions used in this section that are also used in 
Part VC have the same meanings as they have in that Part. 
(2) An application may be made to the Tribunal for an order 
determining, or making provision for determining, the amount per 
minute of normal playing time of a blank tape that is payable under 
Part VC by way of royalty for the blank tape. 
(3) An application may be made by any person who has an 
interest in the matter that is the subject of the application, including 
the collecting society, a vendor or a relevant copyright owner. 
(4) The parties to an application are: 
(a) the applicant~ and 
(b) such persons or organisations as are made parties to the 
application under subsection (5). 
(5) Where a person or an organisation applies to the Tribunal to 
be made party to an application and the Tribunal is satisfied that the 
person or 'organisation has an interest in the matter that is the subject 
of the application, the Tribunal may, if it thinks fit, make that person 
or organisation a party to the application. 
(6) Subject to subsection (9), the Tribunal shall consider an 
application under subsection (2) and, after giving the parties to the 
appJication an opportunity of presenting their cases, shall make an IP/N/1/ AUS/1/ Add. 1 
Page 160 
Cop ynght Act 1968 147 
s. 154 
order determining, or making provIsion for determining, the amount 
per minute of normal playing time of a blank tape that is payable 
under Part VC by way of royalty for the blank tape. 
(7) In making an order. the Tribunal shall take into account all 
relevant matters including the extent to which blank tapes are used for 
the purposes of making copies of eligible sound recordings and eligible 
works for private and domestic use. 
(8) An order shall remain in force until: 
(a) it is revoked; or 
(b) where the order specifies a period during which it is to remain 
in force-the end of that period; 
whichever happens first. 
(9) The Tribunal may refuse to consider an application under 
subsection (1) made less than 2 years after the making of the last order 
under this section unless the Tribunal is satisfied that there has been a 
substantial change in any of the matters relevant to tne determination 
of the amount of the royalty. 
Reference of proposed licence schemes to Tribunal 
154. (1) Where a licensor proposes to bring a licence scheme into 
operation, he may refer the scheme to the Tribunal. 
(2) The parties to a reference under this section are: 
(a) the licensor referring the scheme; and 
(b) such organizations or persons (if any) as apply to the Tribunal 
to be made parties to the reference and, in accordance with 
the next succeeding subsection, are made parties to the refer­
ence. 
(3) Where an organization (whether clainling to be representative 
of persons requiring licences or not) or a person (whether requiring a 
licence or not) applies to the Tribunal to be made a party to a 
reference, and the Tribunal is satisfied that the organization or person 
has a substantial interest in the operation of the scheme to which the 
reference relates, the Tribunal may, if it thinks fit, make that organiza­
tion or person a party to the reference. 
(4) The Tribunal shall consider a scheme referred under this 
section and, after giving to the parties to the reference an opportunity 
of presenting their cases, shall make such order, either confirming or 
varying the scheme, as the Tribunal considers reasonable in the cir­
cumstances. 148 
i.ISS IP/N/l! ADS/l/ Add.l 
Page 161 
CooynghtAct 1968 
(5) An order (other than an interim order) of the Tribunal under 
this section may, notwithstanding anything contained in the licence 
scheme to which it relates. be made so as to be in force either 
indefinitely or for such period as the Tribunal thinks fit. 
(6) Where a licence scheme has been referred to the Tribunal 
under this section. the licensor may do either or both of the following 
things: 
(a) bring the scheme into operation before the Tribunal makes an 
order in pursuance of the reference~ 
(b) withdraw the reference at any time before the Tribunal makes 
an order in pursuance of the reference, whether the scheme 
has been brought into operation or not. 
(7) If the scheme is not brought into operation before an order is 
made in pursuance of the reference, the scheme as confirmed or 
varied by the order comes into operation. notwithstanding anything 
contained in the scheme. forthwith upon the making of the order. 
(X) After the making of an order in pursuance of the reference. 
the scheme as confirmed or varied by the order remains in operation. 
notwithstanding anything contained in the scheme, so long as the order 
remains in force. 
Reference of existing licence schemes to Tribunal 
IS5. (1) Where, at any time while a licence scheme is in 
operation, a dispute arises with respect to the terms of the scheme 
between the licensor operating the scheme and: 
(a) an organization claiming to be representative of persons re­
quiring licences in cases included in a class of cases to which 
the scheme applies; or 
(b) any person claiming that he requires a licence in a case 
included in a class of cases to which the scheme applies; 
the licensor, organization or person concerned may refer the scheme 
to the Tribunal in so far as the scheme relates to cases included in that 
class. 
(2) The parties to a reference under this section are: 
(a) the licensor, organization or person referring the scheme; 
(b) if the reference is not made by the licensor operating the 
scheme- that licensor; and 
(c) such other organizations or persons (if any) as apply to the 
Tribunal to be made parties to the reference and, in accor­
dance with the next succeeding subsection, are made panies to 
the reference. IP/N/1/AUS/1/Add.1 
Page 162 
CoOyrtgllC Act 1968 149 
s. 156 
(3) \;v/here an organ lZ3tion (whether claiming to be representative 
of persons requiring licences or not) or a person (whether requiring a 
licence or not) applies to the Tribunal to be made a party to a 
reference. and the Tribunal is satisfied that the organization or person 
has a substantial interest in the matter in Jispute. the Tribunal ma\'. If 
it thinks fit. make that organization or person a panv to the reference. 
(4) The Tribunal shail not begin to consider 3 reference under this 
section by an organizatIon unless the Tribunal is satisfied that the 
organization is re;sonabiy representative of the class of persons that it 
claims to represent. 
(5) Subject to the last preceding subsection, where a licence 
scheme is referred to the Tribunal under this section, the Tribunal 
shall consider the matter in dispute and, after giving to the parties to 
the reference an opportunity of presenting their cases, shall make such 
order, either confirming or varying the scheme. in so far as it relates to 
cases included in the class of cases to which the reference relates, as 
the Tribunal conSIders reasonable in the circumstances. 
(6) An order (other than an interim order) of the Tribunal under 
this section may, notwithstanding anything contained in the licence 
scheme to which it relates, be made so as to be in force either 
indefinitely or for such period as the Tribunal thinks fit. 
(7) A reference of a licence scheme to the Tribunal under this 
section may be withdrawn at any time before an order is made in 
pursuance of the reference. 
(8) Where a licence scheme has been referred to the Tribunal 
under this section, the scheme remains in operation, notwithstanding 
anything contained in the scheme, until the Tribunal makes an order 
in pursuance of the reference. 
(9) The last preceding subsection does not apply in relation to a 
reference with respect to any period after the reference has been 
withdrawn or after the Tribunal has refused to begin to consider the 
reference in pursuance of subsection (4). 
(10) After the making of an order in pursuance of the reference, 
the scheme as confirmed or varied by the order remains in operation, 
notwithstanding anything contained in the scheme, so long as the order 
remains in force. 
Further reference of licence schemes to Tribunal 
156. (1) Where the Tribunal has made an order (other than an 
interim order) under either of the last two preceding sections with 
respect to a licence scheme, then, subject to the next succeeding 
subsection, at any time while the order remains in force: 150 CopyngntAct 1968 
s.156 
(a) the licensor operating the scheme; lP/NIl! ADS/l! Add. 1 
Page 163 
(b) any organization claiming to be representative of persons re­
quiring licences in cases included in the class of cases to which 
the order appiies: or 
(c) any person claiming that he requires a licence in a case 
included in that class: 
may refer the scheme again to the Tribunal in so far as it relates to 
cases incl uded in that class. 
(2) A licence scheme shaH not, except with the leave of the 
Tribunal, be referred again to the Tribunal under the last preceding 
subsection at a time earlier than: 
(a) where the order concerned was made so as to be in force 
indefinitely or for a period exceeding 15 months- the expira­
tion of the period of 12 months commencing on the date on 
which the order was made: or 
(b) where the order concerned was made so as to be in force for a 
period not exceeding 15 months-the commencement of the 
period of 3 months ending on the date of expiration of the 
order. 
(3) The parties to a reference under this section are: 
(a) the licensor, organization or person referring the scheme; 
(b) if the reference is not made by the licensor operating the 
scheme- that licensor; and 
(c) such other organizations or persons (if any) as apply to the 
Tribunal to be made parties to the reference and, in accor­
dance with the provisions applicable in that behalf by virtue of 
subsection (5), are made parties to the reference. 
(4) Subject to the next succeeding subsection, where a licence 
scheme is referred to the Tribunal under this section, the Tribunal 
shall consider the matter in dispute and, after giving to the parties to 
the reference an. opportunity of presenting their cases. shall make such 
order in relation to the scheme as previously confirmed or varied, in 
so far as it relates to cases included in the class of cases to which the 
reference relates, whether by way of confirming, varying or further 
varying the scheme, as the Tribunal considers reasonable in the cir­
cumstances. 
(5) Subsections 155 (3), (4), and (6) to (10) inclusive apply for the 
purposes of this section. 
('l The preceding subsections of this section have effect in relation 
to orders made under this section in like manner as they have effect in 
relation to orders made under either of the last two preceding sections. lP/NIl! AUS/1/ Add. 1 
Page 164 
CopynghtAct 7968 151 
s. 157 
(7) Nothing in this section prevents a licence scheme in respect of 
which an order has been made under either of the last two preceding 
sections from being again referred to the Tribunal under that sectIon: 
(a) in so far as the scheme relates to cases included in a class of 
cases to which the order does not apply-at any time: and 
(b) in so far as the scheme relates to cases included in the class of 
cases to which the order applied while it was in force-after 
the expiration of the order. 
Application to Tribunal in relation to licences 
157. (1) A person who claims, in a case to which a licence scheme 
applies, that the licensor operating the scheme has refused or failed to 
grant him a licence in accordance with the scheme, or to procure the 
grant to him of such a licence. may apply to the Tribunal under this 
section. 
(2) A person who claims, in a case to which a licence scheme 
applies, that he requires a licence but that the grant of a licence in 
accordance with the scheme would, in that case, be subject to the 
payment of charges, or to conditions, that are not reasonable in the 
circumstances of the case may apply to the Tribunal under this section. 
(3) A person who claims that he requires a licence in a case to 
which a licence scheme does not apply (including a case where a 
licence scheme has not been formulated or is not in operation) and: 
(a) that a licensor has refused or failed to grant the licence, or to 
procure the grant of the licence, and that in the circumstances 
it is unreasonable that the licence should not be granted; or 
(b) that a licensor proposes that the licence should be granted 
subject to the payment of charges, or to conditions, that are 
unreasonable; 
may apply to the Tribunal under this section. 
(4) An organization that claims that it is representative of persons 
requiring licences in cases to which a licence scheme does not apply 
(including cases where a licence scheme has not been formulated or is 
not in operation) and: 
(a) that a licensor has refused or failed to grant the licences, or to 
procure the grant of the licences, and that in the circumstances 
it is unreasonable that the licences should not be granted; or 
(b) that a licensor proposes that the licences should be granted 
subject to the payment of charges, or to conditions, that are 
unreasonable; 
may apply to the Tribunal under this section. 152 
s. 158 Copyright Act 7968 lP/NIl! AUS/V Add. 1 
Page 165 
(5) Where an organization (whether ciaiming to be representative 
of persons requiring licences or not) or a person (whether requiring a 
licence or not) applies to the Tribuna! to be made a party to an 
appJication under any of the preceding subsections of this section, and 
the Tribunal is satisfied that the organization or person has a substan­
tial interest in the matter In dispute, the Tribunal may, if it thinks fit. 
make that organization or person a party [0 the appiication. 
(6) Where an application is made to the Tribunal under subsection 
(1), (2), (3) or (4)~ the Tribunal shall give to the applicant. to the 
licensor concerned and to every other party (if any) to the application 
an opportunity of presenting their cases and. if the Tribunal is satisfied 
that the claim of the appiicant is well-founded, the Tribunal shall 
make an order specifying, in respect of the matters specified in the 
order: 
(a) in the case of an application under subsection (1 )-the 
charges, if any, and the conditions, that the Tribunal considers 
to be applicable in accordance with the licence scheme in 
relation to the applicant; 
(b) in the case of an application under subsection (2) or sub­
section (3)-the charges, if any, and the conditions, that the 
Tribunal considers reasonable in the circumstances in relation 
to the applicant; or 
(c) in the case of an application under subsection (4)-the 
charges, if any, and the conditions, that the Tribunal considers 
reasonable in the circumstances in relation to persons, or to 
persons included in classes of persons, specified in the order, 
being persons who were represented by the applicant or were 
parties to the application. 
(7) A reference in this section to a failure to grant a licence, or to 
procure the grant of a licence, shall be read as a reference to a failure 
to grant the licence, or to procure the grant of the licence, as the case 
may be, within a reasonable time after a request to do so. 
Effect of licence scheme being continued in operation pending order of 
the Tribunal 
158. (1) Where a licence scheme is in operation by virtue of this 
Part pending the making of an order on a reference under this Part 
and a person, in a case to which the scheme applies, does anything 
that, apart from this subsection, would be an infringement of a copy· 
right but would not be such an infringement if he were the holder of a 
licence granted in accordance with the scheme in so far as the scheme 
relates to cases to which the reference relates, that person shall, if he IP/N/l! AUS/l! Add. 1 
Page 166 
Copyright Act 1968 :53 
s. 159 
has complied wltn me relevant requIrements. be in the like position. in 
any proceedings for Infringement of that copyright, as if he had at the 
material time been the hoider of such a licence. 
(2) For the purposes of the idst preceding subsection, the reie\ Jnt 
requirements are: 
(a) that. at all material limes. the person concerned has complIed 
with the conditions that. in accordance wIth the licence 
scheme. would be applicable to a licence in respect of the CJse 
concerned: and 
( b) where, 10 accordance with the scheme, any charges are pavable 
in respect of such a iicence- that, at the material time, he nad 
paid those charges to the licensor operating the scheme, or. if 
at that time the amount payable could not be ascertained. he 
had given an undertaking in writing to the licensor to pay the 
charges when ascertained. 
(3) A person who does anything in relation to which subsection (1) 
applies is liable to pay to the licensor operating the licence scheme 
concerned the amount of any charges that would be payable if he were 
the holder of a licence granted in accordance with the scheme in so far 
as the scheme relates to the doing of that thing and the licensor may 
recover that amount in a court of competent jurisdiction from the 
person as a debt due to the licensor. 
Effect of order of Tribunal in relation to licences 
159. (1) Where an order made on a reference under this Part with 
respect to a licence scheme is for the time being in force and a person, 
in a case to which the scheme as confirmed or varied by the order 
applies, does anything that, apart from this subsection, would be an 
infringement of copyright but would not be such an infringement if he 
were the holder of a licence granted in accordance with the scheme. as 
confirmed or varied by the order, in so far as the scheme relates to 
cases to which the order applies, that person shall, if he has complied 
with the relevant requirements, be in the like position, in any proceed­
ings for infringement of that copyright, as if he had at the material 
time been the holder of such a licence. 
(2) For the purposes of the last preceding subsection, the relevant 
requirements are: 
(a)' that, at all material times, the person concerned has compiied 
with the conditions that, in accordance with the licence 
scheme as confirmed or varied by the order, would be ap­
plicable to a licence in respect of the case concerned; and 
(b) where, in accordance with the scheme as so confirmed or 
varied, any charges are payable in respect of such a 
licence- that, at the material time, he had paid those charges 154 
s.159 Copyright Act 1968 IP/N/1/AUS/1/Add.1 
Page 167 
to the licensor operating the scheme. or, if at that time the 
amount payable could not be ascertaIned. he had given an 
undertaking in writing (0 the licensor to pay the charges when 
ascertained. 
(3) A person who does anything in relation to which subsection (I) 
applies is iiable to pay to the licensor operating the licence scheme 
concerned the amount of any charges that would be payable if he were 
the holder of a licence granted in accordance with the scheme, as 
confirmed or varied by the order, in so far as the scheme relates to the 
doing of that thing and the licensor may recover that amount in a 
court of competent jurisdiction from the person as a debt due [0 the 
licensor. 
(4) Where the Tribunal has made an order on an application 
under subsection 157 (1), (2) or (3) specifying charges, if any, and 
conditions. in relation to the applicant, in respect of the matters 
specified in che order, then if: 
(a) the applicant has complied with the conditions specified in the 
order; and 
(b) in a case where the order specifies any charges- he has paid 
those charges to the licensor or, if the amount payable could 
not be ascertained, has given to the licensor an undertaking in 
writing to pay the charges when ascertained; 
the applicant shall be in the like position, in any proceedings for 
infringement of copyright relating to any of those matters, as if he had 
at all material times been the holder of a licence granted by the owner 
of the copyright concerned on the conditions, and subject to payment 
of the charges (if any), specified in the order. 
(5) Where the Tribunal has made an order on an application 
under subsection 157 (4) specifying charges (if any) and conditions, in 
relation to the persons, or to persons included in the classes of 
persons, specified in the order, in respect of matters specified in the 
order, then, if: 
(a) any such person has complied with the conditions specified in 
the order; and 
(b) in the case where the order specifies any charges- the person 
has paid those charges to the licensor or, if the amount 
payable could not be ascertained, has given to the licensor an 
undertaking in writing to pay the charges when ascertained; 
that person shaJI be in the like position, in any proceedings for 
infringement of copyright relating to any of those matters, as if he had 
at all materia) times been the holder of a licence granted by the owner 
of the copyright concerned on the conditions, and subject to payment 
of the charges (if any), specified in the order. IP/N/l! AUS/l! Add. 1 
Page 168 
Copyright Act 1968 155 
s. 160 
to) Where a person in relation to whom an order referred to in 
subsection (4) or sUDsection (5) applies does. in relation to any of the 
matters specified in that order. anything that. apart from that sub­
section, would be an infringement of copyrtght but would not be such 
an infringement if he were the holder of a licence in respect of the 
doing of that thing granted by the owner of the copyright concerned 
on the conditions and subject to payment of the charges (if anv) 
specified in the order, that person IS liable to pax to the owner of the 
copyright the amount of any charges that would be payable if he were 
the holder of such a licence and the owner of the copyright ma\ 
recover that amount in a court of competent jurisdiction from the 
person as a debt due to the owner of the copyright. 
Interim orders 
160. \Vhere an application or reference is made to the Tribunal 
under this Act, the Tribunal may make an interim order having effect 
until the final decision of the Tribunal on the application or reference. 
Reference of questions of law to Federal Court of Australia 
1'1. (1) The Tribunal may, of its own motion or at the request of 
a party, refer a question of law arising in proceedings before it for 
determination by the Federal Court of Australia. 
(2) A question shall not be referred to the Federal Court of 
Australia by virtue of the last preceding subsection in pursuance of a 
request made after the date on which the Tribunal gave its decision in 
the proceedings unless the request is made before the expiration of 
such period as is prescribed. 
(3) If the Tribunal, after giving its decision in any proceedings, 
refuses a request to refer a question to the Federal Court of Australia. 
the party by whom the request was made may, within such period as is 
prescribed. apply to the Federal Court of Australia for an order 
directing the Tribunal to refer the question to the Federal Court of 
Australia. 
(4) \Vhere a reference is made to the Federal Court of Australia 
under this section with respect to any proceedings before the Tribunal. 
and where an application is made under the last preceding subsection 
with respect to any such proceedings, every party to the proceedings 
before the Tribunal is entitled to appear and to be heard. 
(5) 'Where, after the Tribunal has given its decision in any 
proceedings, the Tribunal refers to the Federal Court of Australia 
under this section a question of law that arose in the course of the 
proceedings, and the' Federal Court of Australia decides that the 
question was erroneously determined by the Tribunal: 156 Copyright Act 7968 IP/N/l! AUS/l/ Add. 1 
Page 169 
s. 162 
(a) the Tribunai :,hall reconsider the matter In dispute and. if it 
considers it necessary to do so for tne purpose of giving effect 
to the decIsion of the Federal Court of Australia. shall give to 
the parties to the proceedings a funher opportunity of present­
ing their C3ses: and 
(b) if it appears to the Tribunal to be appropriate. and in confor­
mitv wilh the decIsion of the Federal Coun of Australia. to do 
so. the Tribunal shall make such order revoking or modifying 
any order previously made by it in the proceedings, or. in the 
case of proceedings under section 157 where the Tribunal 
refused to make an order, shall make such order under that 
section. as the Tribunal considers to be appropriate. 
(6) A reference of a question by the Tribunal to the Federal Court 
of Australia under this section shall be by way of stating a case for the 
opinion of the Federal Court of Australia. 
(7) Jurisdiction is conferred on the Federal Court of Australia to 
hear and determine a question of law referred to it under this section. 
(8) For the purposes of this section. a question of law does not 
include a question whether there is sufficient evidence to justify a 
finding of fact by the Tribunal. 
(9) This section does not apply in relation to an inquiry by the 
Tribunal under section 148. 
Agreements or awards not affected 
162. Nothing in this Part affects the operation of any agreement or 
of any award made by an arbitrator, whether the agreement or award 
was made before, or is made after, the commencement of this Act. 
Division 4 -Procedure and Evidence 
Proceedings to be in public except in special circumstances 
163. (1) Subject to this section. the hearing of proceedings before 
the Tribunal shail be in public. 
(2) Where the Tribunal is satisfied that it is desirable to do so by 
reason of the confidential nature of any evidence or matter or for any 
other reason, the Tribunal may: 
(a) direct that a hearing or part of a hearing shall take place in 
priv~te and give directions as to the persons who may be 
present; or IP/NIl/ ADS/1/ Add.! 
Page 170 
Copyright Act 1968 157 
s. 163A 
(b) give directions prohibiting or restflcting the publication of 
evidence gIven before the Tribunai (whether in public or in 
private, or of matters contained in documents produced to the 
Tribunal. 
Application may be made to Tribunal by the agent of the copyright 
owner 
163A. (1) .-\n owner of copyright may make an application to the 
Tribunal under tnls Act by his agent. 
(2) Two or more owners of copyright may Jointly make a single 
application to the Tribunal by the same agent against the same person 
or body. 
Procedure 
164. In proceedings before the Tribunal: 
(a) the procedure of the Tribunal is. subject to this Act and the 
regulations. within the discretion of the Tribunal; 
(b) the Tribunal is not bound by the rules of evidence; and 
(c) the proceedings shall be cond ucted with as little formality, and 
with as much expedition. as the requirements of this Act and a 
proper consideration of the matters before the Tribunal per­
mit. 
Mistakes or errors in orders of the Tribunal 
165. The Tribunal may correct, in any order of the Tribunal, a 
clerIcal mistake or an error arising from an accidental slip or omission. 
Regulations as to procedure 
166. (1) The regulations may make provision for or in relation to 
the procedure in connexion with the mak.ing of references and applica­
tions to the Tribunal and the regulation of proceedings before the 
Tribunal and may prescribe the fees payable in respect of those 
references and applications and the fees and expenses of witnesses In 
those proceedings. 
(2) The regulations may include provision: 
(a) for requiring notice of an intended inquiry by the Tribunal 
under section 148 or an intended reference to the Tribunal 
ullder section 154, section 155 or section 156 to be advertised 
in accordance with the regulations; 158 
s. 167 CopyrtghtAct 1968 IP/N/1/AUS/1/Add.1 
Page 171 
(b) for reqUlrlng notice of an intended application to the Federal 
Court of Australia under subsection 161 (3) to be given to the 
Tribunal and to the other parties to the proceedings, and for 
limiting the time within which any such notice is to be given: 
(c) for suspending, or authorizing or requiring the Tribunal to 
suspend, the operation of orders of the Tribunal in cases 
where. after giving its decision. the Tribunal refers a question 
of law to the Federai Court of Australia; 
(d) for modifying, in relation to orders of the Tribunal the opera­
tion or which is suspended. the operation of any provisions of 
this Parr as to the effect of orders made under this Part; 
(e) for the publication of notices, or the doing of any other things. 
to ensure that persons affected by the suspension of an order 
of the Tribunal will be informed of its suspension; and 
(f) for regulating or prescribing any other maners incidental to or 
consequential upon any request, application, order or decision 
under section 161. 
Power to take evidence on oath 
167. (1) The Tribunal may take evidence on oath or affirmation, 
and for that purpose a member may administer an oath or affirmation. 
(2) A member may summon a person to appear before the 
Tribunal to give evidence and to produce such documents and articles 
(if any) as are referred to in the summons. 
Evidence in form of written statement 
168. The Tribunal may, if it thinks fit, permit a person appearin~ 
as a witness before the Tribunal to give evidence by tendering, aad 
verifying by oath or affirmation. a written statement, which shall be 
filed with the Secretary to the Tribunal. 
Representation 
169. In proceedings before the Tribunal: 
(a) a party other than a body corporate or an unincorporated 
body of persons mav appear in person or be represented by an 
employee of the party approved by the Tribunal; 
(b) a party being a body corporate may be represented by a 
director or other officer, or by an employee, of the party 
approved by the Tribunal; 
(c) a party being an unincorporated body of persons or a member 
of such a body may be represented by a member, or by an 
officer or employee. of the body approved by the Tribunal; 
and IP/N/l! ADS/l/ Add. 1 
Page 172 
(d) COPYright Act 1968 159 
s. 170 
anv partv may be represented by a barrister or solicitor of the 
High' Court or of the Supreme Coun of a State or of a 
Territory. 
Division 5-1Hisceilaneous 
Secretary and other staiT 
170. (1) There shall be a Secretary (0 the TribunaL who shall be 
appointed bv (he Attorney-General. 
(2) The Secretary, and any other staff necessary to assist the 
Tribunal, shall be persons employed under, or whose services are 
made available in accordance with arrangements made under. the 
Public Service Act 1922-1968. 
Protection of members, barristers and witnesses 
171. (1) A member has, in the performance of his duty as a 
member, the same protection and immunity as a Justice of the High 
Court. 
(2) A barrister, solicitor or other person appearing before the 
Tribunal on behalf of a party has the same protection and immunity as 
a barrister has in appearing for a party in proceedings in the High 
Court. 
(3) A person summoned to appear before the Tribunal as a 
witness has the same protection, and is, in addition [0 the penalties 
provided by this Act, subject to the same liabilities. in any civil or 
criminal proceedings as a witness in proceedings in the High Court. 
Disobedience to summons etc. 
172. (1) A person who has been summoned to appear as a witness 
before the Tribunal shall not, without lawful excuse, and after tender 
of reasonable expenses. fail to appear in obedience to the summons. 
(2) A person who has been summoned to produce a document or 
article to the Tribunal shall not, without lawful excuse, and after 
tender of reasonable expenses, fail to produce the document or article. 
(3) A person who appears before the Tribunal shall not, without 
lawful e,xcuse, refuse to be sworn or to make an affirmation, or to 
produce documents or articles, or to answer questions, that he is 
required by the Tribunal to produce or answer. 
Penalty: $1,000 or imprisonment for 3 months. 160 COPYright Act 1968 IP/NIlIAUS/l/Add.1 
Page 173 
s. 173 
Contempt of Tribunaj etc. 
173. A person shall not: 
(a) insult or disturb a member in the exerCIse of his powers or 
functions as a member~ 
(b) interrupt the proceedings of the Tribunal: 
(c) use insulting language towards a member; 
(d) create a disturbance or take part in creating or continuing a 
disturbance in or near a place where the Tribuna! is sitting; 
(e) contravene or fail to comply with a direction of the Tribunal 
given under paragraph 163 (2) (b); or 
(f) do any other act or thing that would, if the Tribunal were a 
court of record. constitute a contempt of that court. 
Penalty: S1.000 or imprisonment for 3 months. 
Costs of proceedings 
174. (1) The Tribunal may order that the costs of any proceedings 
before it incurred by any party, or a part of those costs. shall be paid 
by any other party and may tax or settle the amount of the costs to be 
so paid, or specify the manner in which they are to be taxed. 
(lA) I n taxing or settling under subsection (1) the amount of the 
costs, or of a part of the costs. of any proceedings before the Tribunal 
incurred by a party, the Tribunal or the person or persons taxing or 
settling those costs. as the case may be, shall allow so much oniy of the 
amount as in the opinion of the Tribunal or the person or persons. as 
the case may be. would be allowed if the proceedings were proceedings 
before the Federal Court of Australia and the costs were taxed under 
the Federal Court Rules. 
(2) Costs directed by the Tribunal to be paid to a party may be 
recovered by that party in any court of competent jurisdiction. 
(2A) In any proceedings before a court under subsection (2) for 
the recovery of costs directed by the Tribunal to be paid to a party, a 
certificate signed by the Secretary to the Tribunal that states that the 
costs have been taxed or the amount of the costs has been settled and 
sets out the amount of the costs as so taxed or settled is prima jacie 
evidence of the matters stated in the certificate. 
(3) This ,section does not apply in relation to an inquiry by the 
Tribuna) under section 148. IP/NIl/ ADS/1/ Add. 1 
Page 174 
CODvrlgntAct 7968 1 b 1 
s. 175 
Proof of orders of Tribunal 
175. \\' i t h 0 u t pr e J u J ice to any 0 the r met hod a \' a il a b I e b v I J ~ for 
the proof of orders of the Tribunal. a document purporting to be a 
copy of such an order. ana to be certified bv the Secretary to the 
Tribunal to be a true copv or the order. IS. in anv proceeding. evidence 
of the order. 
PART VII -THE CRO\VN 
Crown copyright in originaj works made under direction of Crown 
176. (1) Where. apart from this section, copyright would not 
subsist in an original literary, dramatic, musIcal or artistic work made 
by, or under the direction or control of, the Commonwealth or a State. 
copyright subsists in the work by virtue of this subsection. 
(2) The Commonwealth or a State is, subject to this Part and to 
Part X. the owner of the copyright in an original literary, dramatic, 
musical or artistic work made by, or under the direction or controi of. 
the Commonwealth or the State, as the case may be. 
Crown copyright in original works first published in Australia under 
direction of Crown 
177. Subject to this Part and to Part X, the Commonwealth or a 
State is the owner of the copyright in an original literary, dramatic. 
musicai or artistic work first published in Australia if first published 
by, or under the direction or control of, the Commonwealth or the 
State, as the case may be. 
Crown copyright in recordings and films made under direction of 
Crown 
178. (1) Where, apart from this section. copyright would not 
subsist in a sound recording or cinematograph film made by, or under 
the direction or control of, the Commonwealth or a State, copyright 
subsists in the recording or film by virtue of this subsection. 
(2) The Commonwealth or a State is, subject to this Part and to 
Part X. the owner of the copyright in a sound recording or cinemato­
graph film made by, or under the direction or control of, the Com­
monweaith or the State, as the case may be. 162 
s. 179 Cooyngnt Act 1968 IP/N/lI AUS/V Add. 1 
Page 175 
Provisions reiating to ownership of copyright may be modified by 
agreement 
179. The iast three preceding sections have effect subject to any 
agreement made by, or on behalf of, the Commonwealth or a State 
with the author of the work or with the maker of the sound recording 
or cinematograph film, as the case may be. by which it is agreed that 
the copyright in the work, recording or film is to vest in the author or 
maker, or in another person specified in the agreement. 
Duration of Crown copyright in original works 
180. (1) Copyright in a literary, dramatic or musical work of 
which the Commonwealth or a State is the owner, or would, but for an 
agreement to which the last preceding section applies, be the owner: 
(a) where the work is unpublished-continues to subsist so long as 
the work remains unpublished~ and 
(b) where the work is published -subsists, or, if copyright in the 
work subsisted immediately before its first publication, contin­
ues to subsist. until the expiration of 50 years after the expira­
tion of the calendar year in which the work was first 
published. 
(2) Subject to the next succeeding subsection, copyright in an 
artistic work of which the Commonwealth or a State is the owner, or 
would. but for an agreement to which the last preceding section 
applies. be the owner, continues to subsist until the expiration of 50 
years after the expiration of the calendar year in which the work was 
made. 
(3) Copyright in an engraving or photograph of which the Com­
monwealth or a State is the owner, or WOUld, but for an agreement to 
which the last preceding section applies, be the owner, continues to 
subsist until the expiration of 50 years after the expirat.ion of the 
calendar year in which the engraving or photograph is first published. 
Duration of Crown copyright in recordings and films 
181. Copyright in a sound recording or cinematograph film of 
which the Commonwealth or a State is the owner, or WOUld. but for 
the operation of an agreement to which section 179 applies, be the 
owner, subsists until the expiration of 50 years after the expiration of 
the calenda~ year in which the recording or fiim·is first published. lP/NIl! AUS/l! Add.1 
Page 176 
Coo¥ngnt Act 7968 163 
s. 182 
Appiicalion of Parts III and IV to copyright subsisting by virtue of this 
Part 
182. (1) Pan III (other than the provisions of that Part relating to 
the sUDsistence. duration or ownership of copyright) applies in relation 
to cOPYright subsisting bv virtue of this Part in a literary, dramatic. 
musicai or artistic work In like manner as it applies in relation to 
copynght subsisting in sucn a work by virtue of that Part. 
(2) Part I V (other than the provisions of that Part relating to the 
subsistence. duration or ownership of copyright) applies in relation to 
copyright subsisting by virtue of this Part in a sound recording or 
cinematograph film in like manner as it applies in relation to copyright 
subsisting in such a recording or film by virtue of that Part. 
Copyright in statutory instruments and judgments etc. 
182A. (1) The copyright. including any prerogative right or 
privilege of the Crown in the nature of copyright, in a prescribed work 
is not infringed by the making, by reprographic reproduction, of one 
copy of the whole or of a part of that work by or on behalf of a person 
and for a particular purpose. 
(2) Subsection (1) does not apply to the making, by reprographic 
reproduction, of a copy of the whole or a part of the work, where a 
charge is made for making and supplying that copy, unless the amount 
of the charge does not exceed the cost of making and supplying that 
copy. 
(3) In subsection (1), ha prescribed work" means: 
(a) an Act or State Act, an enactment of the legislature of a 
Territory or an instrument (including an Ordinance or a rule. 
regulation or by-law) made under an Act, a State Act or such 
an enactment; 
(b) a judgment, order or award of a Federal court or of a court of 
a State or Territory; 
(c) a judgment, order or award of a Tribunal (not being a court) 
established by or under an Act or other enactment of the 
Commonwealth, a State or a Territory; 
(d) reasons for a decision of a court referred to in paragraph (b), 
or of a Tribunal referred to in paragraph (c), given by the 
<;ourt or by the Tribunal: or 
(e) reasons given by a Justice, Judge or other member of a court 
referred to in paragraph (b), or of a member of a Tribunal 
referred to in paragraph (c), for a decision given by him either 
as the sole member, or as one of the members, of the court or 
Tribunal. 164 
s. 183 CooyrtghtAct 7968 lP/NIl! AUS/V Add. 1 
Page 177 
Use of copyright material for the services of the Crown 
183.2 (1) The copyright In a literary. dramatic. musicai or artistic 
work or a published edition of such a work, or in a sound recording, 
cinematograph film, television broadcast or sound broadcast, is not 
infringed by the Commonwealth or a State. or by a person authorized 
in WrttIng by the Commonwealth or a Scare. doing any acts comprisea 
in the copyright if the acts are done for the services of the Common­
weaith or State. 
(2) \Vhere the Government of the Commonwealth has made an 
agreement or arrangement with the Government of some other countrv 
for the supply to that countrv of goods required for the defence of that 
countrv: 
(a) the doing of any act in connexion with the supply of those 
goods in pursuance of the agreement or arrangement; and 
(b) the saje to any person of such of those goods as are not 
required for the purposes of the agreement or arrangement; 
shall, for the purposes of the last preceding subsection. be each 
deemed to be for the services of the Commonwealth. 
(3) Authority may be given under subsection (1) before or after 
the acts in respect of which the authority is given have been done. and 
may be given to a person notwithstanding that he has a licence granted 
by, or binding on, the owner of the copyright to do the acts. 
(4) Where an act compriseJ in a copyright has been done under 
subsection (1), the Commonwealth or State shall, as soon as possible, 
unless it appears to the Commonweajth or State that it would be 
contrary to the public interest to do so, inform the owner of the 
copyright, as prescribed, of the doing of the act and shall furnish him 
with such information as to the doing of the act as he from time to 
time reasonably requires. 
(5) Where an act comprised in a copyright has been done under 
subsection (1), the terms for the doing of the act are such terms as are. 
whether before or after the act is done, agreed between the Common· 
wealth or the State and the owner of the copyright or, in defauh of 
agreement, as are fixed by the Copyright Tribunal. 
(6) An agreement or licence (whether made or granted before or 
after the commencement of this Act) fixing the terms upon which a 
person other than the Commonwealth or a State may do acts corn· 
prised in a copyright is inoperative with respect to the doing of those 
acts. after the commencement of this Act, under subsection (1), unless 
the agreement or licence has been approved by the Attorney-Generai 
of the Commonwealth or the Attorney-General of the State. IP/N/l! AUS/V Add. 1 
Page 178 
CC:Jvrtgnt Ace J 968 :05 
s. lK4 
(7) \Vhere 3n article 1.) SOIJ Jnu we s3le is not. b\ \ Irtue or 
subsectIon (i), an infringement of a copyright, the purchaser of the 
artIcle. 3nd a person claimIng througn him. is entitled to deal ~ Ith the 
3rtlcie ;:is if the Commonwealth er State were the owner of that 
copyflgnr. 
(8) ,4.n act done unoer 5UDsection '1) does not constitute pubJICJ­
tion of J work or other sUDiect-maner and shall not be taken Into 
, 3ccOunt in the application or 3ny provIsion of this Act relating to the 
duration of any copyright. 
(9) Where an exclusi\e licence is in force in relation lO an\' 
copyright. the preceding subsections of this section have effect as jf an\ 
reference in those subsections to the owner of the copyright were a 
reference to the exclusive licensee. 
(11) The copying of the whole or a part of a work or other 
subject-matter for the educationai purposes of an educational institu­
tion of, or under the control of, the Commonwealth, a State or the 
~orthern Territory shail, for the purposes of this section. be deemed 
not to be an act done for the services of the Commonweaith, that State 
or the Northern Territory. 
PART VIII-EXTENSION OR RESTRICTION OF OPERATION OF 
ACT 
Application of Act to countries other than Australia 
184. (1) Subject to this section, the regulations may make 
provision applying any of the provisions of this Act (other than those 
of Part XIA) specified in the regulations, in relation to a country 
(other than Australia) so specified, in anyone or more of the following 
ways: 
(a) so that the provisions apply in relation to literary, dramatic. 
musical or artistic works or editions first published. or sound 
recordings or cinematograph films made or first published, in 
that country in like manner as those provisions apply in 
reJation to literary, dramatic, musical or artistic works or 
editions first published. or sound recordings or cinematograph 
films made or first published, in Australia; 
(b) so that the provisions apply in relation to artistic works that 
are buildings situated in that country or are attached to, or 
form part of, buildings situated in that country in like manner 
as those provisions apply in relation to artistic works that are 
buildings situated in Australia or are attached to, or form part 
of, buildings situated in Australia; 166 CODyngnt Act 1968 IP/N/lIAUS/lIAdd.1 
Page 179 
s. 184 
(c) so that the provIsIons apply In relation to persons who. at a 
material time, are citizens or nationals of that country in like 
manner as those provisions apply in reiation to persons who. 
at such a time, are Australian citizens: 
(J) ~U that the provisions apply in relation to persons who. at a 
material time, are resident in that country in like manner as 
those provisions appiy in relation to persons who, at such a 
time. are resident in Australia: 
(e) so that the provisions apply in relation to bodies incorporated 
under the law of that country in like manner as those provI­
sions apply in relation to bodies incorporated under a law of 
the Commonwealth or of a State; 
(f) so that the provisions apply in relation to television broadcasts 
and sound broadcasts made from places in that country· by 
persons entitled under the law of that country to make such 
broadcasts in like manner as those provisions apply in relation 
to television broadcasts and sound broadcasts made from 
places in Australia by the Australian Broadcasting Corpora­
tion, by the Special Broadcasting Service Corporation, by a 
holder of a licence or permit granted under the Broadcasting 
Act 1942 or by a person prescribed for the purposes of 
subparagraph 91 (a) (iii) or 91 (c) (iii). 
(2) Regulations applying a provision of this Act in relation to a 
country other than Australia in accordance with the last preceding 
subsection: 
(a) may apply the provision without exception or modification or 
subject to such exceptions or modifications as are specified in 
the regulations; and 
(b) may apply the provision either generally or in relation to such 
classes of works or other subject-matter, or other classes of 
cases, as are specified in the regulations. 
(3) Regulations applying any of the provisions of this Act in 
relation to a country, not being a cou ntry that is a party to a 
Convention relating to copyright to which Australia is also a party, 
shall not be made unless the Governor-General is satisfied that, in 
respect of the class of works or other subject-matter to which those 
provisions relate. provision has been or will be made under the law of 
that country by virtue of which adequate protection is or will be given 
to owners of copyright under this Act. IP/NIl/ AUS/1/ Add. 1 
Page 180 
CODyngnt Act 1968 167 
s. 185 
(4) Where: 
(a) the identity of the Jurhor of an unpublished work is unknown 
but there are reasonable grounds for believing that the author 
of the work was, Jt the time when. or for a substantial pan of 
the period during which. the work was made. J citizen or 
nationai of a countrv other than Australia; 
(b) under the i:Jw uf that country, d person is authorized to 
represent the autnor. or to protect dnd enforce the rights or 
the auehor, in reiJtJon to that work; JnJ 
le) provision is maLlt bv the regulations JPplying any of the 
provisions of this Act in relation to works made by citizens or 
nationals of that country: 
that person shall. for the purposes of those provisions as so applying, 
be treated as if he were the author of the work. 
Denial of copyright to citizens of countries not giving adequate 
protection to Australian works 
185. (1) If it appears to the Governor-General that the law of a 
country does not give adequate protection to Australian works, or does 
not give adequate protection in relation to a class or classes of such 
works (whether the lack of protection relates to the nature of the work 
or the nationality, citizenship or country of residence of its author. or 
all of those matters), the regulations may make provision in relation to 
that country in accordance with the next succeeding subsection. 
(2) Regulations made for the purposes of this section may provide, 
either generally or in such classes of cases as are specified in the 
regulations. that copyright under this Act does not subsist in works 
first published after a date specified in the regulations (which may be a 
date before the commencement of the regulations or before the com­
mencement of this Act) if. at the time of the first publication of those 
works. the authors of the works were or are: 
(a) citizens or nationals of a country specified in the regulations. 
not being at that time persons resident in Australia; or 
(b) in the case of works being sound recordings or cinematograph 
films-bodies incorporated under the law of a country speci­
fied in the regulations. 
(3) In, mak ing regu lations for the pu rposes of th is section. the 
Governor-General shall have regard to the nature and extent of the 
lack of protection for Australian works by reason of which the regula­
tions are made. 
(4) In this section: CopvrtgntAct 7968 
s. 186 IPINll! AUSIl/Add.l 
Page 181 
"Australian work" means 3 work. the JUlhor of ""hlch was, at the time 
\,l,.'hen the work \l,.3S mace, J qualified person for the purposc:s of the 
relevant provIsIOn of th IS Act: 
"author" , in relallon to J sounJ recording or d cinematograph fiim. 
means the maker or the recording or riim: 
·'the reie\'ant provision of this Act" means: 
(d) In reidtlOn to d iiterarv, Jramatlc. musical or artIstic 
work -;;ectlon .3:: and 
(b) in relalion to ;j :sound recording or a cinematograph film-Part 
I V: 
Hwork" means J lilerarv. dramatic. musical or artistic work. 3 sound 
recording or a cinematograph film. 
Appiication of Act to international organizations 
186. (1) \Vhere it appears to the Governor-General that it is 
desirable that this Act should apply in relation to an organization: 
(3) of which:: or more countries, or the Governments of :: or 
more countrtes, are members: or 
(0) that is constituted bv persons representing 2 or more countries. 
or representing the Governments of 2 or more countries: 
the regUlations may Jeciare that organization to be an international 
organization to which this Act appiies. 
(2) .-\n internationai organization to which this Act applies that 
otherwise Joes not have, or at some material time otherwise did n01 
have. the legal capacities of a body corporate has, and shaH be deemed 
dt a11 material times to have had. the legal capacities of a body 
corporate for the purpose of holding, dealing with and enforcing 
copyright and for the purposes of ail legal proceedings relating to 
copyright. 
Original works made or first published by international organizations 
187. (1) \Vhere an original literary, dramatic, musical or artistic 
work is maJe by, or under the direction or control of, an international 
organIzation to which this Act applies in such circumstances that 
copyright would not, apart from this subsection, subsist in the work: 
(a) copyright subsists in the work; 
(b) that copyright subSists so long as the work remains 
unpuhlished; and 
(c) the organization is, subject to Part X. the owner of that 
copyright. IP/N/I/ADS/I/ Add. 1 
Page 182 
COD'v'{lQ.'!! Act 7968 
~. 1815 
(2) \.\ here Jll orIglndl itterJr\. LlramJtlc. rnu~IGii Of drtlstic wor~ IS 
first ruoiisheJ Ov. ur unuer the Jlrectlon or control ~)f. an Internd­
t10nJi organlZJtlon to v..nlch this ,-\C[ applies In suCh CIrcumstances that 
copvrlght would not. JOJrt from thIS subsection. "ub~i:,t In the ~orK 
ImmcL11Jtelv after the first pubilc-llIon of the work.: 
tell CopVrlght ~UbSh~S in the ~~)j"k.. ~)l. If copvrlght ill lhe ~~>rk. 
subsisted ImmeL1Ielteiv lIl:!ore Its first publlc:!t1on. continue" [0 
subsist in the v..orK: 
t b) thJt copvflght ~UOSlS[S unui the eXpIratiOn or" 50 \eJr~ Jtter the 
expirJtIon er the cJienu.lr \eJr in WhIch the v..ork ~dS [Irst 
published: 3nJ 
le) (he organIzation is, suDJect to P"Ht X. the ov..'ner of that 
copyfIght. 
(3) Part Ill, other than the prOVisions of that P:1ft relaung to the 
SUDslstence, duration or ownerShip of copyright, applies in relation to 
cOfJYrIght subSisting by virtue of this section in like manner as It 
applies in relation to copyright subsisting by virtue of that Part. 
Subject-matter. other than original works. made or first published by 
international organizations 
188. (1) Where a sound recording or .3 cinem~llograph film is 
made hv, or under the directIon or control of, an international or­
ganization to which this Act applies in such circumstances that copy­
right would not. 3part from this subsection. subsist In the recording or 
film: 
(a) copyright subsists in the recording or film: 
(b) that copyright subsists so long as the recording or film remains 
unpublished: 3nd 
(c) the organization is, subject to Part X, the owner of that 
copyright. 
(2) Where a sound recording or a cinematograph film is first 
published by, or under the direction or control of. an international 
organization to which this Act applies in such circumstances that 
copynght would not. apart from this subsection, subsist in the record­
ing or film immediately after the first publication of the recording or 
film: 
(a) coryrigh l su bsists in the record i ng or film , or, if copyright in 
the' recording or film subsisted immediately before its first 
publication. continues to suhsist in the recording or film: 
(b) that copyright subsists until the expiration of 50 years after the 
expiration of the calendar vear in which the recording or film 
was first published; and 170 Co{)ynght Act 7968 lP/NIl! AUS/l/ Add.! 
Page 183 
s. 189 
(c) the organization is. subJect to Part X. the owner of that 
copyright. 
(3) Where an edition of J literary, dramatic, musical or artistic 
work or of 2 or more literarv, Jramatic, musical or artistic works. 
other than an edition that reproduces a prevIous edition of the same 
work or works. is published by, or under the direction or control of. 
an international organizJtion to which this Act applies in such cir­
cumstances that copyright would not, apart from this subsectlon, sub­
SiSt in the edition immediately after the first publication of the edition: 
(a) copyright subsists In the edition: 
(b) that copyri gh t su bsists un ti I the ex pi ration of 25 years after the 
expiration of the calendar year in which the edition was first 
published: and 
(c) the organization is, subject to Part X, the owner of that 
copyrighL 
(4) Part IV, other than the provisions of that Part relating to the 
subsistence, duration or ownership of copyright, applies in relation to 
copyright subsisting by virtue of this section in like manner as it 
applies in relation to coryright subsisting by virtue of that Part. 
PART IX-fALSE ATTRIBUTION OF AUTHORSHIP 
Interpretation 
189. In this Part, "name" inciudes initials or a monogram. 
Duty not to attribute falsely the authorship of a work 
190. (1) A person (in this subsection referred to as "the 
offender" ) is, by virtue of this section, under a duty to the author of a 
work not to: 
(a) insert or affix another person's name in or on the work, or in 
or on a reproduction of the work, in such a way as to imply 
that the other person is the a uthor of the work ~ 
(b) publish, sell or let for hire, by way of trade offer or expose for 
sale or hire, or by way of trade exhibit in public, the work with 
another person's name so inserted or affixed. jf the offender 
knows (hat the other person is not the author of the work; 
(c) do' any of the acts mentioned in the last preceding paragraph 
in relation to, or distribute, reproductions of the work, being 
reproductions in or on which another person's name has been 
so inserted or affixed. if the offender knows that the other 
person is not the author of the work: or IPfNfl/ AUSfl/ Add. 1 
Page 184 
CQoynghtAct 7968 I "7 1 
s. 191 
(d) perform In puoiic or broadcast the work as being a work of 
'Wnlch another person IS the author. :f the ofienller knows that 
the other person IS not the author of the 'Worl<... 
(2) The last preceding subsectIon applies where. contrarv lO the 
fact. a work IS representeLl JS being an aJarnatlon ~)f the wori<. of 
: .. lnother person In like manner as it applies wnere a worK IS repre­
sented as being the wori-.. ot another person. 
(3) .4.fter the deatn or the author of a work. a person is. by \Irlue 
of thiS section. under J Julv to the legal personai representative or the 
author not to do In relatiOn to. or to a reproduction OT. the work or an 
adaptation of the worK Jnv act that, but for the death of the author, 
the person would, bv reason of either of the last two preceding 
subsections. have been under a duty to the author not to Jo. 
(4) In this section. "work" means a work in which copyright 
subsists. 
Duty not to attribute falsely the authorship of altered work 
] 91. \\'here a work in which copyright subsists has been altered by 
a person other than the author of the work. a person is. hy virtue of 
th is section. under a duty to the author of the work not to: 
(a) publish, sell or let for hire, or by way of trade offer or expose 
for sale or hire. the work as so altered, as being the unaltered 
work of the author: or 
(b) publish, sell or let for hire. or by way of trade offer or expose 
for sale or hire. a reproduction of the work as so altered, as 
being a reproduction of the unaltered work of the author; 
if. to his knowledge, it is not the unaltered work or a reproduction of 
the unaltered work, as the case may be, of the author. 
Duty not to attribute falsely the authorship of reproduction of artistic 
work 
192. A person is, by virtue of this section, under a Juty to the 
author of an artistic work in which copyright subsists not to: 
(a) publish, sell or let for hire, by way of trade offer or expose for 
sale or hire. or by way of trade exhibit in public. a reproduc­
tion of the work. as being a reproduction made by the author 
of the work; or 
(b) distribute reproductions of the work as being reproductions 
made by the author of the work; 
where the reproduction was, or the reproductions were, to his knowl­
edge, not made by the author. 172 
s. 193 Coo 'y'rIgn t Act 1968 IP/N/l! ADS/l! Add. 1 
Page 185 
Breach of duty nOl committed if aCl done outside :\u~lraiia or done 
with permission 
1 93. The do i n g 0 f d n '-1 c t b v cl re r son I s no ( J t1 re J ch 0 r cl Jut \. 
owed by that person to dnotner rerson by \Irtue or thiS Part It the 3et 
was done outSide AUSlfJlia or W,b Jone wnh the permission. '.>.hether 
express or implied. of th.1t otner per~on. 
Action for breach of duty 
194. (1) ~'here 3 person commits a breach or a (Jut\. owed bv him 
to another person by virtue of this P;oHt. the breacn IS not an orience 
against this Part but the otner person may brtng an action in respect of 
the breach. 
(2) Subject to section 203. the relief that a court may grant in an 
action under the last preceding subsection inciudes an injunction 
(subject to such terms. if any, as the court thinks rOit) and damages. 
(3) Where, in respect of an act done in relation to, or to a 
reprod uction of, J work or an adaptation of a work after the death of 
the author of the work, damages are recovered under this section by 
the legal personal representative of the author. those damages devolve 
as if they formed part of the estate of the author anu JS If the rIght of 
action in respect of the dOIng of that act had Subslstell. and had been 
vested in the author. immedialeiy before hiS deatn. 
Saving of other rights and remedies 
195. (1) Subject to this section. this Pan does not affect any r,ight 
of action or other remedy, whether civil or criminal. in proceed:ings 
instituted otherwise than by virtue of this Part. 
(2) Any damages recovered in proceedings instituted by virtue of 
this Part shall be taken Into account in assessing damages in proceed­
ings instituted otherWIse than by virtue of this Part and arising out of 
the same operation or transaction. 
(3) Any damages recovered in proceedings Instituted otherwise 
than by virtue of this Part shall be taken Into account in assessing 
damages in proceedings instituted bv virtue of this Pan and ariSIng out 
of the same operation or transaction. 
Jurisdiction of Federaj Court of Australia 
195AA. Jurisdiction is conferred on the Federai Court of Austraiia 
with respect to actions under section 194. lP/NIl! AUS/1/ Add. 1 
Page 186 
Interpretation :;:;D~ngn[ Act 1968 
~. 195.-\ 
p.-\i{'[ \-\llSCELLA'..:E()LS 
195A. (1) in tnh Pi;""! (\JtnCf [:1:111 "Uh'lt:'ctIGI1 :U311 ! 51). ··ot1icer in 
char~e" means: 
id) In reLltl,:)n ["./ ,::'~:ll\c"-:!lL i1L'I·<..,,)11 hoIJln~. ,,;r !1e:turmlJ1g [ill' 
JUllt:'~ ()f. ~he.·,;·fice ',iI ;)O'lltiOIl In the .;;enlce ur the t)tlU\ 
aJmlnl~ter:n2 ::Je,trcr:l\c'i lhc JUl1es or ~hlch In\o!\e (n,ll 
person rl-..1\lng Llifcct re~!hilhll)lilt\ tor the m~t1ntend!1Ce l!1, :lllll 
the pro\ I~lon (i[ "en Ice:-, ill rel;JliOI1 to. the coilectlon compll:-!­
ing the JrCll\eS: 
(b) in reL.Hlon to J centr;.lj recorLis ;.luthorlty-the per::,on holJing. 
or perrormlng tne duties of. the office In the sen'ice of the 
bod\-administering the Juthorlty the duties of ~hlch invohe 
that person hJ\lng direct responsibility for the mJlntenance of. 
and the prO\'ISIOn of senlces In relation to. the records depos­
ited with the Juthori[\,: Jnd 
(c) in relation to J libran-the officer holding, or performing the 
duties of. the office or position in the service of the ood\ 
administering the lihLiry the duties of which involve thdt 
person na\lng direct responsihility for the maintenance of. dnd 
the rro\ ISlon of sen Ices In rel;.ltion to. the collection compris­
ing the lihrarv, 
(2) In this Part. 3 reference to the rrescribed retention period after 
the making of 3 copy of the ~hoie or a part of a work. an eligible Item 
or another subject-matter that was made in reliance on section 49. 50. 
51A. or 1108 shail be read as a reference to such period as is declared 
by the regulations to be the prescribed retention period for the 
purposes of this Part. 
(3) A reference In this Part to an educational institution, to an 
institution assisting handicapped readers or to an institution assisting 
intellectually handicapped persons includes a reference to an institu­
tion that has at any ume been an educational institution. an institution 
assisting handicapped readers or an institution assisting intellectually 
handicapped persons. as the case may be. 
(4) A reference in this Part to an institution includes a reference 
to a school of nursing, an undertaking withIn a ho~pltal, a teacher 
education centre and an undertaking within J body admInistering an 
ed ucational j nstltu lion. 
(5) In this Part: 
(a) a reference to an eligi ble i tern is a reference to: 
(i) a published literary, dramatic. musical or artistic 
work: 174 
s. 1958 CooynghtAct 7968 IP/N/l! AUS/l! Add.l 
Page 187 
(ii) J publIshed sound recording or cInematograph rilm: 
or 
(iii) J souna broadcast or tele\ iSlon hroaocasl: 
(b) a reference to a COPy of an eligible item helng (j literarv. 
dramatic or musical work is J reference to dnv ot the follo~,­
mg: 
(i) J reproducllon In a material form: 
(ii) an adC1ptatlon: 
(iii) a reproduction in a material form of an aJaptatloll. uf 
the work: 
(c) a reference to a copy of an eligible item heing an artistic work 
is a reference to J reproduction in a material form of the 
work; 
(d) a reference to a copy of an eligible item being a sound 
recording or a cinematograph film is a reference to a copy of 
the sound recording or cinematograph film: and 
(e) a reference to a copy of an eligible item being a television 
broadcast or a sound broadcast is a reference to a copy of a 
cinematograph film of the broadcast or to a record embodying 
a sound recording of the broadcast. 
Review of certain decisions 
1958. (1) For the purposes of this section, the following decisions 
are reviewable decisions: 
(a) a Jecision of the Attorney-General refusing to make a declara­
tion in respect of a body or institution under subsection lOA 
(1), 135P (1), 135ZZB (1) or 1-35ZZU (1), _''-~I'''~ll.d.) 
(b) a decision of the Attorney-General revoking a declaration 
made in respect of a body or institution under subsection lOA 
(1), 135P (1), 135ZZB (1) or 135ZZU (1), I_:'t..pe~lt.d ""\ 
(c) a decision of the Comptroller-General of Customs not to'grant 
permission under subsection 135 (6). 
(2) Where the Attorney-General makes a reviewable decision 
referred to in paragraph (I) (a) or (b), the Attorney-General shall 
cause to be sent to the body or institution concerned a written notice 
containing: 
(a) the terms of the decision; 
(b) a statement to the effect that. suoJect to the Administralive 
Appeals Tribunal Act 1975, application may be made to the 
Administrative Appeals Tribunal for review of the decision; 
and IP/NIl/ AUS/V Add. 1 
Page 188 
:'oDyngntAc( 7968 175 
~. 196 
(c) except where ~uoseCllon 28 (4) of that Act appiles-a state­
ment [0 the effect that the bod\' or Institution may request cl 
statement under section :28 of that Act. 
( 3) \V her e l h e ( ~ '.! rn rH r 0 Ill' r -(1 e n er d I 0 feu s [ 0 m s m J i-. e s ,I 
reviewahle deCISIon rere:;eJ to In ["lJrJgraph (I) (c), the Comptroiler­
General shall cause to ~e ~enl to the owner or Im~orter ~hose 
interests Jre affected b\ ti1e JeCISlon J notice contdrning: 
(d) the terms of the ucclsion; 
(b) Jstatement to t~e effect th;lt \\,here no 3rpe~tl under sub­
section 135 (0) hJ~ been made to the ,\-1inister for Industf\, 
Technology and Commerce against the decision. the owner or 
importer may, sub,lect to the Admlnislrali~}e Appeals TribunaL 
ACl 1975. appi~ to the AdmInistrative Appeais Tribunal for 
review of the decIsion: and 
(c) except where suo5,ection :28 (4) of that Act applies-a state­
ment to the effect that the owner or importer may request a 
statement under section 28 of that Act. 
(4) Failure to inclulie in a notice under subsection (2) or (3) a 
statement of the kind referred to In paragraph (2) (b) or (e) or (3) (b) 
or (c), as the case req UI res. J oes not affect the val id i ty of the decision 
to which the notice relates. 
(,5) Suhject to suhsection (b). appiication may be made to the 
AdministratIve Appeals Tribunal for review of a reviewable decision. 
(6) Application may not be made to the Administrative Appeals 
Tribunal for review of a reviewable decision referred to in paragraph 
(1) (c) if a person has appealed to the Minister for Industry, Technol­
ogy and Commerce against the decision under subsection 135 (6). 
(7) Where an application is made to the Administrative Appeals 
Tribunal for review of a reviewable decision referred to in paragraph 
(1) (c), a person is not entitled to appeal to the Minister for Industry. 
Technology and Commerce against that decision under subsection 135 
(6). 
(8) In th is section: 
"decision" has the same meanIng as in the Adminislrlllive AppeaLs 
TribunaL ACl 1975. 
Assignments and licences in respect of copyright 
196. (1) Copyright is personal property and, subject to this 
section. is transmissible by assignment, by will and by devolution by 
operation of law. i76 CODynght Act 7968 IP/NIlIAUSIlIAdd.1 
Page 189 
i. 197 
C!) An assignment of copYright mav be limited In any way, 
including anyone or more of the following ways: 
(a) so as to 3PP'Y la one or more of the classes of acts that, bv 
virtue of this Act. the owner of the copyright has the exciusive 
right to Jo l including a class of acts that is not separately 
specIfied In this Act as being compflseJ in the copyright but 
falls wilhin a class of acts that is so specified); 
(b) so as to appi\ to a place in or part of Australia; 
(c) so as to apph lO ran of the period for wnich the copYright IS 
to subsist. 
(3) An assignment of copyright (whether total or partial) does not 
have effect unless it is in writing signed by or on behalf of the assignor. 
(4) A licence granted in respect of a copyright by the owner of the 
copyright binds every successor in title to the interest in the copyright 
of the grantor of the licence to the same extent as the licence was 
binding on the grantor. 
Prospective ownership of copyright 
197. (1) Where, by an agreement made in relation la a future 
copyright and signed by or on behalf of the person who would, apart 
from this section, be the owner of the copyright on its coming into 
existence, that person purports to assign the future copyright (wholly 
or panially) to another person (in this subsection referred to as hthe 
assignee" ), then if. on the coming into existence of the copyright, the 
assignee or a person claiming under him WOUld, apart from this 
subsection, be entitled as against all other persons to have the copy­
right vested in him (wholly or" partially, as the case may be), the 
copyright, on its coming into existence, vests in the assignee or his 
successor in title by force of this subsection. 
(2) Where, at the time when a copyright comes into existence. the 
person who, if he were then living, would be entitled to the copyright 
is dead, the copyright devolves as if it had subsisted immediately 
before his death and he had then been the owner of the copyright. 
(3) A licence granted in respect of a future copyright by the 
prospective owner of the copyright binds every successor in title to the 
prospective interest in the copyright of the grantor of the licence to the 
same extent as the licence was binding on the grantor. 
Copyright to pass under will with unpublished work 
198. Where under a bequest. whether specific or general. a person 
is entitled. beneficially or otherwise. to the manuscript of a literary, 
dramatic or musical work, or to an artistic work. and the work was not 
published before the death of the testator, the bequest shall. unless a IP/N/l/ AUS/l/ Add. 1 
Page 190 
CO:J¥ngntAct 7968 , ...... 
I I I 
~. 199 
contrary Intention JPpears In the teSt3lor's .... lil. l)e re~IJ <.is including 
the copyright in the '.1.ork in so far as the tesUlCH v.J~ the owner of the 
copyright Immediatelv before his death. 
Reception of broadcasts 
199. (l) \\'here the Inclusion 111 J leie\ ISlon III Odd(~lst or sound 
broadcast ot" a reading or reCllatlon 01 JI1 extract rrUI11 ci puhllshed 
literarv or dramatic v.orK. or from an aJJptJt10n of SlH.:h ;1 work. doe.., 
not constitute an infringement of the copyright In the ~or". ,i per<';oll 
who. by the reception or the broddca . ..,t, CJuse~ the WUli-. 01 dJapl~lllOI1 
to be performed in public does not. by dOing SO. infrInge the copyright 
in the work. 
(2) A person who. by the reception of a televiSion broadcasl or 
sound broadcast. causes a sound recording to be heard in public does 
not. by doing so. infringe the copyright, if any. in that recording under 
Part IV. 
(3) A person who, by the reception of an authorized television 
broadcast. causes a cinematograph film to be seen or hearJ in puhlic 
shall be treated. in any proceedings for i nfri ngement of the copyrigh l, 
if any, in the film under Part IV. as if he had been the holder of d 
licence granted by the owner of that copyright to cause the film lO be 
seen or heard in public by the reception of the broadcast. 
(4) A person who. by the reception of an authorized television 
broadcast or sound broadcast, causes a literary. dramatic or musicaj 
work or an adaptation of such a work, an artistic work or a cinemato­
graph film to be transmitted to subscribers to a Jiffusion service shall 
be treated, in any proceedings for infringement of the copyright, if any, 
in the work or film, as if he had been the holder of a licence granted 
by the owner of that copyright to cause the work, adaptation or film to 
be transmitted by him to subscribers to that service by the reception of 
the broadcast. 
(5) If, in the circumstances mentioned in either of the last two 
preceding subsections, the person causing the cinematograph film to he 
seen or heard, or the work, adaptation or cinematograph film to he 
transmitted. as the case may be, infringed the copyright concerned hy 
reason that the broadcast was not an authorized broadcast, proceedings 
shaH not he brought against that person under this Act in respect of 
his infringement of that copyright but the infringement shall be taken 
into account in assessing damages in any proceedings against the 
maker of the broadcast in respect of that copyright, in so far as that 
copyright was infringed by the making of the broadcast. 178 CODvngnt Act 7968 IP/N/l! AUS/l! Add. 1 
Page 191 
s.200 
(6) ror the purl"')u~c~ or lhl!:' ~tC1101l. ~ broaJc.lst, III rdatlon to d 
work, an adaptation of a work or a cinematograph film. is an 3U­
thorized broat..icast 11. bUl ollh If. it is maJe by, or with the licence of, 
the owner of the cot1\rlght In thc ","ork or film. 
(7) A I derence III thl" "eClIon to a broadcast 5,h;1I1: 
(a) in the case of a tcIC\'I"ion hroadcast-be read dS J reference to 
such Cl hro,lLlclst m.tde hv the Austral ia n Broadcasting Cor­
poration. bv the Special Broadcasting Senice Corporation, by 
any person v.lth the u~e of L:icJiilies pro\Jded bv the Special 
Broadcastl ng Service (·orporatJon. by the holder of a lIcence 
or permit granted under the Broadcasling Act 1942 or oy a 
person rrescrlhed for the purposes of subparagraph 91 (a) 
(iii); and 
(b) in the case of a sou nd broaucast- be read as a reference to 
such a broJdcast made by the Australian Broadcasting Cor­
poration, hv the Srecial Broadcasting Service Corporation, by 
any person with the use of facilities provided by the Special 
Broadcasti ng Service Corporation. by the holder of a licence 
or permit gr:lnted under the Broadcasting Act 1942 or by a 
person rrcscflhed for the purposes of suhprlragraph 91 (c) (jii). 
Use of works and broadcasts for educational purposes 
200. (0 The copyright in a lilerary, dramatic. musical or artistic 
work is not infringed hy reason onlv that the work is reproduced or, in 
the case of a literarv, dram:Hic or musical work, an adaptation of the 
work is made or rerrod uced: 
(a) in the course of educational instruction, where the work is 
reproduced or the adaptation is made or reproduced by a 
teacher or student otherwise than by the use of an appliance 
adapted for the production of multiple copies or an appliance 
capable of prod uci ng a copy or copies by a process of 
reprographic reproduction~ or 
(b) as part of the questions to be answered in an examination, or 
in an answer to such a question. 
(2) The mak i ng of a record of a sound broaJcast, being a 
broadcast that was i mended to be used for cd ucational purposes, does 
not constitute an infringement of copyright in a work or sound 
recording included in the broadcast if: 
(a) the record is made by, or on behalf of, the person or authority 
in charge of a place of education that is not cond uCled for 
profit~ and 
(b) the record is not used except in the course of instruction at 
that place. IP/NIl/ AUS/V Add. 1 
Page 192 
CopynghtAcC 1968 
~. 200AA 
(2A) The ma"'lng 01 d record of d :,>ouno broaJcasl is not an 
infringement of cooYrlght In the broadcasl If the record is made by, Of 
on behalf of. the hou' administering an educational institution and IS 
not used except :'or the educatlonai purpo~es 01 that Instllutlon Of 
another ed UCdllOlldl InslllutlOn. 
(3) h,)f the purposes ot ~ectlons .)<'. ;mJ I tJ3, 111 deLcrmll1lng 
whether the maio..lng or an dftlCit constltult:lI <In lIlinngemenl of copy 
right, subsectlons I i). (2) and (2;\) .:ihall he JI"regdrJed. 
(4) For the purposes of ;IIH provhlon nf thIS Act rci:llIng to 
imported articies. In determining whelher the making of an aftlcle 
made outslI.ie Australia would. If the articie had heen made in Austra­
lia by the imponer of the article. have constituted an infringement of 
copyright, subsections (1), (2) and (2"\') shall he disregarded. 
Use of broadcasts by institutions assisting intellectually handicapped 
persons 
200AA. The making of a record of a sound broadcast is not an 
infringement of copynght In the broadcast if the record is made by, or 
on behalf oL the bodY (ldminislering an institution assisting intellectu­
ally handicapped persons dnd is used only for the purpose of lh~ 
provision of that aSSistance by that institution. 
Delivery of library material to the National Library 
201. (1) The publisher of any lihrary material that is puhlished In 
Australia and in which copynght suhsists under this Act shall, withIn 
one month after the publication, cause a copy of the material to be 
delivered at his own expense to the National Library. 
Penalty: SI 00. 
(2) The copy of any lihrary material delivered to the National 
Library in accordance with this section shall be a copy of the whole 
material (including any illustrations). be finished and coloured, and 
bound, sewed, stitched or otherwise fastened together. in the same 
manner as the best copies of that material are published and be on the 
best paper on which that material is printed. 
(3) When any library material is delivered to the National Library 
in accordance with this section, the National Librarian shall cause a 
written receipt for the material to be given to the puhlisher of the 
material. 
(4) This section is not intended to exclude or limit the operation 
of any law of a Slate or Territory (whether made before or after the 
commencement of this Act) that makes provision for or in relation to 180 
s. 202 CopynghtAct 1968 IP/N/1/AUSIlIAdd.l 
Page 193 
the delivery to (j specified public or o[ner IlhrJry In or of the State or 
Territory of copies of library material ruhlished in the State or 
Territory. 
(5) In th is section: 
Uillustrations" includes drawings, engravings and photographs: 
"library material" means J book. periodicaL newspaper, pamphlet. 
sheet of letter-press. sheet of music. map. pian, chart or table. being a 
literary, dramatic. musical or artistic work or an edition of such a 
work. but does not Include 3 second or later edition of any material 
unless that eoitJon contai ns additions or alterations in the letter-press 
or in the illustrations. 
Groundless threats of legal proceedings 
202. (1) \Vhere a person, by means of circulars, advertisements or 
otherwise, threatens a person with an action or proceeding in respect 
of an infringement of copyright, then. whether the person making the 
threats is or is not the owner of the copyright or an exclusive licensee. 
a person aggrieved may bring an action against the first-mentioned 
person and may ohtain a declaration to the effect that the threats are 
unjustifiable. and an injunction against the continuance of the threats. 
and may recover such damages (if any) as he has sustained, unless the 
first-mentioned person satisfies the court that the acts in respect of 
which the action or proceeding was threatened constituted. or, if done. 
would constitute, an infringement of copyright. 
(2) The mere notification of the existence of a copyright does not 
constitute a threat of an action or proceeding within the meaning of 
this section. 
(3) Nothing in this section renders a barrister or solicitor of the 
High Court, or of the Supreme Court of a State or Territory, liable to; 
an action under this section in respect of an act done by him in his 
professional capacity on behalf of a client. 
(4) The defendant in an action under this section may apply, by 
way of counterclaim, for relief to which he would be entitled in a. 
separate action in respect of an infringement by the plaintiff of the 
copyright to which the threats relate and, in any such case. the' 
provisions of this Act with respect to an action for infringement of a· 
copyright ~re, mUlalis mlllandis. applicable in relation to the action. 
(5) A reference in this section to an action in respect of an 
infringement of copyright shall be read as including a reference to an 
action in respect of the conversion or detention of an infringing copy 
or of a plate used or intended to be used for making infringing copies. IP/N/l! AUS/1/ Add. 1 
Page 194 
Copynght Act 7968 ibi 
s. lIB 
Limitation on power of courts 10 grant reiief in proceedings under this 
Act 
203. 'Jothlng In this Act authorIzes 3 StJte court or a court 01 J 
TerrItory to gr3nt reilef by WJ" of inJunction or account of profits !,f 
that court WOUIU not. Jpart from this ,-'\ct. have power to grant sucn 
relIef. 
Retention of declaralions in relation to copies made by libraries. 
archives or institutions 
203A. (1) \\ here, Jl Jny time before the expiration of the 
prescflbed retention period after the making of a copy of the whole or 
a pan of a work. or other subject-maner in reliance on section 49, SO. 
51A or 110B bv Cln authorized officer of a library or archives, a 
relevant declaratIon In relation to the making of the copy is not 
retained in the records of the library or archives: 
(a) the body Lil1mlnistering the library or archives concerned; and 
(b) the officer in charge of the library or archives concerned; 
are each guilty of dn offence punishable, upon conviction, by a fine 
not exceeding 5500. 
(4) A body or person is not liable to be convicted twice of an 
offence against subsection (I) with respect to the retention of the same 
declaration. 
(5) It is a defence to a prosecution of the body administering, or of 
the officer in charge of, a library or archives for an offence against 
subsection (I) in relation to the retention of a declaration if the 
body or person prosecuted (in this subsection referred to as the "defen­
dant" ) satisfies the court that: 
(a) in the case of a prosecution of the officer in charge of a library 
or archives- the declaration relates to the making of a copy of 
the whole or a part of a work. a sound recording or a 
cinematograph film before the day on which the defendant 
became the officer in charge of the library or archives and was 
not in the possession of the body administering the library or 
archives at that day~ or 
(b) in anv case-the defendant took all reasonable precautions, 
and exercised due diligence. to ensure the retention of the 
declaration in the records of the library or archives, as the 
case requires. 
Ar.rangement of declarations and records 
203D. (I) Where the declarations that relate to the making of 
copies of the whole or parts of works or other subject-matter by an 
authorized officer of a library or archives in reliance on any of the 182 
s.203E CopyngntAct 1968 IP/N/l! AUS/1/ Add. 1 
Page 195 
following sectIons, namely, sections -'Y, 50, 5l A and 110B, and that are 
retained in the records of the body administering the library or 
archives are not arranged in chronological order according to the dates 
on which the declarations were made: 
. (a) .the body administering the library or archives, as the case mav 
be: and 
(b) the officer in charge of the I ibrary or arch ives, as the case may 
be: 
are each guilty of an offence punishable, upon conviction, by a fine 
not exceeding S500. 
(5) It is a defence to a prosecution of a body or person for an 
offence against subsection (1) if tht! body or person satisfies the court 
that the body or person took all reasonable precautions, and exercised 
due diligence, to ensure that the declarations were arranged as men­
tioned in that subsection. 
Inspection of records and declarations retained by libraries, archives or 
institutions 
203E. (1) The owner of the copyright in a work, sound recording 
or cinematograph film, or the agent of such an owner: 
(a) may notify the officer in charge of a library or archives, in 
writing. that he wishes to inspect: 
(i) all the rejevant declarations retained in the records of 
the library or archives that relate to the making. in 
reliance on section 49, 50, 51 A or 1108, of copies of 
works or parts of works or of copies of other subject­
matter; or 
(ii) such of those declarations as relate to the making, in 
reliance on section 49, 50, 51A or 1108, of copies of 
works or parts of works or of copies of other subject­
matter and were made during a period specified in 
the notice; 
on a day specified in the notice, being an ordinary working 
day of the library, archives or institution not less than 7 days 
after the date of the giving of the notice; and 
(b) may, if the notice related to the making of copies of works or 
parts of works or of copies of other subject-matter in reliance 
on'section 51 A or 1108, state in the notice that he also wishes 
to inspect, on the day so specified, the collection of the library 
or archives. 
(4) Where a person gives notice, under subsection (1), to the 
officer in charge of a library or archives that he wishes to inspect 
certain declarations on a particular day, that person may, during the IP/NIlIAUS/l/Add.l 
Page 196 
Cooyrtght Act 1968 i83 
s. Z03E 
ordinary working hours of the library or afchives, on that day, but not 
earlier than 10 a.m. Of later than 3 r.m., Inspect the declarations lO 
which the notice reiates and, where the nOl1ce relates also to the 
inspection of the coilecllon of the iihrary or archIves, may also dUflng 
those hours on that day Inspect that collection. Jnd, for that purp()~e. 
may enter the premises of the !ihran or archives. 
(6) \Vhere a person \\ono ;Jltend~ ,It the premises of d librdl'. ,)1 
archives for the purpose of exerciSing the powers conferred on him h\ 
subsection (4) is not provided with dll reasonahle facilities and 3S~IS· 
tance for the effective exerCIse of those powers: 
(a) the body administeflng the library or archives. as the case mdY 
be: and 
(b) the officer in charge of the library or archives, as the case may 
be; 
are each guilty of an offence punishable, upon conviction, by a fine 
not exceeding $500. 
(8) The officer in charge of a library or archives shall not be 
convicted of an offence against subsection (6) if the officer adduces 
evidence that he or she believed, on reasonable grounds, that the 
person who attended the premises of the library or archives, as the 
case may be, as mentioned in that subsection, was provided with all 
reasonable facilities and assistance for the effective exercise of the 
powers conferred by subsection (4) and that evidence is not rebu ned 
. by the prosecution. 
(9) The body administering a library or archives shall not be 
convicted of an offence against subsection (6) if the body adduces 
evidence that it took all reasonable precautions, and exercised due 
diligence, to ensure that the person who attended the premises of the 
library or archives, as the case may be, as mentioned in that sub­
section, was provided with all reasonable facilities and assistance for 
the effective exercise of the powers conferred by subsection (4) and 
that evidence is not rebutted by the prosecution. 
(10) A person who, either directly or indirectly, except for the 
purpose of: 
(a) informing the owner of the copyright in a work or other 
supject-matter that a copy (including a microform copy) has 
been made of the work or other subject-matter~ 
(b) enforcing a right that a person has under this Act in connec­
tion with a work or other subject-matter in which copyright 
subsists; or 
(c) ensuring compliance with a provision of Division 5 of Pan I11 
or with a provision of this Part; 184 
s.203F Copyright Act 1968 IP/NIl/ ADS/I/ Add. 1 
Page 197 
makes a record oi, or divulges or communicates to a person, informa­
tion in relation to which subsection (11) applies in relation to the 
first-mentioned person is guilty of an offence punishable, upon convic­
tion, by a fine not exceeding 5500. 
(11) This subsection applies in relation to information in relation 
to a person if, and only if: 
(a) the information was acquired by the person in the course of an 
inspection conducted by the person under subsection (4); or 
(b) the information was divulged or communicated to the person 
by another person and this subsection applies In relation to the 
information in relation to the other person. 
Additional offences in relation to the making and retention of records 
and declarations 
203F. (1) A person shall not. under section 49, 50. 51A, or 1108 
make a declaration that the person knows, or ought reasonably to 
know, is false or misleading in a material particular. 
Penalty: 
(a) in a case where the person knows that the declaration is false 
or misleading in a material particular-$500; or 
(b) in any other case-$250. 
(2) A person shall not wilfully dispose of or destroy, or cause to be 
disposed of or destroyed, any relevant declaration in relation to the 
making of a copy of the whole or a part of a work or other subject­
matter in reliance on section 49, 50. 51 A or 1108, being a declaration 
in respect of which the prescribed retention period has not expired. if 
the person knows, or ought reasonably to know, that the prescribed 
retention period in respect of the deciaration has not expired. 
Penalty: 
(a) in a case where the person knows that the prescribed retention 
period in respect of the declaration has not expired-S500; or 
(b) in any other case-$250. 
Notation of certain copies etc. 
203H. (1) In proceedings against a person or body for infringe· 
ment of copyright in a work in connection with the making, by or on 
behalf of an institution, of a copy of the work, or of a part of the work, 
the person. or body is not entitled to rely on section 49, 50 or 51 A as 
justification for the making of the copy unless, at or about the time the 
copy was made, there was made on the copy a notation stating that the 
copy was made on behalf of that institution and specifying the date on 
which the copy was made. IP/N/l! ADS/V Add.l 
Page 198 
COPYright Act 1968 185 
s.203H 
(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 110B 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 copv a notation stating that the copy was made 
on behalf of that institution and specifying the date on which the copy 
was made. 
(4) .-\ person who: 
(a) makes a copy of a work, or of a part of a work, a notation of 
the kind referred to in subsection (1); or 
(aa) 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); 
being a notation that contains a statement that the person knows. or 
ought reasonably to know, is false or misleading in a material particu­
lar, is gUilty of an offence, punishable, upon conviction, by a fine not 
exceeding: 
(c) in a case where the person knows that the statement is false or 
misleading in a material particular- $500; or 
(d) in any other case-$250. 
(5) For the purposes of subsections (1) and (2): 
(a) where a copy of a work, a sound recording or a cinematograph 
film. or of a part of a work: 
(i) is made, or caused to be made, by an authorized 
officer'of a library; or 
(ii) 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, or of a pan of a work: 
(i) is made, or caused to be made, by an authorized 
officer of a library~ or 
(ii) 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: 
(iii) the copy shall be deemed to have been made on 
behajf of the person or body administering the 
library; and 186 Copyright Act 1968 IP/N/I/AUS/1/Add.l 
Page 199 
s.20JH 
(iv) 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, or of a part of a work: 
(i) is made, or caused to be made, by an authorized 
officer of archives; or 
(ii) is made by or on behalf of the officer in charge of 
archives; 
then: 
(iii) the copy shall be deemed to have been made on 
behalf of the person or body administering the ar­
chives; and 
(iv) 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 
work, 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 a 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; 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 or mark 
of the kind referred to in subsection (1), 135K (1), 135ZY (1), 135Z0 
( 4) or 135ZT (4) is prima facie evidence of the matters stated in the 
notation or mark. 
(7) For the purposes of subsection (6), where a copy of a work or 
a part of a work, bears a notation or mark of a kind referred to in 
subsection (1), 135K (1), 135ZX (I), 135Z0 (4) or 135ZT (4) the 
notation or mark shall, unless the contrary is proved, be deemed to 
have been made on the copy at or about the time the copy was made. 
(9A) The production, in any proceedings: 
(a) for infringement of copyright in a sound recording, a cine­
matograph film or an eligible item; or 
(c) for a contravention of this Act; IP/N/l/AUS/1/Add.l 
Page 200 
Copyright Act 1968 187 
s.204 
of a copy of a sound recording or a cinematograph film bearing, or to 
which there is attached. a notation or mark of the kind referred to in 
subsection (2), 135K (1), 135ZX (1), 135Z0 (4) or 135ZT (4), is prima 
facie evidence of the matters stated in the notation or mark. 
(9-8) For the purposes of subsection (9A), where a copy of a sound 
recording or a cinematograph film bears, or where there is attached to 
such a copy, a notation -or 'mark of the kind referred to in subsection 
(2), 135K (1), 135ZX (1), 135Z0 (4) or 135ZT (4), the notation or 
mark 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. 
(l0) 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. 
PART XI-TRANSITIONAL 
Division i-Preliminary 
Interpretation 
204. (1) In this Part. the expression "photograph" has, in lieu of 
the meaning given to that expression by section 10, the meaning given 
by the next succeeding subsection. 
(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 work" 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 incor­
porated; 
"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 produc­
tjon where the arrangement, the acting form or the combination of 
incidents represented gives the work an original character; . 
"lecture" includes an address7 speech and sermon; 
"literary work" includes a map, chart, plan, table and compilation; 188 
s.205 CODyright Act 1968 IP/N/l! AUS/l! Add. 1 
Page 201 
"perform" , in relation to a dramatlc work as defined by this section 
or a musical work. means make an acoustic representation of the. work 
or a visual representation of a dramatic action in the work. and 
includes make such a representation by means of a mechanical instru­
ment: 
"photograph" includes photo-lithograph and a work produced by a 
process similar to photography. 
References to making of works, recordings and films 
205. For the purposes of any reference in this Part to works, 
sound recordings or cinematograph films made before the commence­
ment of this Act, a work, sound recording or cinematograph film the 
making of which extended over a period shall be deemed not to have 
been made before the commencement of this Act unless the making of 
it was completed before the commencement of this Act. 
References in other laws or instruments to copyright 
206. (1) Without prejudice to the operation of the succeeding 
sections of this Part: 
(a) a reference in any other law of the Commonwealth or in any 
contract, agreement or other instrument to a provision of the 
Copyright Act, 1911 shall be read as a reference, or as includ­
ing a reference, to the corresponding provision of this Act; 
(b) a reference in any other law of the Commonwealth 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 Copy­
right 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 law of the Commonwealth 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 has effect unless the contrary intention appears in 
the other law of the Commonwealth or in the contract, agreement or 
other instrument, as the case may be. IPINIl! AUSI 11 Add.l 
Page 202 
C.::;ovngnt Act 1968 
(3) In this section, "!aw of the Commonwealth" means: 
(a) an Act~ 189 
s.207 
(b) an instrument (including reguiations or rules) having effect bv 
virtue of an Act: 
(c) an Ordinance of J TerrItorv dnd any other iaw in force In J 
Territory; 
(d) an instrument (including regulations or rules) havIng effect bv 
virtue of such an Ordinance or law: and 
(e) an instrument having effect by virtue of any such regulations 
or rules as are mentioned in paragraph (b) or paragraph (d). 
Application 
207. Except in so far as this Part otherwise expressly provides. this 
Act applies in relation to things existing at the commencement of this 
Act in like manner as it applies in relation to things coming into 
existence after the commencement of this Act. 
Authorship of photographs 
208. A reference in this Act to the author of a photograph shall. in 
relation to a photograph taken before the commencement of this Act. 
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. 
Publication 
209. (1) For the purposes of the application of subsection 29 (5) 
in determining whether a publication that took place before the 
commencement of this Act was the first publication, the reference in 
tbat subsection to a period of not more than 30 days shall be read as a 
reference to a period of not more than 14 days. 
(2) For the purposes of the application of subsection 29 (7) in 
relation to an act done before the commencement of this Act: 
(a) a reference in that subsection to copyright includes a reference 
to copyright under the Copyright Act 1905 and to copyright 
under the Copyright Act, 1911; and 
(b) a reference in that subsection to the licence of the owner of 
copyright shall: 
(i) in relation to copyright under the Copyright Act 
1905 -be read as a reference to the privity of the 
owner; and 
(ii) in relation to copyright under the Copyright Act, 
1911-be read as a reference to the consent or ac­
quiescence of the owner. 190 
s.210 COPYright Act 1968 lP/NIl! ADS/l! Add. 1 
Page 203 
Division 2 -Original Works 
Expired copyright not to revive 
210. (1) Notwithstanding anything in Part Ill. copyright does nor 
subsist by virtue of that Part in a work first published before the 
commencement of this Act unless copyright subsisted in the work 
under the Copyright Act. 1911 immediately before the commencement 
of this Act. 
(2) The last preceding subsection does not apply in relation to a 
work to which Division 5 applies. 
Original works in which copyright subsists 
211. (1) Subsection 32 (1) applies to works made before the 
commencement of this Act as if each reference in that subsection to a 
qualified person included a reference to a British subject and to a 
person domiciled in any part of the Queen's dominions to which the 
Copyright Act, 1911 extended. 
(2) Subsection 32 (2) applies to works first published before the 
commencement of this Act as if paragraphs (d) and (e) of that 
subsection were omitted. 
(3) Subsection 32 (2) applies to works that are first published after 
the commencement of this Act and the author of which died before 
the commencement of the Nationality and Citizenship Act 1948 as if 
the reference in paragraph 32 (2) (e) to a qualified person included a 
reference to a person who would have been an Australian citizen if 
that Act had been in force immediately before his death. 
(4) Subsection 32 (3) does not apply to or in relation to a building 
that was constructed before the commencement of this Act. 
(5) This section has effect subject to the last preceding section. 
Duration of copyright in photographs 
212. Subsection 33 (6) does not apply in relation to a photograph 
taken before the commencement of this Act but, subject to subsection 
32 (2) as affected by the last preceding section, copyright subsisting in 
such a photograph by virtue of Part III continues to subsist until the 
expiration of 50 years after the expiration of the calendar year in 
which the photograph was taken. lP/NIl! ADS/V Add. 1 
Page 204 
COPYright Act 1968 191 
s.213 
Ownership of copyright 
213. (1) Subsections 35 (4) and (6) do not apply in relation to 
works made before the commencement of this Act. 
(2) Subsection 35 (5) does not apply in relation to a work that was 
or is made in pursuance of an agreement made before the commence­
ment of this Act. 
(3) Where a work is excJuded from the application of subsection 
35 (4), (5) or (6) by reason of either of the last two preceding 
subsections. subsection 35 (2) has effect in relation to the work subject 
to the succeeding subsections of this section. 
(4) The operation· of any of the next three succeeding subsections 
in relation to a particular work may be excluded or modified by 
agreement. 
(5) Where, in the case of a work being a photograph, portrait or 
engraving: 
(a) a person made, for valuable consideration. art agreement with 
another person for the taking of the photograph, the painting 
or drawing of the portrait or the making of the engraving by 
the other person: and 
(b) the work was made in pursuance of the agreement; 
the first-mentioned person is the owner of any copyright subsisting in 
the work by virtue of Part Ill. 
(6) Where the work was made by the author in pursuance of the 
terms of his employment by another person under a contract of service 
or apprenticeship, that other person is the owner of any copyright 
subsisting in the work by virtue of Part Ill. 
(7) Where the work is a literary, dramatic or artistic work that was 
made by the author in pursuance of the terms of his employment by 
the proprietor of a newspaper, magazine or similar periodical under a 
contract of service or apprenticeship and was so made for the purpose 
of publication in a newspaper, magazine or similar periodical, the 
author is entitled to restrain the publication of the work otherwise 
than in a newspaper, magazine or similar periodical. 
(8) 1n the last three preceding subsections, expressions that are 
defined by section 204 have the meanings respectively given to those 
expressions by that section and do not have the meanings, if any, 
respectively given to those expressions by Part If. 192 
s . .214 COPYright Act 1968 IP/N/I/AUS/I/Add.l 
Page 205 
Infringement by importation. sale and other dealings 
214. For the purposes of sections 37 and 38, the fact that, to the 
knowledge of a person, the making of an article constituted, or, in the 
case of an imported article. would, if the article had been made in 
Australia by the importer of the article, have constituted. an infringe­
ment of copyright under the Copyright Act. 1911 has the like effect as 
if, to the knowledge of that person, the making of the article had 
constituted, or would. if the article had been made in Australia by the 
importer, have' constituted. as the case may be, an infringement of 
copyright under this Act. 
Recording of musical works 
215. (1) Where a record of a work has, before the commencement 
of this Act. been made by, or with the consent or acquiescence of. the 
owner of the copyright in the work under the Copyright Act, 1911, 
Division 6 of Part III has the like effect as if the record had been made 
in Australia for the purpose of retail sale and had been so made by, or 
with the licence of, the person who is entitled, by virtue of this Act, to 
authorize the making in Australia of records of the work. 
(2) Notwithstanding subsection 5 (1) of this Act, subsections 19 (2) 
to (7), inclusive, of the Copyright Act, 1911 as in force immediately 
before the commencement of this Act continue to apply in relation to 
records made before the commencement of this Act and, subject to 
those subsections, any regulations made for the purposes of those 
subsections and in force immediately before the commencement of this 
Act continue to apply in relation to those records. 
Publication of artistic works 
216. Section 68 does not apply in relation to a painting, drawing, 
engraving, photograph or Cinematograph film made before the date of 
commencement of this Act, but the copyright in an artistic work is not 
infringed by the publication of a painting, drawing, engraving, photo­
graph or cinematograph film made before that date if, by virtue of 
section 65 or section 66, the making of the painting, drawing, engrav­
ing, photograph or film would not have constituted an infringement of 
the copyright under this Act if this Act had been in operation at the 
time when it was made. IPINll! AUSI 11 Add. 1 
Page 206 
CopyngntAct 1968 193 
s.217 
Reconstruction of buildings 
217. The reference in subsection 73 (2) to construction of a 
building by, or with the licence of. the owner of the copyright in 
architectural drawings or plans shall be read as including a reference 
to construction by, or with the licence of. the person who, at the time 
of the construction. was the owner of the copyright in the drawings or 
plans under the law relating to copyright that was in force at that time 
in the State or Territory in which the building was constructed. 
Industrial designs 
218. (1) Division 8 of Part II I does not apply to artistic works 
made before the commencement of this Act. 
(2) Copyright does not subsist by virtue of this Act in an artistic 
work made before the commencement of this Act which, at the time 
when the work was made, constituted a design capable of being 
registered under the Designs Act 1906. or under that Act as amended 
and in force at that time, and was used, or intended to be used, as a 
model or pattern to be multiplied by an industrial process. 
Reproduction of work upon payment of royalties 
219. (1) The copyright in a literary, dramatic, musical or artistic 
work that has been published before the commencement of this Act is 
not infringed by the reproduction of the work for sale if: 
(a) the reproduction takes place at a time after the expiration of 
twenty-five years, or, in the case of a work in which copyright 
subsisted at the commencement of the Copyright Act, 19] 1, 
after the expiration of thirty years, after the date of the death 
of the author; and 
(b) the person reproducing the work establishes: 
(i) that, before the commencement of this Act, he gave 
the notice in writing of his intention to reproduce the 
work that was prescribed for the purposes of the 
proviso to section 3 of the Copyright Act, 1911; and 
(ii) that he has paid, in the manner that was prescribed 
for the purposes of that proviso~ or is prescribed for 
the purposes of this section, as the case may be, to, or 
for the benefit of, the owner of the copyright royalties 
in respect of all copies of the work sold by him 
calculated at the rate of ten per centum of the price 
at which he published the reproduction. 194 
s.219 Copyright Act 1968 IP/N/l! ADS/1/ Add.l 
Page 207 
(2) The regulations may make provIsion for or in relation to the 
manner in which, and the times at which, payment of royalties is to be 
made for the purposes of subparagraph (ii) of paragraph (b) of the last 
preceding subsection and may include provision requiring payment in 
advance, or otherwise securing the payment of the royalties. 
(3) Regulations 38 to 42, inclusive, of the Copyright Regulations as 
in force under the Copyright Act 1912-/966 immediately before the 
commencement of this Act continue in force for the purposes of this 
section as if they had been made under this Act, but may be amended 
or repealed by regulations made under this Act. 
(4) A reference in paragraph (I) (a) to a time after the expiration 
of a specified number of years from the date of the death of the author 
of a work shall. in the case of a work of joint authorship, be read as a 
reference to a time after: 
(a) the expiration of the same number of years from the date of 
the death of the author who died first; or 
(b) the date of the death of the author who died last; 
whichever is the later. 
(5) Where a literary, dramatic or musical work, or an engraving, in 
which copyright subsisted at the date of the death of the author or, in 
the case of a work of joint authorship, at or immediately before the 
date of the death of the author who died last: 
(a) had not been published; 
(b) in the case of a dramatic or musical work-had not been 
performed in public; and 
(c) in the case of a lecture-had not been delivered in public; 
before that date, subsection (1) applies as if the author had died on the 
date on which: 
(d) in the case of a literary work (other than a lecture) or an 
engraving-the work was first published; 
(e) in the case of a dramatic or musical work-the work was first 
published or first performed in public, whichever first hap­
pened; or 
(f) in the case of a lecture-the lecture was first published or first 
delivered in public, whichever first happened. 
(6) In this section, expressions that are defined by section 204 have 
the meanings respectively given to those expressions by that section 
and do not have the meanings, if any, respectively given to those 
expressions by Part 11. IPINIl! AUS/1/ Add.l 
Page 208 
Copyright Act 1968 195 
s.2211 
Division 3-SubjecI-Malter other than Works 
Sound recordings 
220. (1) Subsection 89 (1) applies in relation to sound recordings 
made before the commencement of this Act as if the reference in that 
subsection to a qualified person included a reference to a British 
subject and to a person domiciled in any part of the Queen's 
dominions to which the Copyright Act, 1911 extended. 
(2) Subsection 89 (2) does not apply in relation to a sound 
recording made before the commencement of this Act. 
(3) Section 93 does not apply in relation to a sound recording 
made before the commencement of this Act but copyright subsisting in 
such a recording by virtue of subsection (1) or subsection (3) of 
section 89 continues to subsist until the expiration of 50 years after the 
expiration of the calendar year in which the recording was made. 
Cinematograph films 
221. Copyright does not subsist by virtue of section 90 In a 
cinematograph film made before the commencement of this Act. 
Application of Act to dramatic works and photographs comprised in 
cinematograph films 
222. (1) Where a cinematograph film made before the commence­
ment of this Act was an original dramatic work as defined by section 
204, this Act (other than this subsection) has effect in relation to the 
film as if the film had been an original dramatic work as defined by 
section 10 and the person who was the author of the work for the 
purposes of the Copyright Act, 1911 shall be deemed to be the author 
of the work for the purposes of this Act as having effect by virtue of 
this subsection. 
(2) This Act has effect in relation to photographs forming part of a 
cinematograph film made before the commencement of this Act in like 
manner as it has effect in relation to photographs not forming part of a 
cinematograph film. 
Television broadcasts and sound broadcasts 
223. Copyright does not subsist by virtue of section 91 in: 
(a) a television broadcast or a sound broadcast made before the 
commencement of this Act; or 
, 196 
s.224 CopyrtghtAct 1968 IPINIl! AUSIl! Add.! 
Page 209 
(b) a television broadcast or a sound broadcast made after the 
commencement of this Act that is a repetition of a television 
broadcast or a sound broadcast made before the commence­
ment of this Act. 
Published editions of works 
224. Copyright does not subsist by virtue of section 92 in a 
published edition of a work or works where the first publication of the 
edition took place before the commencement of this Act. 
Infringement by importation, sale and other dealings 
225. For the purposes of sections 102 and 103. the fact that. to the 
knowledge of a person, the making of an article constituted, or, in the 
case of an imported article, would, if the article had been made in 
Australia by the importer of the article, have constituted, an infringe­
ment of copyright under the Copyright Act, 1911 has the like effect as 
if, to the knowledge of that person, the making of the article had 
constituted, or would, if the article had been made in Austraiia by the 
importer, have constituted, as the case may be, an infringemen't of 
copyright under this Act. 
Division 4 -Miscellaneous 
Actions for infringement 
226. Section 115 does not apply to an infringement of copyright 
under the Copyright Act, 1911 and does not affect any proceedings 
under that Act, whether instituted before or after the commencement 
of this Act. 
Infringing copies 
227. Section 116 of this Act does not apply in relation to an article 
made, or imported into Australia, before the commencement of this 
Act, but, notwithstanding subsection 5 (1) of this Act, proceedings 
may, subject to the Copyright Act, 1911, be brought or continued by 
virtue of section 7 of that Act in relation to such an article and may, be 
so brought or continued although the proceedings relate to the conver­
sion or detention of the article after the commencement of this Act. 
Actions where copyright subject to exclusive licence 
228. Division 3 of Part V does not apply in relation to a licence 
granted before the commencement of this Act and does not affect any 
proceedings under the Copyright Act, 1911, whether instituted before 
or after the commencement of this Act. IP/N/l/AUSIlIAdd.l 
Page 210 
Cooyrtgnt Act 1968 
Offences and summary proceedings 197 
229. For the purposes of Division 5 of Part V, the definition of 
"infringing copy" in section 10 applies as if any reierence in that 
definition to copyright inciuded a reference to copYright under the 
Copyright Act, 1911. 
Limitation of actions 
230. Section 134 of this Act does not apply in relation to an 
infringement of copyright under the Copyright Act, 1911 or to an 
article made, or imported into Australia, before the commencement of 
this Act. 
Restriction of importation of printed copies of works 
231. Where: 
(a) before the date of commencement of this Act. a notice had 
been given in respect of a work under section 10 of the 
Copyright Act 1912 or of that Act as amended~ and 
(b) that notice had not been withdrawn, and had not otherwise 
ceased to have effect, before that date; 
the notice has, during the period of six months commencing on that 
date, such effect (if any) as it would have if it had been duly given in 
accordance with section 135 of this Act. 
References and applications to Tribunal in relation to licence schemes 
232. (1) Part VI applies in relation to licence schemes formulated 
before the date of commencement of this Act in like manner as it 
applies in relation to licence schemes formulated on or after that date, 
but, for the purposes of the application of that Part in relation to 
licence schemes formulated before that date, any reference in that Part 
to copyright includes a reference to copyright under the Copyright 
Act, 1911. 
(2) Any reference in section 157 to a refusal or failure to grant or 
procure the grant of a licence, or to a proposal that a licence should 
be granted, does not include a reference to a refusal or failure that 
occurred, or a proposal that was made, before the commencement of 
this Act. 
Duration of Crown copyright in photographs 
233. Subsection 180 (2) applies in relation to photographs taken 
before the commencement of this Act as if subsection 180 (3) were 
omitted .. 198 Copyright Act 1968 
s.lJ4 
Duration of Crown copyright in recordings IPINIV AUSIV Add. 1 
Page 211 
234. Section 181 applies in relation to sound recordings made 
before the commencement of this Act as if che reference in that 
section to the expiration of the calendar year in which the recording is 
first published were a reference to the expiration of the calendar year 
in which the recording was made. 
Crown copyright in films 
235. (1) Sections 178 and 181 do not apply in relation to 
cinematograph films made before the commencement of this Act. 
(2) Where sections 178 and 181 do not apply in relation to a 
cinematograph film by reason of the last preceding subsection: 
(a) if the film was an original dramatic work as defined by section 
204-sections 176 and 177, and subsection 180 (I), apply in 
relation to that work in accordance with subsection 222 (.1); 
and 
(b) sections 176 and 177, and subsection 180 (2) as modified by 
section 233, apply in relation to photographs forming part of 
the film in like manner as they apply in relation to pho­
tographs not forming part of a cinematograph film. 
Works made or published by international organizations 
234t. (1) Subsection 187 (1) does not apply in relation to works 
made before the commencement of this Act. 
(2) Subsection 187 (2) does not apply in relation to works first 
published before the commencement of this Act. 
Subject-matter, other than original works, made or published by 
international organizations 
237. (1) Subsection 188 (1) does not apply in relation to sound 
recordings or cinematograph films made before the commencement of 
this Act. 
(2) Subsection 188 (2) does not apply in relation to sound 
recordings or cinematograph films first published before the com­
mencement of this Act. 
(3) Subsection 188 (3) does not apply in relation to an edition 
published before the commencement of this Act. IP/N/l! AUS/V Add. 1 
Page 212 
Copyright Act 1968 199 
s.238 
False attribution of authorship of work 
238. (1) It is a breach of the duty imposed on a person by section 
190 if the person does. on or after the date of commencement of this 
Act, any of the acts mentioned in paragraphs 190 (1) (b) and (c) 
notwithstanding that the name concerned was inserted or affixed be­
fore that date. 
(2) Subject to the last preceding subsection, Part IX does not appiy 
in relation to acts done before the commencement of this Act. 
(3) In this section. "name" includes initials or a monogram. 
Assignments and licences 
239. (1) Subject to this section, where copyright subsists in a work 
by virtue of this Act, any document that was made, or event that 
occurred, before the commencement of this Act, being a document or 
event that had any operation affecting the ownership of, or creating, 
transferring or terminating an interest, right or licence in respect of, 
copyright in the work under the Copyright Act, 1911 or would have 
had such an operation if that Act had continued in force, has the like 
operation in relation [0 the copyright in the work under this Act. 
(2) If the operation of a document to which the last preceding 
subsection applies was or would have been limited [0 a period speci­
fied in the document, the document does not have any operation in 
relation to the copyright under this Act, except in so far as that period 
extends after the commencement of this Act. 
(3) For the purposes of the operation of a document in accor­
dance with this section: 
(a) expressions used in the document have the same respective 
meanings as they had immediately before the commencement 
of this Act. whether or not those expressions have different 
meanings for the purposes of this Act: and 
(b) subsection 197 (1) does not apply. 
(4) Without prejudice to the generality of subsection (1), where the 
author of a work that was made before the commencement of this Act 
was the first owner of the copyright in the work: 
(a) any assignment of the copyright, or any grant of an interest in 
the copyright, made by the author (otherwise than by will) 
after the commencement of the Copyright Act, 1911 and 
before the commencement of this Act, being an assignment or 
grant that has effect in relation to copyright in the work under 
this Act by virtue of subsection (1), does not operate to vest in 200 
s.240 Cooynght Act 1968 IP/N/l! AUS/l! Add. 1 
Page 213 
the assignee or grancee any rights with respect to the copyright 
in the work after the expiration of 25 years after the date of 
the death of the author; 
(b) on the death of the author, the reversionary interest in the 
copyright expectant on the termination of that period devolves. 
notwithstanding any agreement to the contrary, on his legai 
personal representative as part of his estate: and 
(c) any agreement entered into by the author as to the disposition 
of that reversionary incerest is of no force or effect; 
but nothing in this subsection shall be taken to apply to the assignmenc 
of the copyright in a collective work or a licence to publish a work or 
a part of a work as part of a collective work. 
(5) In the last preceding subsection, expressions that are defined 
by section 204 have the meanings respectively given to those expres­
sions by that section and do not have the meanings, if any, respectively 
given to those expressions by Part I I. . 
(6) The preceding subsections of this section apply in reiation to 
copyright under this Act in a sound recording or in a cinematograph 
film in like manner as they apply in relation to copyright in a work 
but a reference in those subsections to the copyright under the Copy­
right Act, 1911 shall: 
(a) in the application of those subsections in relation to a sound 
recording- be read as a reference to the copyright under that 
Act in records embodying the recording; and 
(b) in the application of those subsections in relation to a cine­
matograph film-be read as a reference to any copyright under 
that Act in the film (in so far as it constituted a dramatic work 
for the purposes of that Act) or in photographs forming pan of 
the film. 
Bequests 
240. (1) Section 198 does not apply in relation to a bequest 
contained in the will of a testator who died before the commencement 
of this Act. 
(2) Where: 
(a) an author has died before the commencement of this Act; 
(b) a person has acquired, under the will of the author, the 
own,ership of a manuscript of a work by the author; and 
(c) the work: 
(i) has nO( been published: 
(ii) in the case of a dramatic or musical work-has not 
been performed in public; and IP/N/lIAUSIlIAdd.l 
Page 214 
Copynght Act 7968 :01 
s. ':41 
(iii) in the case or J iecture-has not been delivered in 
;JubllC: 
the ownership bv that person of the manuscript is eVidence that that 
person IS the owner of the copyright In the work. 
(3) I n the last preceding subsection, expressions that are defined 
by section 204 have [he meanings respectiveiv given (0 those expres­
sions by that section and do not have the meanings, If any. respectivelv 
given to those expressIOns by Part I I. 
Delivery of library material to National Library 
141. Section 201 does not apply in relation to library materIal 
published before the commencement of this Act. 
Groundless threats of legal proceedings 
142. Section 202 of this Act does not apply in relation to threats 
made after the commencement of this Act in respect of acts that took 
place before the commencement of this Act and. notwithstanding 
section 6 of this Act, section 41A of the Copyright Act 1912-1966 
continues to apply in relation to any such threats in like manner as it 
continues to apply in relation to threats made before [he commence­
ment of this Act. 
Division 5-Works Made be/ore 1 July, 1912 
Interpretation 
243. In this Division, "right conferred by the Copyright Act, 
1911" , in relation to a work, means a right that, by virtue of section 
24 of the Copyright Act, 1911, was conferred in place of a right that 
subsisted immediately before the commencement of that Act. 
Application 
244. This Division applies to works made before 1 July 1912. 
Rights conferred by Copyright Act, 1911 
245. Notwithstanding anything in Division 2, section 32 of this Act 
does not apply to a work to which this Division applies unless a right 
conferred. by the Copyright Act, 1911 subsisted in the work imme­
diately before the commencement of this Act. 202 
s.246 
Performing rights Copynght Act 1968 IP/N/1/AUS/1/Add.l 
Page 215 
246. 0) Where the right conferred by the Copyright Act. 1911 in 
relation to a dramatic or musical work to which this Division applies 
did not include the sole right to perform the work in public. then. 
copyright. in so far as it subsists in the work by virtue of this Act, does 
not include the performing rights in relation to the work. 
(2) Where the right conferred by the Copyright Act, 1911 in 
relation to a dramatic or musical work to which this Division applies 
consisted onlv of the sole right to perform the work in public. then. 
copyright. in so far as it subsists in the work by virtue of this Act. 
consists only of the performing rights in relation to the work. 
(3) For the purposes of this section, the performing rights, In 
relation to a work. are: 
(a) the exclusive right to perform the work, or an adaptation of 
the work, in public; 
(b) the exclusive right to broadcast the work or an adaptation of 
the work; and 
(c) the exclusive right to cause the work, or an adaptation of the 
work, to be transmitted to subscribers to a diffusion service. 
Contributions to periodicals 
247. Where: 
(a) a work to which this Division applies (in this section referred 
to as "the relevant work" ) consists of an essay, article or item 
forming part of, and first published in, a review, magazine or 
other periodical or work of a like nature; and 
(b) immediately before the commencement of this Act, a right of 
publishing the relevant work in a separate form subsisted by 
virtue of the note to the First Schedule to the Copyright Act, 
1911; 
copyright subsisting in the relevant work by virtue of this Act is subject 
to that right of publishing the relevant work in a separate form. 
Assignments and licences 
248. (1) Without prejudice to the generality of subsection 239 (1) 
of this Act, where: 
(a) the. author of a work to which this Division applies had, before 
the commencement of the Copyright Act, 1911, made an 
assignment or grant of a kind referred to in paragraph (a) of 
the proviso to subsection 24 (1) of that Act (in this section 
referred to as "the proviso" ); and 
(b) copyright subsists in the work by virtue of this Act; IP/N/l! AUS/l! Add. 1 
Page 216 
COPYright Act 1968 203 
s.248A 
the succeeding sUDsections of this section have effect. 
(2) If, before the commencement of this Act. an event occurred or 
a notice was given. being an event or notice that, in accordance with 
paragraph I a) of the proviso. had any operation affecting the owner­
ship of the right conferred by the Copvrlght Act, 1911 in relation to 
the work or creating, transferring or terminating an interest, right or 
licence in respect of that right. that event or notice has the iike 
operation in relation to the copyright in the work under this Act. 
(3) Any right that, at a time after the commencement of this Act. 
would, by virtue of paragraph (a) of the proviso, have been exercisable 
in relation to the work or in relation to the right conferred by the 
Copyright Act. 1911. if this Act had not been enacted, is exercisable in 
relation to the work or in relation to the copyright subsisting in the 
work under this Act, as the case may be. 
(4) If, in accordance with paragraph (a) of the proviso, the right 
conferred by the Copyright Act, 1911 would have reverted to the 
author or his personal representatives on the date referred to in that 
paragraph, and that date occurs after the commencement of this Act. 
then on that date: 
(a) the copyright in the work under this Act reverts to the author 
or his personal representatives, as the case may be; and 
(b) any interest of any other person in that copyright that subsists 
on that date by virtue of any document made before the 
commencement of the Copyright Act, 1911 ceases. 
PART XIA-PERFORMERS' PROTECTION 
Division I-Preliminary 
Interpretation 
248A. (1) In this Part: 
"action" means a proceeding of a civil nature between parties and 
includes a counterclaim; 
"authorised" , in relation to a recording of a performance, means 
made with the authority of the performer; 
"cinematograph film" includes an article in which visual images are 
embodied and which is capable of being used to show those images as 
a moving picture. and a sound-track associated with those images; 
"direct" , in relation to a sound recording or cinematograph film of a 
performance, means made directly from the live performance; ~04 
s.248A Copyright Act 7968 IP/N/lIAUS/lIAdd.l 
Page 217 
"exempt recording" means: 
(a) an indirect sound recording or an indirect cinematograph film 
of a performance. being a sound recording or film made solelv 
for the purpose of the pnvate and domestic use of the person 
who maae it; 
(b) an indirect sound recording or an indirect cinematograph film 
of a performance. being a sound recording or film made soieiy 
for the purpose of use in scientific research; 
(c) an indirect sound recording or an indirect cinematograph film 
of a performance. being a sound recording or film made by, or 
on behalf of. the body administering an educational institution 
solely for the educational purposes of that institution or of 
another educational institution: 
(d) an indirect sound recording or an indirect Cinematograph film 
of a periormance, being a sound recording or film made by, or 
on behalf of. the body administering an institution assisting 
handicapped readers solely for the purpose of the provision. 
whether by the institution or otherwise, of assistance to handi­
capped readers; 
(e) an indirect sound recording or an indirect cinematograph film 
of a performance, being a sound recording or film made by. or 
on behalf of. the body administering an institution assisting 
intellectually handicapped persons solely for the purpose of 
the provision, whether by the institution or otherwise, of 
assistance to intellectually handicapped persons: 
(f) a direct or indirect sound recording or cinematograph film of 
a performance made: 
(i) for the purpose of, or associated with, the reporting 
of news or current affairs; or 
(ii) for the purpose of criticism or review: 
(g) a direct or indirect sound recording or cinematograph film of 
a performance made solely for the purpose of a judicial 
proceeding or the giving of professional advice by a legal 
practitioner; 
(h) a direct sound recording or cinematograph film of a perfor­
mance made by a broadcaster who has the authority of the 
performer to broadcast the performance, being a recording' or 
film made solely for the purpose of making that broadcast; 
U) a direct or indirect sound recording or cinematograph film of 
a performance made by a person who reasonably believes, due 
to a fraudulent or innocent misrepresentation made to the 
person, that the performer has authorised the making of the 
recording or film by the person; IP/N/l! AUS/1/ Add. 1 
Page 218 
Copyrighc Act 7968 205 
s.248A 
(k) a cop~ or d sound recording or cinema[Ograph film referred to 
in paragraph (a), (b), (c), (dj, (e), (f) or (g), being a copy 
made solei v for a purpose referred [0 in any of those para­
graphs: 
(m) a cop~ of 3 sound recording or cinema[Ograph film referred [0 
in paragraph (h), being a copy made solely for the purpose 
referrea to in that paragraph: 
(n) a copy of a sound recording or cinematograph film referred [0 
in paragraoh U), being a copy made: 
(J) by a person who believes, due [0 a fraudulent or 
innocent representation made [0 the person, that the 
performer has authorised the making of the copy; or 
(iii soiely for a purpose referred [0 in paragraph (a), (b), 
(c), (d), (e), (f) or (g); or 
(p) a copy of an authorised recording of a performance. other 
than a copy of an authorised sound recording where the copy 
was made for use in a sound-track but the. making of the 
sound recording was not authorised for the purpose of use in a 
sound-track; 
"indirect" , in relation to a sound recording or cinematograph film of 
a performance. means made from a broadcast. or a re-broadcast. of the 
performance or from a transmission of the performance to subscribers 
to a diffusion service; 
"performance" means: 
(a) a performance (including an improvisation) of a dramatic 
work. or part of such a work, including such a performance 
given with the use of puppets; 
(b) a performance (including an improvisation) of a musical work 
or part of such a work; 
(c) the reading, recitation or delivery of a literary work, or part of 
such a work, or the. recitation or delivery of an improvised 
literary work; 
(d) a performance of a dance; or 
(e) a performance of a circus act or a variety act or any similar 
presentation or show; 
being a live performance given in Australia by one or more qualified 
persons, whether in the presence of an audience or otherwise; 
"protection period" , in relation to a performance, means the period 
beginning on the day when the performance is given and ending at the 
end of the period of 20 calendar years after the calendar year in which 
the performance is given; 
"quaJified person" means an Australian citizen. an Australian pro­
tected person or a person resident in Australia; 206 
s.248B Copyright Act 7968 IPINIl! AUS/l! Add. 1 
Page 219 
"recording" :neans a sound recording or cinematograph film. other 
than an exempt recording; 
"sound recording" includes an article in whIch sounds are embodied; 
"unauthorised" , in relation to a recording of a performance. means 
made without the authority of the performer; 
"unauthorised use" has the meaning given by section 248G. 
(2) The following shall be taken not to be performances for the 
purposes of this Part: 
(a) a performance referred to in subsection 28 (1); 
(b) a reading, recital or delivery of any item of news and informa-
tion: 
(c) a performance of a sporting activity; or 
(d) a participation in a performance as a member of an audience. 
(3) In this Part: 
(a) a reference to the doing of an act in relation to a performance 
includes a reference to the doing of that act in relation to a 
substantial part of the performance; 
(b) a reference to the doing of an act in relation to a performance. 
or a recording of a performance, with the authority of the 
performer is, in the case of 2 or more performers, a reference 
to the doing of the act where each of the performers has 
authorised the doing of the act; 
(c) a reference to the doing of an act in relation to a performance. 
or a recording of a performance, without the authority of the 
performer is, in the case of 2 or more performers, a reference 
to the doing of the act where at least one of the performers 
has not authorised the doing of the act; and 
(d) a reference to a sound-track is a reference to a sound-track 
associated with visual images forming part of a cinematograph 
film. 
Educational purposes 
248B. Without limiting the meaning of the expression "educational 
purposes" in paragraph (c) of the definition of "exempt recording" in 
subsection 248A (1), a sound recording or cinematograph film of a 
performan<:e shall be taken to have been made for the educational 
purposes of an educationai institution if it is made: 
(a) for use in connection with a particular course of instruction 
provided by the institution; or 
(b) for inclusion in the collection of a library of the institution. lP/NIl! AUS/l! Add. 1 
Page 220 
Copyright Act 1968 :Oi 
s.248C 
Exempt recordings cease to be exempt recordings in certain 
circumstances 
248C. (1) If any copies of a sound recording or a cinematograph 
film of a performance, being a sound recording or film that is an 
exempt recording under paragraph (h) of the definition of "exempt 
recording" in subsection 248A (1), are not destroyed before the end or" 
the period of 12 months beginning on the day on which any of those 
copies is first used for broadcasting the performance. the sound re­
cording or film shall. at the end of that period. cease to be an exempt 
recording. 
(2) A sound recording or cinematograph film. or a copy of such a 
recording or film, that is an exempt recording because it was made for 
a purpose referred to in paragraph (a), (b). (c), (d), (e) or (f) of the 
definition of "exempt recording" in subsection 248A (1) ceases to be 
an exempt recording if it is used for any other purpose without the 
authority of the performer. 
Private and domestic use 
248D. For the purposes of this Part. a sound recording or cine­
matograph film shall be taken not to have been made for the private 
and domestic use of the person who made it if it is made for the 
purpose of: 
(a) selling it, letting it for hire, or by way of trade offering or 
exposing it for sale or hire; 
(b) distributing it, whether for the purpose of trade or otherwise; 
(c) by way of trade exhibiting it in public; 
(d) broadcasting the film or recording; or 
(e) causing the film or recording to be seen or heard in public. 
References to transmission to subscribers to a diffusion service 
248E. (1) A reference in this Part to the transmission of a 
perfqrmance to subscribers to a diffusion service is a reference to the 
transhtission of the performance in the course of a service of distribut­
ing broadcast or other matter (whether provided by the person operat­
ing the service or by other persons) over wires, or over other paths 
provided by a material substance, to the premises of subscribers to the 
service. 
(2) ,For the purposes of this Part, where a performance is so 
transmitted: 
(a) the person operating the service shall be taken to be the 
person causing the performance to be so transmitted; and 208 Copynght Act 1968 IP/N/lIAUSIlIAdd.l 
Page 221 
s.248F 
(b) no person other than the person operatlng the service shall be 
taken to be causing the performance to be so transmitted. 
whether or not he or she provides any facilities for the trans­
miSSion. 
(3) In applving this section. a service of distributing broadcast or 
other matter shall be disregarded where the service is only incidentai 
to a bUSIness of keeping or letting premises at which persons reside or 
sleep, and is operated as part of the amenities provided exclusiveiy for 
residents or inmates of the premises or for those residents or inmates 
and their guests. 
(4) A reference in this section to the person operating a service of 
distributing broadcast or other matter is a reference to the person who. 
in the agreements with subscribers to the service, undertakes to pro­
vide them with the service. whether he or she is the person who 
transmits the broadcast or other matter or not. 
(5) Where a service of distributing matter over wires or over other 
paths provided by a material substance is only incidental to, or part of, 
a service of transmitting telegraphic or telephonic communications. a 
subscriber to the last-mentioned service shall be taken, for the pur­
poses of this section. to be a subscriber to the first-mentioned service. 
Application 
248F. (1) This Part applies to an act done on or after the 
commencement of this Part in relation to a performance given on or 
after that commencement. 
(2) Nothing in this Part affects any copyright subsisting in a work 
that is performed or in any sound recording, cinematograph film or 
broadcast of a performance. or any other right or obligation arising 
otherwise than under this Part. 
(3) In the application of this Part to a counterclaim, the reference 
in sectIOn 248J to the defendant shall be read as a reference to the 
plaintiff. \ 
Division 2 -Actions by performers 
What constitutes unauthorised use 
248G. (1) A person makes an unauthorised use of a performance 
if the person, at any time during the protection period of the perfor­
mance and without the authonry of the performer: 
(a) makes a direct or indirect recording of the performance; IP/N/l! AUS/l! Add. 1 
Page 222 
CODyngnt Act 7968 209 
s-2~8G 
(b) broadcasts or re-broadcasts the performance. either direcliv 
from the live perrormance or from an unauthorised recording 
of it; or 
(c) causes the live performance. or an unauthorised recording or­
it. to be transmitted to subscribers to a diffusion service. 
(2) A person makes an unauthorISed use of a performance if the 
person. at any time during the protection period of the performance 
and without the authority of the periormer: 
(a) makes a COPy of a recording of the performanGe [hat the 
person knows. or ought reasonably to know. IS an 
unauthorised recording; 
(b) makes a copy of an exempt recording of (he performance. 
being a copy that the person knows. or ought reasonably to 
know. is not itseif an exempt recording; 
(c) makes. for use in a sound-track, a copy of an authorised sound 
recording of the performance and the person knows. or ought 
reasonably to know, that the making of the sound recording 
was not authorised for the purpose of use in that or any other 
sound-track; 
(d) has in his or her possession a recording of the performance 
that the person knows, or ought reasonably to know, is an 
unauthorised recording; 
(e) sells, lets on hire. or by way of trade exhibits in public or 
offers or exposes for sale or hire. a recording of the perfor­
mance that the person knows, or ought reasonably to know, is 
an unauthorised recording; 
(f) distributes a recording of the performance for the purpose of 
trade, or for any other purpose to an extent that will affect 
prejudicially the financial interests of the performer or per­
formers in the performance, being a recording that the person 
knows, or ought reasonably to know, is an unauthorised re­
cording; 
(g) imports a recording of the performance into Australia for the 
purpose of: 
(i) selling it, letting it for hire, or by way of trade 
exhibiting it in public or offering or exposmg it for 
sale or hire; or 
(ii) distributing it for the purpose of trade, or for any 
other purpose to an extent that will affect prejudi­
cially the financial interests of the performer or per­
formers in the performance; 210 CooynghtAct 7968 lP/NIl/ AUS/l! Add. 1 
Page 223 
5. 248H 
being a recording that the person knows. or ougnt reasonablv 
to know, is an unauthorised recording; or 
(h) causes a recording of the performance to be heard or seen in 
public. being a recording that the person knows. or ought 
reasonably to know. IS an unauthorised recording. 
(3) A person who broadcasts or re-broadcasts an authorised 
recording of a performance. or causes an authorised recording of a 
performance to be transmitted to subscribers to a diffusion service, 
without the authority of the performer does not, by so doing, make an 
unauthorIsed use of the periormance. 
(4) This section applies only to acts done in Australia. 
Copying sound recordings for broadcasting 
248H. (1) Despite paragraph 248G (2) (c), where the making of a 
copy of a sound recording of a performance for use in a sound-track 
WOUld, but for this subsectIon, be an unauthorised use of the perfor­
mance under that paragraph, the making by a person of such a copy 
solely for the purpose of use in a broadcast by that person is not an 
unauthorised use of the periormance. 
(2) Subsection (1) does not apply to 3 copy if it is used for a 
purpose other than: 
(a) a broadcast by the person who made the copy; or 
(b) the making of further copies by that person for the purpose of 
broadcasting by that person. 
(3) Subsection (1) does not apply to a copy unless all the copies 
made in accordance with that subsection are: 
(a) destroyed; or 
(b) delivered, with the consent of the Director-General of the 
Australian Archives, to the Australian Archives; 
before the end of the period of 12 months beginning on the day on 
which any of those copies is first used for the purpose of a broadcast 
in accordance with that subsection, or before the end of such further 
period (if any) as is agreed between the maker of the copy and the 
performer, or all of the performers. 
(4) The Director-General of the Australian Archives shall not 
consent to the delivery of a copy of a sound recording to the Austra­
lian Archives unless the Director-General has certified that the sound 
recording is of an exceptional documentary character. IP/N/lIAUS/lIAdd.l 
Page 224 
Cooyright Act 1968 211 
s.248J 
Actions for unauthorised use 
248J. (1) A performer may bring an action for an unauthorised 
use of his or her performance. 
(2) The relief that J court may grant in an action for an 
unauthorised use of a performance includes an injunction (subject to 
such terms, if any, as the court thinks fit) and damages. 
(3) Where. in an action for an unauthorised use of a performance: 
(a) the unauthorised use is estaolished; and 
(b) the court is satisfied that it is proper to do so, having regard 
to: 
(i) the flagrancy of the use; 
(ii) any benefit shown to have accrued to the defendant 
by reason of the use: and 
(im all other relevant matters; 
the court may, in assessing damages, award such addit~onal damages as 
it considers appropriate in the circumstances. 
Exercise of jurisdiction 
248K. The jurisdiction of the Supreme Court of a State or 
Territory in an action under section 248J shall be exercised by a single 
Judge of the Court. 
Appeals 
248L. (1) Subject to subsection (2), a decision of a court of a State 
or Territory (however constituted) in an action under section 248J is 
final and conclusive. 
(2) An appeal lies from a decision of a court of a State or 
Territory in an action under section 248J: 
(a) to the Federal Court of Australia; or 
(b) by special leave of the High Court, to the High Court. 
Jurisdiction of Federal Court 
248M. Jurisdiction is conferred on the Federal Court of Australia 
with respect to actions under section 248J. 
Right to bring an action not assignable 
248N. The right of a performer to bring an action under section 
248J is not assignable. :12 
s.248P CODvnght Act 1968 
Division J -Offences IP/N/lIAUSIlIAdd.l 
Page 225 
Offences involving unauthorised fecording, broadcasting etc. of 
performances 
248P. (1) A person shall nO[, at any time during the protection 
period of a performance. make a direct recording of the performance 
without the authority of the performer. 
(2) A person shall nO[, at any time during the protection period of 
a performance, make an indirect recording of the performance without 
the authority of the performer. 
(3) A person shall nO[, at any time during the protection period of 
a performance, broadcast or re-broadcast the performance, either 
directly from the live performance or from an unauthorised recording 
of it, without the authority of the performer. 
(4) A person shall nO[, at any time during the protection period of 
a performance, cause the live performance, or an unauthorised record­
ing of it, to be transmitted to subscribers to a diffusion service without 
the authority of the performer. 
(5) A person shall not, at any time during the protection period of 
a performance, cause a recording of the performance to be heard or 
seen in public if the person knows, or ought reasonably to know, that 
the recording is an unauthorised recording. 
(6) A person shall not, at any time during the protection period of 
a performance, have in his or her possession any plate or recording 
equipment that the person knows, or ought reasonably to know, is to 
be used for making an unauthorised recording of the performance or a 
copy of such a recording. 
(7) This section applies only to acts done in Australia. 
(8) A person who broadcasts or re-broadcasts an authorised 
recording of a performance, or causes an authorised recording of a 
performance to be transmined to subscribers to a diffusion service, 
without the authority of the performer does not, by doing so, con­
travene subsection (3) or (4). 
Other offences in relation to performances 
248Q. (1) A person shall not, at any time during the protection 
period of a performance, make a copy of a recording of the perfor­
mance if the person knows, or ought reasonably to know, that the 
recording is an unauthorised recording. IP/N/lIAUS/1/Add.l 
Page 226 
:.:oo.vngm Act 7968 :13 
s.248Q 
,Z) :\ person shall r:-:l. ,it Jll\ time during the protectlon period or 
J Derrormance. make ..i ,:opv ()! In exempt recording of the perfor­
mance without the autnOfm of the perrormer if the pen.on knows. or 
ought reasonably to 1-. ;10\1" that :he copy is not itself an exempt 
recording, 
(3) A person shall not. Jt In'. time during the protection peflod or 
a oerrormance. make J copy oi an authorised sound recording of the 
pe'riormance without the 3uthority of the performer if: 
13) the copy is m3..:Je for use in d sound-track and the person 
knows. or ougnt reasonably to know. that the making ot the 
sound recording \l,as not authorised for the purpose of use in 
that or any other sound-track: and 
i b) the making of t~e copy is an unauthorised use of the perfor­
mance under sUDsection 2.+8G (2). 
(4) A person shail not. at any time during the protection period of 
a performance. have in his or her possession a recording of the 
periormance if the person knows. or ought reasonably to know. that 
the recording is an unauthorised recording. 
(5) A person shall not. at any time during the protection period of 
a performance: 
(a) sell. let for hire. or by way of trade offer or expose for sale or 
hire a recording of the performance; 
(b) distribute a recording of the performance for the purpose of 
trade. or for any other purpose to an extent that will affect 
prejudicially the financial interests of the performer or per­
formers in the performance: or 
(c) import a recording of the performance into Australia for the 
purpose of: 
(i) selling it. letting it for hire, or by way of trade 
offering or exposing it for sale or hire; or 
(ii) distributing it for the purpose of trade, or for· any 
other Durpose to an extent that will affect prejudi­
cially the financial interests of the performer or per­
formers in the performance; 
if the person knows, or ought reasonably to know, that the 
recording is an unauthorised recording. 
(6) A person shall not, at any time during the protection period of 
a performance: 
(a) by way of trade exhibit in public a recording of the perfor­
mance; or 
(b) import a recording of the performance into Australia for the 
purpose of exhibiting the recording in public by way of trade; Cooyngnt Act 1968 
s.248R IP/NllIAUSllIAdd.l 
Page 227 
if the person knows. or ought reasonably lO know, that the recording IS 
an unauthorised recording. 
(7) This section applies only to acts done in Australia. 
Penalties 
248R. (1) A person who contravenes subsection 248P (I) or (2) is 
guiity of an offence punishable on conviction by: 
(a) if it is the person's first conviction for a contravention of that 
subsection and the recording to which the contravention re­
lates is a sound recording: 
(i) if the person is a natural person-a fine nm exceed­
ing $500; or 
(ii) if the person is a body corporate-a fine not 
exceeding S2,500: 
(b) if it is che person's first conviction for a contravention of that 
subsection and the recording to which the contravention re­
lates is a cinematograph film: 
(i) if the person is a natural person-a fine not exceed­
ing $1,500 or imprisonment for a term not exceeding 
2 years, or both; or 
(ii) if the person is a body corporate-a fine not exceed­
ing $7,500: 
(c) if it is not the person's first conviction for a contravention of 
that subsection and the recording to which the contravention 
relates is a sound recording: 
(i) if the person is a natural person-a fine not exceed­
ing $500 or imprisonment for a term not exceeding () 
months, or both: or 
(ii) if the person is a body corporate-a fine not exceed­
ing $5,000; or 
(d) if it is not the person's first conviction for a contravention of 
that subsection and the recording to which the contravention 
relates is a cinematograph film: 
(i) if the person is a natural person-a fine not exceed­
ing $1,500 or imprisonment for a term not exceeding 
5 years, or both; or 
,(ii) if the person is a body corporate-a fine not exceed­
ing $15,000. 
(2) A person who contravenes subsection 248P (3), (4), (5) or (6) 
is guilty of an offence punishable on conviction by: 
(a) if it is the person's first conviction for a contravention of that 
subsection: IP/NIlIAUSIlIAdd.l 
Page 228 
CODyngnt Act 1968 215 
s.248R 
(i) if the person is a natural person -a fine not exceed­
ing 51.500; or 
(ii) if the person is a bodY corporate-a fine not exceed­
ing $7,500; or 
(b) in any other case: 
(i) if the person is a natural person-a fine not 
exceeding 51.500 or imprisonment for a term not 
exceeding 6 monrhs, or both; or 
(ii) if the person is a body corporate-a fine not exceed­
ing $15.000. 
(3) A person who contravenes subsection 248Q (J), (2), (3), (4), 
(5) or (6) is guilty of an offence punishable on conviction by: 
(a) if it is the person's first conviction for a contravention of that 
subsection and the recording to which the contravention re­
lates is a sound recording: 
(i) if the person is a natural person-a fine not exceed­
ing $500 for each sound recording or copy to which 
the offence relates; or 
(ii) if the person is a body corporate-a fine not exceed­
ing $2.500 for each sound recording or copy to which 
the offence relates; 
(b) if it is the person's first conviction for a contravention of that 
subsection and the recording to which the contravention re­
lates is a cinematograph film: 
(i) if the person is a natural person-a fine not exceed­
ing $1,500 for each cinematograph film or copy to 
which the offence relates or imprisonment for a term 
not exceeding 2 years, or both; or 
(ii) if the person is a body corporate-a fine not exceed­
ing $7,500 for each cinematograph film or copy to 
which the offence relates; 
(c) if it is not the person's first conviction for a contravention of 
that subsection and the recording to which the contravention 
relates is a sound recording: 
(i) if the person is a natural person-a fine not exceed­
ing $500 for each sound recording or copy to which 
the offence relates or imprisonment for a term not 
exceeding 6 months, or both; or 
(ii) if the person is a body corporate-a fine not exceed­
ing $5,000 for each sound recording or copy to which 
the offence relates; or 216 
s.2485 Cooynght Act 1968 lP/NIl! ADS/1/ Add. 1 
Page 229 
(d) if it is not the persons first. conviction for a contravention of 
that subsection and the recording to which the contravention 
relates is a cinematograph film: 
(i) if the person is a natural person-a fine not exceed­
ing SI.500 for each cinematograph film or copy to 
which the offence relates or imprisonment for a term 
not exceeding 5 years. or both; or 
(ii) if the person is a body corporate-a fine nOl exceed­
ing S 15.000 for each cinematograph film or copy to 
which the offence relates. 
(4) Where a fine is imposed on a person under subsection (3) in 
relation to an offence committed by the person and there is more than 
one recording or copy to which the offence relates: 
(a) if the person is prosecuted before the Federal Court of Austra­
Ha-the fine imposed in respect of the offence shall not exceed 
S50,000 if the person is a natural person or S250,000 if the 
person is a body corporate; and 
(b) if the person is prosecuted before any other court-the fine 
imposed in respect of the offence shaH not exceed $10.000 if 
the person is a natural person or $50,000 if the person is a 
body corporate. 
Prosecutions for offences 
248S. (1) Prosecutions for offences against this Part may be 
brought in the Federal Court of Australia or in any other court of 
competent jurisdiction. 
(2) Jurisdiction is conferred on the Federal Court of AustraH-a to 
hear and determine prosecutions for offences against this Part. 
Destruction or delivery up of unauthorised recordings 
248T. The court before which a person is charged with an offence 
against this Part may, whether the person is convicted of the offence or 
not. order that any article in the possession of the person that appears 
to the court to be: 
(a) an unauthorised recording of a performance. or a copy of such 
a recording; or 
(b) a plate or recording equipment used, or intended to be used. 
for· making an unauthorised recording of a performance, or 
copies of such a recording; 
be destroyed or delivered up to the performer or performers con­
cerned or otherwise dealt with in such manner as the court thinks fit. IP 1Nl 1 I A US/1/ Add.l 
Page 230 
Cooyngm Act 1968 217 
s.24IW 
Division 4 -Extension of protection to foreign countries 
Application to foreign countries 
248U. (1) Subiect (0 this section. the regulations may apply any of 
the provisions of this Part specIfied in the regulatIons, in re1atlOn (0 a 
fore;gn country so specIfied" in anyone or mo-re of the [ollowlng ways: 
(a) so that the provisions apply in relation to performances given 
in that country in like manner as those provisions appiy in 
reiatIon to performances given in Austraiia: 
. (b) so that the provisions apply in relation [0 persons who are 
citizens or nationals of that country in like manner as those 
provisions appiy in relation to persons who are Australian 
citizens; 
(c) so that the provisions apply in relation to persons who are 
resident in that country in like manner as those provisions 
apply in relation to persons who are resident. in Australia. 
(2) Regulations applying a provision of this Part in relation to J 
foreign country: 
(a) may apply the provision without exception or modification or 
subject to such exceptions or modifications as are specified in 
the regUlations; and 
(b) may apply the provision either generally or in relation to such 
classes of performances. or other classes of cases, as are 
specified in the regulations. 
(3) Regulations shall not be made applying any of the provisions 
of this Part in relation to a foreign councry that is not a party (0 a 
Convention relating to the protection of performers to which Australia 
is also a party unless the Governor-General is satisfied that, in respect 
of the performances to which those provisions relate, provision has 
been or will he made under the law of that councry under which 
adequate protection is or will be given to performers whose perfor­
mances are protected under this Act. 
Denial of protection to citizens of countries not giving adequate 
protection to Australian performances 
248V. (1) If it appears to the Governor-General that the law of a 
foreign country does not give adequate protection to Australian perfor­
mances (whether the lack of protection relates to the nature of the 
performance or the nationality, citizenship or country of residence of 
its performer, or all of those matters), the Governor-General may, :18 
s. 249 Cooyngnt Act 7968 lP/NIl! AUS/I! Add.l 
Page 231 
having regara to the nature :lOd extent of the lack of protection 
involved. maKe regulations in relation to that country in accordance 
with this section. 
(2) RegUlations made for the purposes of this section may provide. 
either generallv or in such cases as are specified in the regulations, that 
this Part does not apply to performances given after a day specified in 
the regulations (which may be a day before the commencement of the 
regulations or of this Part) if, at the time the performances were or are 
given, the performers were or are citizens or nationals of a foreign 
country specified in the regulations, other than persons resident in 
Australia. 
PART XII-REGULATIONS 
Regulations 
249. The Governor-General may make regulations, not inconsis­
tent with this Act, prescribing all matters that are required or 
permitted by this Act to be prescribed or are necessary or convenient 
to be prescribed for carrying out or giving effect to this Act and, in 
particular. prescribing penalties not exceeding a fine of $100 for 
offences against the regulations. 
THE SCHEDULE 
OATH Section 144 
I, . do swear that I wlil be faithful and bear true al1egaance to 
Her Majesty Queen Elizabeth the Second. Her HeirS and SLJCCeSSO(S accomlng to law, that I wdl well 
and truly serve Her In tile offICe at and that I will faithfully 
and unpartJally penorm the dutieS of that office. 
SO HELP ME GOD! 
AFFIRMATION 
I. • do solemnly and Sincerely promise and declare that 1 will be 
faithful and bear true allegiance 10 Her M8jesty Queen Elizabeth the Second, Her Hetrs and 
Successors accorolng 10 law. Itlal I will well and truly serve Her In \tie office of 
and that I will faithfully and Impartially perform the dutIeS of that office. IP/N/l! ADS/V Add.l 
Page 232 
Copyright Act 1968 219 
NOTES 
I. The CODyngnr Act 1968 as snown In this reprint comprises Act No. 63, 1968 amenaea as 
IOOlcatecJ In the fables belOW. 
The COPYflgnt Act 1968 was mOOlhed by the A.C.T. Self-Government (ConseQuential PrOlII' 
SIOOS) RegUlauons as amenaeo. (See Note 2) 
Table at Acts 
Act Numoer Date Date 01 Appllcauon. 
and year oi Assenl . commencement saving or 
Iransluooar 
provIsions 
COPYflght Act 1968 63, 1968 27 June 1 May 1969 (see 
1968 Gazette 1969, 
p.2543) 
Statute Law ReVISion Act 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) ana 
1973 10 
AdministratIVe Changes 91,1976 20 Sepl 1976 S. 3: (a) S.4 
(Consequential 
ProvISions} Act 1976 
Broadcasting and 160, 1977 10 Nav 1977 1 Jan 1978 (see 
Television Amenoment Gazeae 1977, No. 
Act 1977 5259) 
JUflsdiction of Couns 19, 1979 28 Mar 1979 Parts II-XVII (ss. Ss. 9 ana 
(Miscellaneous 3-123): 15 May 124 
Amendments} Act 1979 1979 (see Gazeae 
1979. No. 5861 
Remainder: 19 Mar 
1979 
Copyright Amendment Act 154.1980 19 Sepl 1980 Ss. 17-19: 29 Sapt 
1980 1980 
Remainder: 1 Aug 
1981 (see Gazette 
1981. No_ S124) 
Designs Amendment Act 42. 1981 13 May 1981 Ss. 1 and 2: 13 5.36 
1981 Mar 1981 
S.31.PanIV 
(ss. 34 ana 35) and 
s. 36 (2): 1 Apr 
. 1982 (see Gazetre 
1982. No. G12. 
p_ 4) 
Remainder: 1 Apr 
1982 (see Gazette 
1982. No. G12. 
p.4) 
Statute ,Law ReVision Act 61. 1981 12 June S. 115: Royal 
1981 19B1 Assent (b) :::':0 
Act 
Broaacastmg ana 
TelevIsIon Amenament 
Act 1981 
Statute Law 
(M,scellaneous 
Amenaments) Act 
(No. 1) 1982 
Statute Law 
(Miscellaneous 
Amenaments) Act 
(No. 2) 1982 
Broadcastmg and 
TeleVISion Amenament 
Act 1982 
Australian Broadcasting 
Corporation 
(TransitiOnal PrOVISions 
and Consequential 
Amenaments) Act 1983 
Cooynght Amendment Act 
1983 
Statute Law 
(MIscellaneous 
PrOVISIons) Act (No. 2) 
1983 
Radlocommumc8t1ons 
(TransitiOnal PrOVISions 
and Consequential 
Amenaments) Act 1983 
Cooyngnt Amendment Act 
1984 
Statute Law 
(Miscellaneous 
ProvIsions) Act (No. 2) 
1984 
Statute Law 
( Miscellaneous 
ProvIsions) Act (No. 1) 
1985 IP/N/1/AUS/1/Add.l 
Page 233 
Copyright Act 1968 
NOTES -contlnuea 
Table of Acts-contlnuea 
Numoer Date Date ot Application. 
ana year 01 Assent commencement saVIng or 
tranSluonal 
prOVISIOns 
113.1981 24 June S. 30: 10 Aug 
1981 1981 (see Gazette 
1981. No. S158) 
Remalnoer: 24 
June 1981 
26. 1982 7 May 1982 Par1 XVIII (ss. S. 138 (2) 
136-145': 4 June 
1982 (C) 
80. 1982 22 Sapt 1982 Part LXXVII S. 280 (2) 
(5. 280): Royal ana (3) 
Assent (d) 
154.1982 31 Dec 1982 31 Dec 1982 
7. 1983 1 June 1983 Ss. 1. 2. 15 (1) S. 60 (2) 
and 24: 1 June 
1983 
Remainder. 1 July 
1983 (see s. 2 (2) 
ana Gazette 1983. 
No. S124) 
80. 1983 3 Nov 1983 S June 1984 (see 
Gazette 1984. No. 
S203) 
91.1983 22 Nov 1983 S. 3: 20 Dec 1983 S.S 
(e) 
136. 1983 22 Dec 1983 27 Aug 1985 (see 
s. 2 and Gazene 
1985. No. S322) 
43. 1984 15 June 15 June 1984 S. 7 
1984 
165.1984 25 Oct 1984 S. 3: 22 Nov 1984 Ss. 6 (1) and 
(f) 7 
65. 1985 5 June 1985 S. 3: 3 July 1985 
(g) IP/N/ 1/ AUS/1/ Add. 1 
Page 234 
Act 
Broaocastlng ana 
TeleVISIon 
(ConseQuentIal 
Amenaments) Act 1985 
COPYright Amenament Act 
1986 
Statute Law 
(Miscellaneous 
ProviSIOns) Act (No. 2) 
1986 
JUflsOiction of Courts 
(Miscellaneous 
Amenaments) Act 1987 
Broadcastmg Leglslatlon 
Amendment Act 1988 
CircuIt Layouts Act 1989 
Copyright Amenament Act 
1989 Copyright Act 7968 221 
NOTES -contJnuea 
Table of Acts-contlnuea 
Numoer Date ~ale or Aopllcatlon. 
ana year ot Assent .:::ommencement saVing or 
traIlSlllonal 
provISions 
57.1985 5 June 1985 ~ Jan 1986 S. 4 
78. 1986 24 June Ss. 14·19: 22 JUly Ss. 20 (2) 
1986 1986 ana 28 (2) 
Remamcer: 30 Apr 
1987 (see Gazetre 
1987. No. S68. p. 
6) 
168. 1986 18 Oec 1986 S. 3: (hI S. 5 (11 
23. 1987 26 May 1987 S. 3: U) S.5 
146. 1988 260ec 1988 S. 49: 1 Mar 1989 
(11) 
28. 1989 22 May 1989 Ss. 1 and 2: ROYal 
Assent 
Relllalnoer: 1 Oct 
1990 (see Gazette 
1990. No. S261) 
32. 1989 24 May 1989 Ss. 3, 5, 7, 12, 13. Ss. 25 
21,22,28 and (1 )-(3),27 
Schedule (Items 1, (2), (3) and 
4, 10, 12, 14. 19, 29 
25 and 26): 1 Oct 
1989 (see Gazette 
1989, No. S316) 
Ss. 4. 14, 16, 18, 
20,23,25,27,29 
ana Scheoule 
(items 48, 49 and 
53): 29 Jan 1990 
(see Gazette 
1990, No. S15) 
Ss. 6, 15, 19,24, 
26 (a) and 
ScheCIuIe (Items 2. 
3,6-9, 1" 13, 15. 
18,21-24.27-47 
and 50-52): 1 July 
1990 (see Gazette 
1990. No. S164) 
S. 26 (b)-(f): 2 July 
1990 (see Gazette 
1990, No. S164) 222 IP/N/l! AUS/1/ Add. 1 
Page 235 
CODyright Act 1968 
NOTES -continueo 
Table of Acts-continued 
Act Numoer Date Date of Application, 
ana year of Assent commencement saving or 
tranSItional 
prOVISions 
Ss. B·11, ~;-ana 
ScheOule (llemS 5, 
16, 17 ana 20): 1 
Dct 1990 (see 
Gazette 1990. No. 
S261) 
Rem8lnoer: Royal 
Assent 
CoPYrlgnt Amendment Act 174, 1991 25 Nov 1991 23 Oec 1991 
1991 
SpeCial Broadcasting lS0, 1991 25 Nov 1991 S. 116: 23 Dec S. 116 (2) 
Service Act 1991 1991 (I) 
Broadcasting Services 105, 1992 9 July 1992 5 Oct 1992 (see s. S.3 
(Transitional ProvIsions 2 and Gazette 
and Consequential 1992, No. GN38) 
Amendments) Act 1992 
(a) The COPYright Act '968 was amenoec:1 by secllon 3 only 01 the AdministratIVe Changes 
(Consequential ProvISionS) Act 1976, subsectJon 2 (7) of which provides as follows: 
-(7) The amenoments of eacn other Act specrtleCi In the Schedule made by thiS Act 
shall be deemed to nave come Into operabOO on 22 December 1975.-
(0) The Copyright Act 1968 was amenOed by sectJon 115 only of the Statute Law ReviSion Act 
198 " suIlsectJon 2 (1) of which orovldes as follows: 
-(1) Subject to thiS secuon, this Act shall come IntO operatIOn on the day on Which It 
receMIS the Royal Assent -
(c) The Copyright Act 1968 was amenaed by Part XVlII (sectIOnS 136-145) only of the Statute 
Law (MisCellaneous Amendments) Act (No. 1) 1982, subseCtIOn 2 (12) of whICh prOVKJeS 
as follows: 
-(12) The remainIng prOVlSlOOS of this Act shall come Into operabOO on the twenty­
eighlh day alter the oay on wnicn thiS Act recetves the Royal Assent -
(d) The Copyright Act 1968 was amended by Part LXXVII (sectron 280) only of the Statute 
Law (Miscellaneous Amenaments) Act (No. 2) 1982, subsection 2 il) of whICh prOVKJeS as 
loIlows: 
-(1) Sections " 2, 166 ana 195 and Parts Ill, VI, VII, XVI. XXXVI, XLIV, L1, LIII, L1V, 
LXI and LXXVII sIlaII come Into operation on the aay on whtd'l this Act receNeS the Royal 
Assent-
(e) The Copyright Act 1968 was amended by S8CtJon 3 only 01 Ihe Statute Law (Miscella­
neous Provisions) Act (No. 2) 1983, subseCtIOn 2 (1) of whICh provIdeS as loIlows: 
-(1) Subject to this section, thiS Act shall come Into operation on the twenty-eighlh day 
after the day on whICh It rec:entes the Royal Assent -
If) The Copyright Act 1968 was amended by sectIOn 3 only 01 the Statute Law (Miscella­
neous ProviSIonS) Act (No. 2) 1984, subSeCtIon 2 (1) 01 whtdl orOVlOeS as loIlows: 
-(1) Subject to IIlIS secbOn, thiS Act shall come Into operatIOn on the twenty-ergnlh day 
after the day on wnlCh it recetYes the Royal Assent ~ 
(Q) The Copyright Act 1968 was amended by sectIOn 3 only 01 the Statute Law (Miscella­
neous Provisions) Act (No. 1) 1985, Subsec1Ion 2 (1) 01 whtd'l prOVIdeS as follows: 
-(1) Subject to Ihis S8CbOO, thiS Act shall come Into operatIOn on tne twerny-erghth day 
after the day on whICh it recaves tne Royal Assent -
(h) The COPYright Act 1968 was amended by section 3 only 01 the Statute Law (Miscella­
neous Provisions) Act (No. 2) 1986, subSeCtion 2 (3) 01 whICh provides as follows: lP/NIl! AUS/l! Add.! 
Page 236 
Copyright Act 1968 
NOTES -contmued 
Table of Acts-contmuea 223 
"(3) The amenoments of the CODy"ght Act 1968 mace cy thiS Act shall come Into 
operation Immeolalery aner the commencement at sectIOn 3 ct the Copy"gnt Amenamenc 
Act 1986." 
Secllon 3 commencec on 30 April 1987 (see Gazette 1987, No. S68. p. 6). 
U) The CODynqnt Act 19b,; was amended by section 3 only 0: lhe JU"SQlctlon 0; Courts 
(Miscellaneous Amenaments) Act 1987. subsection 2 (2) Ot wnlCn orovloes as fOllows: 
"(2) '>e amenomems maDe by thiS ACI 10 an Act Specllleo In the ScheaUle shall come 
Inlo ooeratlon on SUCh oay as IS flxea by PrOClamation In relatIOn 10 those amenoments .• 
The oale Ilxea In pursuance of subsecllon 2 (2) was 1 Seolemoer 1987 (see Gazette 
1987, No. S217) 
(k) The COpy"gnt Act 1968 was amenaed by section 49 only 01 the Broaacastmg Legislation 
Amenament ACt 1988. su05eCuon 2 (3) of whICh provlaes as 101l0WS: 
"(3) Sections 15. 16 ana 36. suosectlon 48 (2). section 49 ana Scheaules 2. 4 ana 5 
commence on 1 MarCh 1989.· 
(I) The Copy"ght Act 1968 was amended by section 116 onry at lhe Speclsl Broaacastmg 
Act 1991. suOsectlOh 2 (1) of which provlaes as follows: 
"(1) Subleel 10 suosecllon (2). thiS Acl commences 28 oays alter the day on wnlcn II 
receives tne Royal Assent" 
Table of Amendments 
aa. = aaoea or Insened am. = amended rep. = repealed rs. = repeaiea ana substllutea 
PrOVISion aHeetea HowaHecled 
TiUe 
S.3 am. No. 32. 1989 
rep. No. 216. 1973 
S. 4 ................ ,. rs. No. 216. 1973 
S.8 ....... ". . ...... am. NO. 154. 1980; No. 42. 1981 
rs. NO. 165. 1984 
S. 8A ........ , ........ ad. No. 154. 1980 
S. 9 .................. am. No. 67. 1985 
S.10 ................. am. No. 216. 1973; No. 160. 1977; No. 154. 1980; No. 113. 
S. lOA ............... . 
S.12 
S. 14 
S. 19 
S.22 
S.27 1981; No. 154. 1982; Nos. 7 ana 136. 1983; Nos. 43 and 165. 
1984; No. 67. 1985; Nos. 78 and 168. 1986; No. 146. 1988; 
Nos. 28 and 32. 1989; Nos. 174 ana 180. 1991; No. 105. 
1992 
ad. No. 165. 1984 
am. No. 78. 1986; No. 32. 1989 
am. No. 216. 1973 
am. No. 154. 1980 
am. No. 216. 1973 
am. No. 78. 1986; No. 32.1989 
am. No. 32. 1989 
Ss. 28. 29 .............. am. No. 154. 1980 
5.31 ................. am. No. 154. 1980 
Ss. 33. 34 . . . . . . . . . . . . .. am. No. 154. 1980 
Ss. 37. 38 .............. am. No. 174. 1991 
S.39A ., .............. ad. No. 154. 1980 
5.40 am. No. 154. 1980; No. 32. 1989 
S.43 ................. am. No. 154. 1980 CODynghtAct 1968 
NOTES -contlnuea IP/N/lIAUS/1/Add,l 
Page 237 
Table of Amendments-contlnuea 
ad. = aaded or Insenea am. = amenoeo rep. = reoeaiea rs. = reoealeo ana suostllutea 
PrOVISion anectea 
S.43A ........ . 
S.44 ........ . 
S.44A ...... . 
S.47 .. 
S. 47A 
S.48 ... 
S.48A .. 
SS. 49. 50 ....... . Howanectea 
aa. No. 43, 1984 
am. No. 154.1980 
ad. No. 174, 1991 
am. No. 154. 1980; No. 80. 1983 
aa. No. 78. 1986 
am. No. 105. 1992 
rs. No. 154. 1980 
aa. No. 165. 1984 
rs. No. 154. 1980 
am. No. 165. 1984 
S.51 ............ am. No. 154. 1980 
S.51AA ............... ad. No. 32, 1989 
S.51A ................ ad. No. 154, 1980 
am. No. 78. 1986 
S.52 ................. am. No. 91,1983 
S.53 ............ . 
Dlv. SA of Part III (ss. 
53A-53C) 
S.53A ......... . 
S.538 am. No. 154. 1980 
ad. No. 154. 1980 
rep. No. 32. 1989 
aa. No. 154. 1980 
rep. No. 32. 1989 
aa. No. 154. 1980 
am. No. 165. 1984 
rep. No. 32. 1989 
S. 53C ................ ad. No. 154. 1980 
am. No. 91,1983 
rep. No. 32. 1989 
Div. 58 of Part III (5. ad. No. 154. 1980 
530) rep. No. 32. 1989 
S. 530 ................ ad. No. 154. 1980 
am. No. 165. 1984 
rep. No. 32. 1989 
S.54 
S. 55 
S. 56 
S.57 
S.58 
S. 59 am. No. 32, 1989 
am. No. 154. 1980; No. 61. 1981; No. 32.1989 
am. No. 154. 1980 
rep. No. 32. 1989 
am. No. 154. 1980 
am. No. 154. 1980 
rep. No. 32. 1989 
am. No. 154, 1980 
SS. 62. 63 . . . . . . . . . . . . .. am. No. 154. 1980 
rep. No. 32. 1989 
Ss. 64. 65 .............. am. No. 154. 1980 
Ss. 68, 69 . . . . . . . . . . . . .. am. No. 154. 1980 
S. 70 am. No. 154. 1980; No. 80. 1983 
S. 71 ................. rep. No. 32, 1989 IP/N/1/AUS/1/Add.l 
Page 238 
COP'y'(fght Act 1968 
NOTES -contlnuea 
Table ot Amendments-connnuea 
aa. = aaoeo or Inseneo am. = amenoeo rep. = repealeo rs. = repealeo ana SUOslltutea 
ProvIsion attecle<J 
Heaolng 10 DIV. a ;;1 Part 
ill 
S.74 
S. 75 
S.76 
s. 77 
Ss. 79·83 
S. 85 
S. 87 
S.91 ~ow atleclea 
.lill. No. 42. 1981 
am. No. 216. 1973; No. 42. 1981 
cs. No. 32. 1989 
am. No. 42. 1981 
rs. No. 32. 1989 
am. No. 42. 1981 
am. No. 154. 1980; No. 42. 1981 
rs. No. 32. 1989 
am. No. 154. 1980 
am. No. 154. 1980 
am. No. 154. 1980 
am. No. 160. 1977; Nos. 7 ana 136. 1983; No. 78, 1986 
rs. No. 146. 1988 
. am. No. 180. 1991 
am. No. 154. 1980 225 
SS. 92·96 
S.99 . am. No. 160. 1977; No. 154. 1980; No. 7. 1983; No. 78. 1986; 
S. 100A 
S. 101 .. 
Ss. 102. 103 .. 
Ss. 103A, 1038 
S.103C 
S.104 
S.104A 
S.105 ...... . 
5.107 
Ss. 108·110 . 
SS. '10A. 1108 
S. 11 I 
S. 112 
S. 112A 
S.113 ..... . 
Ss. 119. 120 .. 
Ss. 122·125 .. 
Heaalng to Dlv. 4 of 
Pan V No. 146. 1988; No. 180. 1991 
aa. No. 78. 1986 
am. No. 154. 1980 
am. No. 174. 1991 
ad. No. 78. 1986 
ad. No. 32. 1989 
(s. No. 154. 1980 
ad. No. 165. 1984 
am. No. 154. 1980 
am. No. 154. 1980; No. 80. 1983 
am. No. 154. 1980 
ad. No. 18. 1986 
am. No. 154. 1980; No. 32. 1989 
rs. No. 154. 1980 
am. No. 78. 1986; No. 32. 1989 
aa. No. 174. 1991 
am. No. 154. 1980 
am. No. 154. 1980 
am. No. 154. 1980 
(s. No. 78. 1986 
Ss. 127·129 ............ am. No. 154. 1980 
S. 131 ................. am. No. 154. 1980 
Heading to Div. 4A of rs. No. 23. 1987 
pan V 
Div. 4A of Pan V (Ss. 
131A.1318) ad. No. 19. 1979 226 Copyright Act 1968 
NOTES -continued IP/N/l/AUS/l/Add.l 
Page 239 
Table ot Amendments-continued 
ad. = aCiCleo or InseneCI am. = amenaeCI rep. = reoeaJeCI rs. = reoealed and SUDSUluled 
ProVISIOn atfectea 
S.131A 
S.1318 
S.131C 
S.132 ..... . 
S.133 ...... . 
S.133A 
S.134A 
S.135 ..... How atfectea 
.. ad. No. 19, 1979 
ad. No. 19, 1979 
am. No. 23, 1987 
ad. No. 23, 1987 
..... am. No. 154, 1980; No. 43, 1984; No. 78, 1986 
am. No. 154, 1980; No. 91, 1983; No. 78, 1986 
. . . . . . ad. No. 43, 1984 
am. No. 78, 1986 
ad. No. 78, 1986 
am. No. 216, 1973; No. 91, 1976; No. 19, 1979; No. 154, 1980; 
No. 80, 1982; No. 65,1985; No. 32,1989 
Part VA (ss. 135A'135Z, ad. No. 32, 1989 
135ZA) 
Ss. 135A·135Z, 135ZA .... ad. No. 32, 1989 
Part VB (ss. ad. No. 32, 1989 
1 35Z8· 1 35ZZ. 
135ZZA-135ZZH) 
Ss. 135Z8-135ZZ, ad. No. 32, 1989 
135ZZA -135ZZH 
Part VC ad. No. 32, 1989 
(ss. 135ZZJ·135ZZZ. 
135ZZZA. 135ZZZ8) 
Ss. 135ZZJ-135ZZZ. ad. No. 32, 1989 
135ZZZA, 135ZZZ8 
S. 136 
S. 138 am. No. 154, 1980; No. 26, 1982; No. 78. 1986 
am. No. 154, 1980 
rs. No. 26, 1982 
S. 140 ................ am. No. 216, 1973; No. 154, 1980 
rs. No. 26, 1982 
S. 141 ................ am. No. 154, 1980; No. 26, 1982 
S. 142 ................ am. No. 26, 1982 
S. 143 ................ rs. No. 26, 1982 
S. 144A ............... ad. No. 154, 1980 
S. 144B ............... ad. No. 154, 1980 
am. No. 26, 1982 
Ss. 146, 147 ............ am. No. 154, 1980; No. 26, 1982 
S. 148 ................ am. No. 154, 1980 
rep. No. 32, 1989 
S. 149 ................ am. No. 154, 1980 
S. 149A ............... ad. No. 154. 1980 
rs. No. 78, 1986 
am. No. 32, 1989 
Ss. 150, 151 ............ am. No. 154, 1980 
S.152 ................ am. No. 216, 1973; No. 160, 1977; No. 154, 1980; No. 7, 1983; 
No. 67, 1985; No. 78,1986; No. 146,1988; No. 180, 1991 IP/N/l/AUS/1/ Add. 1 
Page 240 
Copynght Act 1968 
NOTES -continued 
Table ot Amendments -contmued 
ad. = addeO or Inserted am. = amenoed rep. = repealed rs. = repealed ana subslllulea 
PrOVISIOn atieclecl HowaHecled 
Ss. 152A, 1528 ad. No 32, 1989 
S. 153 ...... . ....... am. No. 154. 1980 
Ss. 153A-153E ......... aa. No. 32. 1989 
Ss. 155-159 
Ss. 159A. 159B am. No. 154. 1980 
ad. No. 154, 1980 
am. No. 91,1983 
reo. No. 32, 1989 
S.161 ................ am. No. 19, 1979; No. 154. 1980 
S.163A ............... ad. No. 154, 1980 
S. 166 ................ am. No. 19, 1979; No. 154, 1980 
S. 169 ................ am. No. 216, 1973 
Ss. 172. 113 ............ am. No. 154, 1980 
S.174 ................ am. No. 154. 1980; No. 78, 1986 
Ss. 180. 181 ............ am. No. 154. 1980 
S. 182A ............... ad. No. 154. 1980 
S. 183 ................ am. No. 19, 1979; No. 154. 1980; No. 32. 1989 227 
5.184 ................ am. No. 160. 1977; No. 154. 1980; No. 7. 1983; No. 7B. 1986; 
No. 146. 1988; No. 32. 1989; No. 180. 1991 
Ss. 185-188 ............ am. No. 154. 1980 
S. 194 ................ am. No. 154, 1980 
S. 195AA .............. ad. No. 32.1989 
S. 195A ............... ad. No. 154. 1980 
am. No. 165. 1984; No. 78. 1986; No. 32. 1989 
S. 195B ............... ad. No. 32. 1989 
S. 199 am. No. 160. 1977; No. 154, 1980; No. 7. 1983; No. 78. 1986; 
No. 146, 1988; No. 180. 1991 
5.200 ................ am. No. 154. 1980; No. 32. 1989 
S. 200M .............. ad. No. 32. 1989 
S.200A ............... ad. No. 78. 1986 
rep. No. 32. 1 989 
S.201 ................ am. No. 216. 1973; No. 154. 1980 
S.202 ................ am. No. 216. 1973 
S.203A ............... ad. No. 154. 1980 
Ss. 203B. 203e 
SS. 2030. 203E ......... . 
S.203F 
S.203G am. No. 91. 1983; No. 165. 1984; No. 78. 1986; No. 32. 1989 
ad. No. 154. 1980 
am. No. 165, 1984; No. 78. 1986 
rep. No. 32, 1989 
ad. No. 154. 1980 
am. No. 165. 1984; No. 78. 1986; No. 32. 1989 
ad. No. 154. 1980 
am. No. 91. 1983; No. 165, 1984; No. 78. 1986; No. 32, 1989 
ad. No. 154. 1980 
am. No. 165. 1984; No. 78. 1986 
rep. No. 32, 1989 228 Copynght Act 1968 
NOTES -continued IP/N/l! AUS/l! Add. 1 
Page 241 
Table at Amendments-continued 
ad. = addea or Inserted am. = amenoea reo. = repealOO rs. = repealed ana suOStrtutecl 
ProVISIon attectea 
S.203H 
S.204 
S.206 
Ss. 209·216 
S.217 .... 
Ss. 219·227 
S.229 ... 
Ss. 232·241 
Ss. 244. 245 
S. 248 
Part XIA (ss. 248A· 
248V) 
SS. 248A·248V 
S. 249 How atiectOO 
aa. No. 154, 1980 
am. No. 165. 1984: No. 78, 1986, No. 32, 1989 
am. No. 154, 1980 
am. No. 216,1973: No. 61,1981 
am. No. 154, 1980 
am. No. 216,1973: No. 154, 1980 
am. No. 154, 1980 
... am. No. 154, 1980 
am. No. 154, 1980 
am. No. 154, 1980 
am. No. 154, 1980 
ad. No. 32, 1989 
aa. No. 32, 1989 
am. No. 154, 1980 
2. Sections , 0 ana , 83 -The COPYright Act 1968 was moa.fied by regUla\JOl1 2 ana ScheOuJe 1 of 
the A.C.T. Self·Government (ConseouenuaJ PrOVlSlOrlS) RegulallOnS as amenaeo. The PfOVlSIOOS 
of Scheclule 1 aopIlcatlle to the aoovemenuoneo Act quoteo below are not Incorporateo In ttliS 
repnnt 
"Subsection 10 (1) (definition ot 'the Crown' ): 
Before 'the Northern Terntory' (first occumng) Insert 'the Australlat'l Caoltal Termory and' .' 
"Paragraph 10 (3) (e): 
Before 'the Nortnern Terntory' Insert 'the Australlat'l Capital Termory ana' ." 
"Paragraph 10 (3) (n): 
(a) Before 'the Northem Termoty' (first occumng) Insert 'the Australlat'l Capital Termoty 
ana' ; 
(b) Before ·the Nortnern Terrmory' (second occumng) Insert '!he Australlat'l Capital Termory 
or' ." 
"Subsection 183 (11): 
Omit 'State or' (twICe occumng), Subslltute 'State, !he Australian CapJtaJ Temtory or' • 
These Regula\JOl1s are to be taKen 10 nave commenced on 11 May 1989. 
3. S. 149A (3)-Scheaule (Item 22) of the Copynght Amendment Act 1989 prtMdeS as follows: 
"22. Subsection 149A (3): 
Omit 'for the malung of the sound broadcast, copy, handJCaDP8(l person's copy, or 
IntellectUally hanolcaopea person's copy, as the case requires' .• 
The proposeo amenamem was mlsoescnoed and IS not Incorporated In thiS repnnL IP/N/lIAUS/lIAdd.l 
Page 242 
Published for the Al1orney-General's Depanment by the Austrahan Govornment 
Publlshmg Service 
Cl Commonwealth of Australia 1992 
The COPYflght Act 7968 permits certain reproduction and publication of this legislation. 
In particular section 182A of the Act enables a complete copy to be made by or on 
behalf of a person tor a panlcular purpose. For reproduction or publication beyond that 
permitted by the Act. prior wril1en permission must be sought from the Australian 
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Service. GPO Box 84, Canberra ACT 2601. 
P"n1eo by AulhOllly by .he Commonwvallh Governmenl Printer 