WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights RESTRICTED 
IP/N/l! AUS/l! Add.6 
1 June 1995 
(95-1442) 
Original: English/ 
anglais/ 
ingles 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENTi 
Australia 
Addendum 
This addendum reproduces the text of the Copyright (International Protection) Regulations reprinted 
as at 30 June 1992 and amending regulations No. 214 of 1993 and No. 114 of 1994, 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 REGLEMENTATIONS 
AU TITRE DE L'ARTICLE 63.2 DE L'ACCORDi 
Australie 
Addendum 
Par une communication de la Mission permanente de I' Australie en date du 5 avril 1995, I' Australie 
a notifie sa legislation sur le droit d'auteur, conformement aux dispositions du paragraphe 2 de l'article 63 de 
l' Accord sur les aspects des droits de propriete intellectuelle qui touchent au commerce. Le present addendum 
reproduit les textes de la Copyright (International Protection) Regulations (Reglementation relative a laprotection 
internationale du droit d 'auteur), republiee a la date du 30 juin 1992, et des reglements modificatifs n° 214 de 
1993 et 114 de 1994. 
Consejo de los Aspectos de los Derechos de 
Propiedad Intelectual relacionados con el Comercio 
NOTIFICACION DE LEYES Y REGLAMENTOS DE CONFORM ID AD 
CON EL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDOi 
Australia 
Addendum 
En el presente addendum se reproduce el texto del Reglamento del Derecho de Autor (Protecci6n 
Internacional), reimpresion del 30 de junio de 1992, y de los reglamentos de Modificacion N° 214 de 1993 
y N° 114 de 1994, comprendidos en la notificacion que, por medio de una comunicacion de la Mision Permanente 
australiana de fecha 5 de abril de 1995, ha hecho Australia de su legislacion en materia de derecho de autor de 
conformidad con el parrafo 2 del articulo 63 del Acuerdo sobre los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio. 
iEnglish only/Anglais seulement/Ingles solamente. IP/N/l/AUS/l/Add.6 
Page 2 
REPRINT No. 3 
COPYRIGHT (INTERNATIONAL PROTECTION) 
REGULATIONS 
Regulation In force under the Copyright Act 1968 
Reprmted as at 30 June 1992 
TABLE OF PROVISIONS 
1. Citation 
2. Commencement 
3. Interpretation 
4. Application of the Act 
4A. Application of Act to performances 
5. Term of copyright in overseas work or film not to exceed that under law 
of country of origin 
6. Copynght in certain sound recordings not to include the exclusive right to 
cause the recording to be heard in public 
7. Copyright 10 certain sound recordings not to include rights in respect of 
broadcast 
8. Copyright not to subsistin overseas editions in certain cases 
9. Application of certain provisions ot Act to certain overseas works 
10. Restriction of the application of the Act to certain classes of published 
works and subJect-matter other than works 
'OA. Application at the Act in reiatlon to broadcasts 
lOB. Application at the Act In relation to performances 
11 . Modification of apphcabon of the provisions of the Act 
12. Mochfication of application of prOVisions of the Act to sound broadcasts 
and television broadcasts 
13. Modification of application of provisions of the Act to performances 
SCHEDULE t 
Countries to which the proviSions of the Act apply 
SCHEDULE 3 
Countnes where copyrrght In a recording Includes the nght to cause the 
record 109 to be heard in pubhc or to broadcast the recording 
(PR.S. 69192)-Cat. No. 928361 4 COPYRIGHT (INTERNATIONAL PROTECTION) 
REGULATIONS 
In force under Ihe C()pyrighl ACI }Yf>8 
Citation IP/N/l/AUS/l/Add.6 
Page 3 
1. These Regulations may be cited as the Copyright (International 
Protection) Regulations.' 
Commencement 
2. These Regulations shall come into operation on the date fixed 
by Proclamation under section 2 of the Act. I 
Interpretation 
3. (1) In these Regulations, unless the contrary intention appears: 
"at a material time" means: 
(a) in relation to, or in relation to the application of the Act in 
respect of, a work or subject matter other than a work that is 
unpublished: 
(i) at the time when the work or subject-matter other 
than a work was made; or 
(ii) if the making of the work or subject-matter other 
than a work extended over a period -over a substan­
tial part of that period; and 
(b) in relation to, or in relation to the application of the Act in 
respect of, a work or subject-matter other than a work that has 
been publisheu-at the time when the work or subject-matter 
other than a work was first publi,.,hed: and 
(c) in relation to a sound broadcast or a television broadcast-the 
time when that broadcast was made; and 
(d) in relation to a performance-the time when the performance 
was given: IP/N/l/AUS/l/Add.6 
Page 4 
2 Copyright (International Protection) Regulations 
T.3 
"performance" means u performance of a k.ind referred to in para­
graph (a), (b), (c), (d) or (e) of the defintion of "performance" in 
subsection 248A (1) of the Act but does not include a performance of 
a kInd referred to in subsection 248A (2) of the Act; 
"'relevant broadcaster" means a broadcasting organisation that: 
(a) has its headquarters in the country from which the sound 
broadcast or the television broadcast, as the case may be, is 
made; and 
(b) is entitled under the law of that country to make that sound 
broadcast or that television broadcast, as the case may be; 
··simultaneously" means: 
(a) in relation to publications that took place before the date of 
commencement of these Regulations-within a period of four­
teen days; and 
(b) in any other case-within a period of thirty days; 
"the country of origin" means: 
(a) in relation to a published work or published cinematograph 
film the first publication of which took place in one country 
only, being a country that constitutes, or forms part of, the 
territory of a Country specified in Part I, Part 11 or Part III of 
Schedule I-the country so constituting or forming part of that 
territory; 
(b) in relation to a published work. or published cinematograph 
film the first publications of which took place simultaneously 
in a country that constitutes, or forms part of, the territory of a 
Country specified in Part I of Schedule 1 and in a country that 
does not constitute, or form part of, the territory of a country 
specified in Part I or Part III of that Schedule-the former 
country; 
(c) in relation to a published work or published cinematograph 
film the first publications of which took place simultaneously 
in a country that constitutes, or forms part of, the territory of a 
Country specified in Part f I of Schedule 1 and in a country 
that does not constitute, or form part of, the territory of a 
Country specified in Part I. Pan 11 or Pan III of that Sched­
ule-the former country; 
(ca) in relation to a published work or published cinematograph 
film the first publications of which look place simultaneously 
in a country that constitutes, or forms part' of, the territory of a 
country specified in Part III of Schedule 1 and in a country 
that does not constitute, or form part of, the territory of a 
country so specified-the former country; Copyright (international ProtectIon) Regulations IP/N/l/AUS/l/Add.6 
Page 5 
3 
r.3 
(d) in relation to a publisheJ work or published cinematograph 
film the first publications of which took place simultaneously 
in two or more countries each of which constitutes, or forms 
part of, the territory of a Country specified in Part I of 
ScheJule l-the country the law of which confers the shortest 
term of protection in the nature of copyright in relation to the 
work or fH m ~ 
(e) in relation to a published work or published cinematograph 
film the first publications of which took place simultaneously 
in two or more countries each of which constitutes, or forms 
part of, the territory of a Country specified in Part 11 of 
ScheJule I-the country the law of which confers the shortest 
term of protection in the nature of copyright in relation to the 
work or film; 
(f) in relation to an unpublisheJ work or in relation to a pub­
lished work the first publication of which took place only in a 
country that constitutes, or forms part of, the territory of a 
Country not specified in Part I, Part 11 or Part III of Schedule 
I-whichever of the following countries confers the longest 
term of protection in the nature of copyright in relation to the 
work or subject-matter other than a work: 
(i) a country of which the author was a national or 
citizen at a material ti me: 
(ii) a country in which the author was resiJent at a 
material time; and 
(g) in relation to an unpuolished cinematograph film or in rela­
tion to a published cinematograph film the first publication of 
which took place only in a country that constitutes, or forms 
part of, the territory of a Country not specified in Part I. Part 
11 or Part III of Schedule I-whichever of the following coun­
tries confers the longest term of protection in the nature of 
copyright in relation to the film: 
(i) a country of which the maker was a national or 
citizen at a material time; 
(ii) a country in which the maker was resident at a 
material time; 
(iii) a counlry under the law of which the maker. being a 
body corporate, was incorporated at a material time: 
(iv) a country in \\thich the recording or film was made~ 
"the Act" means the Copyright Act 1968~ 
"the International ('onvention for the ['rotection of Literary and 
Artistic Works" means the International Convention for the Protection 
of Literary and Artistic Works concluded at Berne on 9 September 
1886 or that Convention as revised from lime to time~ IP/N/l/AUS/l/Add.6 
Page 6 
4 Copyright (International Protection) Regulations 
r. J 
·'the Universal Copy.·ight Convention" means the Universal Copyright 
Convention concluded at Geneva on 6 September 1952 or that Con­
vention as revised from time to lime. 
12) A reference in these Regulations to a subject-matter other than 
a work shall he read as a reference to a sound recording, a sound 
broadcast, a television broadcast, a cinematograph film or a published 
edition of a work or works. 
(3) Without limiting the application in relation to these Regula­
tions of paragraph (a) of section 46 of the Acts Interpretation Act 
190 I· 1966, an expressiol~ used in any of these Regulations that: 
(a) is also used in a section of the Act for the purposes of which, 
or of a provision of which, that regulation is made; and 
(b) has, in that section, a defined or other specified meaning; 
hus the same meaning in that regulation. 
(4) For the purposes of these Regulations, unless the contrary 
intention appears: 
(a) the overseas Departments and Territories of France shall be 
deemed to form part of the territory of France; 
(ba) the Netherland Antilles shall be deemed to form part of tRe 
territory of the Netherlands; 
(c) the Cook Islnnds (including Niue) and the Tokelau Islands 
shall be deemed to form part of the territory of New Zealand; 
(d) the overseas Provinces of Portugal shuil be deemed to form 
part of the territory of Portugal; 
(e) the Channel Islands, the Isle of Man and the colonies of, and 
states associated with, the United Kingdom of Great Britain 
and Northern Ireland shall be deemed to form part of the 
territory of the United Kingdom of Greut Britain and North­
ern Ireland; and 
(f) the Commonwe:tlth of Puerto Rico, Guam and the Virgin 
Islands of the United Swtes of America shall be deemed to 
form part of the territory of the United States of America. 
(5) For the purposes of these Regulutions, protection in the nature 
of copyright sh<:iH be deemed to be conferred in relation to a work or 
suhject-matter other than a work under the law of a country other 
than Australia if that law confers on the person entitled to the 
protection the exclusive right to do in that country in relation to the 
work or subject-matter other than a work anyone or more of the acts 
that are comprised in the copyright in the work or subject-matter other 
than a work under the Act. Copyright (International Protection) Regulations 
AppHcation of the Act IP/N/l/AUS/l/Add.6 
Page 7 
5 
r.4 
4. (1) Subject to these Regulations, the provIsIons of the Act 
apply in relation to literary, dramatic, musical and artistic works and 
editions first published, and sound recordings and cinematograph films 
made or first published, in a country that constitutes, or forms part of, 
the territory of a Country specified in Part I, Part 11 or Part III of 
Schedule I in like manner as those provisions apply in relation to 
literary, dramatic, musical and artistic works and editions first pub­
lished, and sound recordings and cinematograph films made or first 
published, in Australia. 
(2) Subject to these Regulations, the provisions of the Act apply in 
relation to artistic works that: 
(a) are buildings situated in a country that constitutes, or forms 
part of, the territory of a Country specified in Part f, Part 11 or 
Part III of Schedule I; or 
(b) 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. 
(3) Subject to these Regulations, the provisions of the Act relating 
to works and subject-matter other than a work apply in relation to 
persons who, at a material time, are citizens or nationals of a Country 
specified in Part I, Part If or Part III of Schedule 1 in like manner as 
those provisions apply in relation to persons who, at a material time, 
are Australian citizens. 
(4) Subject to these Regulations, the provisions of the Act relating 
to works and subject-matter other than a work apply in relation to 
persons who, at a materi<Ji time, are resident in a country that con­
stitutes, or forms part of. the territory of a Country specified in Part I, 
Part If or Part III of Schedule I in like manner as those provisions 
apply in relation to persons who, at a material time, are resident in 
Australia. 
(5) Subject to these Regulations, the provisions of the Act apply in 
relation to bodies incorporated under the law of a country that 
constitutes, or forms part of, the territory of a Country specified in 
Part I, Part 11, Part III or Part IV of Schedule I in like manner as 
those provisions apply in relation to bodies incorporated under a law 
of the Commonwealth or of a State. 
(6) Subject to these Regulations, the provisions of the Act apply in 
relation to a sound broadcast or a television broadcast that has been 
made, at a material time. by a relevant broadcaster from a place in a IP/N/l/AUS/l/Add.6 
Page 8 
6 Copyright (International Protection) Regulations 
r.4'\ 
country that constitules, or forms part of, the territory of a country 
specified in Pan IV of Scheuule 1 in the same way as those provisions 
apply in relation to a sound broaJcasl or a television broadcast made 
from a place in Australia. 
Application of Act to pcrfOl"mances 
4A. (1) Subject to regulation lOB, the provisions of Part XIA of 
the Act apply to a performance given in a country that constitutes, or 
forms part of, the territory of a country specified in Part IV of 
Schedule 1 in the same way as those provisions apply to a performance 
given .in Australia. 
(2) Subject to regulation lOB, the provisions of Part XIA of the 
Act apply to persons 'who at a material time are citizens or nationals of 
a country specified in Part IV of Schedule 1 in the same way as those 
provisions apply to persons who, at a material time. are Australian 
citizens. 
(3) Subject to regulation lOB, the provisions of Part XIA of the 
Act apply to persons who at a material time are resident in a country 
that constitutes, or forms part of the territory of, a country specified in 
Part IV of Schedule 1 in the same way as those provisions apply to 
persons who, at a material time, are resident in Australia. 
(4) Subject to regulation lOB, the provisions of Part XIA of the 
Act apply to the class of performances that comprises performances 
incorporated in a sound recording if: 
(a) the maker of the sound recording of a performance is at a 
material time a citizen, a national or a resident of; or 
(b) the first recording of the performance occurred in; 
a country that constitutes, or forms part of the territory of, a country 
specified in Part IV of Schedule l. 
(5) Subject la regulation lOB, the provisions of Part XIA of the 
Act apply to the class of performances that: 
(a) comprises performances incorporated in a sound broadcast or 
a television broadcast (except performances to which 
subregulation (4) I1pplies)~ and 
(b) is made by a relevant broadcaster from a country that con­
stitutes, or forms part of the territory of, a country specified in 
Part IV of Schedule 1. Copyright (InternatIonal Protection) Regulations 
Term of copyright in overseas work or film not to exceed that under 
law of country of origin IP/N/l/AUS/l/Add.6 
Page 9 
7 
r.5 
S. Copyright subsisting in a published work or a published cine­
matograph film by reason only of the operation of these Regulations 
ceases to subsist upon the expiration of the term of the protection in 
the nature of copyright that subsists in relation to such a work or tilm 
under the law of the country of origin of the work or film. 
Copyright in certain sound recOl"dings not to include the exclusive right 
to cause the recording to be heard in public 
6. (1) Where copyright subsists in a published sound recording by 
virtue only of the operation of these Regulations, or the operation of 
these Regulations and subsection (3) of section 89 of the Act, and: 
(a) the reconJing has been published in Australia; or 
(b) a period of seven weeks has elapsed from the date of the first 
publication of the recording; 
copyright in the recording does not incluue the exclusive right to cause 
the recording to be heard in public unless: 
(c) the maker of the recording was, at the time when the record­
ing was made, a citizen or national of a country specified in 
Schedule 3; 
(u) the maker of the recording was, at that time, a person resident 
in, or a body corporate incorporated under the law of, a 
country that constitutes, or forms part of, the territory of a 
country specified in Schedule 3; or 
(e) the recording was made in a country that constitutes, or forms 
part of, the territory of a country specified in Schedule 3. 
Copyright in certain sound recordings not to include rights in respect 
of broadcast 
7. (I) Subject to subregulations (2) anu (3), where copyright 
subsists in a published sound recording by virtue only of the operation 
of these Regulations, or the operation of these Regulations and sub­
sec~ion (3) of section ~9 of the Act, and: 
(a) the recording has been published in Australia: or 
(b) a period of seven weeks has ela psed from the date of the fi rSl 
publication of the recording; 
copyright in the recording does not include the exclusive right to 
broadcast the recording unless: 
(c) the maker of the recording was, at the time when the recorJ­
ing was made, J citizen or national of J country specified in 
Schedule 3; IP/N/l/AUS/l/Add.6 
Page 10 
8 
f.8 Copyright (International Protection) Regulations 
(d) the maker of the recording was, at that time, a person resident 
in, or a body corporate incorporated under the law of, a 
country that constitutes or forms part of the territory of a 
country specified in Schedule 3; or 
(e) the recording was made in a country that constitutes, or forms 
part of, the territory of a country specified in Schedule 3. 
(2) This regulation does not apply in relation to 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 performed, in association with a dramatic 
work or has been included in a cinematograph film; and 
(c) records of the musical work have not been supplied (whether 
by sale or otherwise) to the public in Australia. 
(3) For the purposes of paragraph (c) of subregulation (2), a 
supply of records of a musical work shall be disregarded if the supply 
was done otherwise than by, or with the licence of, the owner of the 
copyright in the work. 
Copyright not to subsist in overseas editions in certain cases 
8. Where copyright subsists in a published eoition of a work or 
works by reason only of the operation of these Regulations, that 
copyright subsists only so long as protection in the nature of copyright 
subsists in relation to the edition under the law of any of the following 
countries: 
(a) a country of which the publisher of the edition was a national 
or citizen at a material time, heing a Country specified in Part 
I, Part 11 or Part III of Schedule 1; 
(b) a cou ntry: 
(i) in which the edition was first published; 
(ii) in which the publisher of the edition was resident at a 
material time~ or 
(iii) unJer the law of which the publisher of the edition, 
being a hOdy corporate, was incorporated at a ma­
terial Li me; 
being a country that constitutes, or forms part of, the territory 
of a Country specified in Part I, Part 11 or Part III of Schedule 
1. IP/N/1/AUS/1/Add.6 
Page 11 
Copyright (International Protection) Regulations 9 
r.9 
Application of cel"lain provisions of Act to certain overseas works 
9. (1) Section 89 of the Act does not apply in relation to a sound 
recording that was made before the commencement of these Regula­
tions if copyright subsists in the recording by reason only of anyone 
or more of the following: 
(a) the maker having been, at a material time, a national or citizen 
of a Country specified in Part 11 of Schedule 1 ~ 
(b) the maker having been, at a material time, a body corporate 
incorporated under the law of a country that constitutes, or 
forms part of, the territory of a Country so specified~ 
(c) the maker having been, at a material time, resident In a 
country that constitutes, or forms part of, the territory of a 
Country so specified~ 
(d) the first publication of the recording having taken place in a 
country that constitutes, or forms part of, the territory of a 
Country so specified. 
(2) Where a work was first published before the commencement of 
the Act in a country specified in Part I or Part III of Schedule 1, 
section 210 of the Act applies to the work as if, for the purpose of 
determining, for the purpose of that section, whether copyright 
subsisted in a work under the Copyright Act, 1911 immediately before 
the commencement of the Act, the work was first published in Austra­
lia. 
(3) Where, in relation to a work that was made before 1 July 1912: 
(a) the work was first published or performed in; or 
(b) the author of the work was, at a material time, a national 
citizen or resident of: 
a country specified in Part I or Pan III of Sched ule 1, Division 5 of 
Part XI of the Act applies to the work as if: 
(c) the work was first published or performed in Australia; or 
(d) the author of the work was, at a material time, an Australian 
citizen or a resident of Australia. 
Restriction of the applkation of the Act to certain classes of published 
works and subject-matter other than works 
10. (I) Notwithstanding regulation -I, copyright does not subsist in 
a published literary, dramatic, musical or artistic work, a published 
edition, a published sound recording or a published cinematograph 
film by reason of the fact that: 
(a) the work or edition was first published or the sound recording 
or cinematograph film was made or first published in a des­
ignated country; IP/N/1/AUS/l/Add.6 
Page 12 
10 Copyright (International Protection) RegulatIons 
r. lOA 
(h) the work, bei ng an artistic work that consists of a building or 
an artistic work attached to or forming pan of a building, is 
situated in a designated country: or 
(c) the author of the work, the publisher of the edition or the 
maker of the sound recording or cinematograph film is a 
citizen or national of, a person resident in. or a body cor­
porate incorporated under the laws of. a designated country; 
unless the work, edition, sound recording or cinemalograph film was 
first published on or after the Jay on which the designated country 
became a party to the Universal Copyright Convention. 
(2) For the purposes of this regulation, a reference to a designated 
country is to be read as a reference to: 
(a) a country: or 
(b) a country that constitutes, or forms part of, the territory of a 
country; 
that is specified in Part JJ of Schedule 1 and became a member of the 
Universal Copyright Convention after 1 May 1969. 
Application of the Act in relation to broadcasts 
lOA. In spite of subregulation 4 (6), copyright does not subsist in 
Australia in a sound broadcast or a television broadcast made from a 
place outside Australia before the commencement of this regulation. 
{NOTE: RegulatlOf1 lOA commenced on 1 January 1992) 
Application of the Act in relation to performances 
lOB. No rights arising unoer reguJ~tion 4A in relation to a 
performance subsist in Australia before the commencement of this 
regulation. 
(NOTE: Regulation 108 commenced on 2 January 1992.) 
Modification of application of the provisions of the Act 
11. (1) Where a person has, at any time hefore the date of 
commencement of these Regulations, taken action whereby he has 
incurred expenditure or liability in connexion with the doing of any 
act in relation [0 a work or subject-mauer other than a work (but not 
subject-matter that is a sound broadcast or a television broadcast) in Cl 
manner that at that time was lawful, or for the purpose of or with a 
view to the doing of any act in relation to a work or subject-matter 
other than a work (hut not subject-matter that is a sound broadcast or 
a television broaocast) at a time when the doing of that act would, but 
for the making of these Regulations. have heen lawful, nothing in these 
Regulations diminishes or prejudices any right or interest arising from Copyright (International Protection) Regulations IP/N/1/AUS/1/Add.6 
Page 13 
11 
r. 11 
or in connexion with that action that is subsisting and valuable imme­
diately before the date of commencement of these Regulations unless 
the person who by virtue of the operation of these Regulations has the 
exclusive right to do that act agrees to pay to the first-mentioned 
person such compensation as is reasonable in the circumstances. 
(2) Where: 
(a) an amendment of these Regulations inserts a Part in, or adds a 
Part at the end of, Schedule I or inserts the name of a country 
in, or adds the name of a country at the end of, a Part of 
Schedule 1; and 
(b) a person has, at any time before the date on which the 
amendment comes into operation, taken action whereby he has 
incurred expenditure or liability in connexion with the doing 
of any act in relation to a work or subject-matter other than a 
work (but not s,ubject-matter that is a sound broadcast or a 
television broaucast) in a manner that at that time was lawful, 
or for the purpose of or with a view to the doing of any act in 
relation to a work or subject-matter other than a work (but 
not subject-matter that is a sound broadcast or a television 
broadcast) at a time when the doing of that act would, but for 
the amendment, have been lawful; 
nothing in these Regulations diminishes or prejudices any right or 
interest arising from or in connexion with that action that is subsisting 
and valuable immediately before the date on which the amendment 
comes into operation unless the person who, by virtue of the operation 
of these Regulations upon the country being specified in that Part of 
that Sched ule, has the excl usive right to do that act agrees to pay to 
the first-mentioned person such corn pensation as is reasonable in the 
circumstances. 
(3) Where: 
(a) a Part of Schedule 1 is remade; 
(b) the name of a country is, upon the remaking of the Part, 
specified in the Part; and 
(c) the name of that country was not. immediately before the 
remaking of the Part, specified in the P~.trt; 
the remaking of that Part shall, for the purposes of the last preceding 
subregulation, be deemed to be an amendment of these Regulations 
that inserts the name of that country in that Part. IP/N/1/AUS/1/Add.6 
Page 14 
12 Copyright (International Protection) Regulations 
r.12 
Modification of application of provisions of the Aft to sound broadcasts 
and television br'oadcasts 
12. (1) If a person has. at any time hefore the commencement of 
this regulation, taken action by whi~h he or she has incurred expen­
diture or liability in connection with the doing of an act in relation to 
a sound hroadcast, or to a television broadcast, in a manner that at the 
time was lawful, or for the purpose of or with a view to the doing of 
an act in relation to a sound broadcast, or to a television broadcast, at 
a time when the doing of the (lct would, hut for the making of this 
regulation, have been lawful, nothing in these Regulations diminishes 
or prejudices any right or interest arising in connection with the action 
that is subsisting and valuable immediately before the commencement 
of this regulation unless the person who, by virtue of the operation of 
these Regulations, has the exclusive right to do the act agrees to pay 
reasonable compensation to the firsl-mentioned person. 
(2) If: 
(a) by an amendment of these Regulations the name of a country 
is included in Part IV of Schedule 1; and 
(b) a person has, at any time hefore the date on which the 
amendment comes into operation, taken action by which he or 
she has incurreo expenditure or liability in connection with 
the doing of an act in relation to a sound broadcast, or to a 
television broadcast, in a manner that at the time was lawful, 
or for the purpose of or with (\ view to the doing of an act in 
relation to a sound broadcast, or to a television broadcast, at a 
time when the doing of the act would, but for the amendment, 
have been lawful: 
nothing in these Regulations diminishes or prejudices any right or 
interest arising in connection wilh the action that is subsisting and 
valuable immeoiately before the commencement of the amendment 
unless the person who, by virtue of the country being included in Part 
IV of Schedule I, has the exclusive right to do the act agrees to pay 
reasonable compensation to the first-mentioned person. 
(3) For the purposes of subregulalion (2), if: 
(a) Part IV of Scheoule I is remade: and 
(b) on the remaking, the name of a country IS included in the 
Part; and 
(c) immeoiately before the remaking, the name of the country was 
not incluJed in the Part; 
the remaking of the Pan is wkcll to be an amendment of these 
Regulations that inserts the nalTIe of the cou nu, in Part IV. 
(NOTE: Reyulallon 12 commenced on 1 January 1992.1 Copyright (International Protection) Regulations 
Modification of application of provisions of the Act to performances IP/N/l/AUS/l/Add.6 
Page 15 
13 
r.13 
13. (1) If a person has, at any time before the commencement of 
this regulation, taken action by which he or she has incurred expen­
diture or liability in connection with the doing of an act in relation to 
a performance in a manner that at the time was lawful, or for the 
purpose of or with a view to the doing of an act in relation to a 
performance at a lime when the doing of the act would, but for the 
making of this regulation, have been lawful, nothing in these Regula­
tions diminishe~ or pre.iudices any right or interest arising in connec­
tion with the action that is subsisting and valuable immediately before 
the commencement of this regulation unless the performer of the 
performance agrees to pay reasonable compensation to the person. 
(2) If: 
(a) by an amendment of these Regulations the name of a country 
is incluued in Part IV of Schedule 1; and 
(b) a person has, at any time before the date on which the 
amendment comes into operation, taken action by which he or 
she has incurred expenditure or liability in connection with 
the doing of an act in relation to a performance in a manner 
that at the time was lawful, or for the purpose of or with a 
view to the doing of an act in relation to a performance at a 
time when the doing of the act woulu, but for the amendment, 
have been lawful: 
nothing in these Regulations diminishes or prejuuices any right or 
interest arising in connection with the action that is subsisting and 
valuable immediately before the commencement of the amendment 
unless the performer of the performance agrees to pay reasonable 
compensation to the person. 
(3) For the purposes of subregulation (2), if: 
(a) Part IV of Schedule 1 is remade; and 
(b) on the remaking, the name of a country IS included in the 
Part; and 
(c) immediately hefore the remaking, the name of the country was 
not includeu in the Part; 
the remaking of the Part is taken to be an <.imendment of these 
Regulations that inserts the name of the country in Part IV. 
[NOTE: Regulation 13 commenced on 2 January 1992.J IP/N/1/AUS/1/Add.6 
Page 16 
14 Copyright (International Protection) Regulations 
THE SCHEDULES 
SCHEDULE 1 Regulations 3, 4, 
8,9, 10 and 11 
COUNTRIES TO WHICH THE PROVISIONS OF THE ACT APPLY 
PART I 
Argentina 
Austna 
Bahamas 
Barbados 
Belgium 
Benln 
Brazil 
Bulgarta 
Burklna Faso 
Cameroon, Repuhc of 
Canada 
Central African 
Repubhc 
Chad 
Chile 
Colombia 
Congo 
Costa Rica 
Cote d'lvoire 
Cyprus 
Czechoslovakia 
Denmark 
Egypt, Arab Republic of 
Fiji 
Finland 
France 
Gabon 
Germany, Federal 
Republic of 
Greece 
Algeria 
Andorra 
Bangladesh 
Belize 
Cuba 
Democratic Kampuchea 
Dominican Republic 
Ecuador 
El Salvador GUInea 
Holy See 
Honduras 
Hungary 
Iceland 
India 
Ireland 
Israel 
Italy 
Japan 
Lebanon 
Lesotho, Kingdom of 
Liberia 
Libyan Arab Jamahlnya 
Liechtenstein 
Luxembourg 
Madagascar 
MalaYSia 
Mali 
Malta 
Mauritania 
Mauritius 
MexIco 
Monaco 
Morocco 
Netherlands 
New Zealand 
Nlger 
Norway 
PART \I 
Ghana 
Guatemala 
Haiti 
Kenya 
Korea, Republic of 
Lao People's 
Democratic Republic 
MalaWI 
Nicaragua Pakistan 
Peru 
Phlllppmes 
Poland 
Portugal 
Romania 
Rwanda 
Senegal 
South Africa 
Spain 
Sri Lanka 
Sunname 
Sweden 
Switzerland 
Thailand 
Toga 
Tnnldad and 
Tobago 
Tunisia 
Turkey 
United Kingdom of 
Great Britain and 
Northern Ireland 
United States of 
America 
Uruguay 
Venezuela 
YugoslaVia 
Zaire 
Zimbabwe 
Nlgena 
Panama 
Paraguay 
Saint Vincent and the 
Grenadlnes 
Union of Soviet 
SOCialist Republics 
Zambia IP/N/l/AUS/l/Add.6 
Page 17 
Copyright (International Protection) Regulations 15 
SCHEDULE l-continued 
PART III 
Singapore 
PART IV 
Argentina El Salvador MexIco 
Austna FIll Monaco 
Barbados Fanland Niger 
Brazil France Norway 
BuJ1(tna Faso Germany, Federal Panama 
Chile Republic of Paraguay 
Colombia Guatemala Peru 
Congo Honduras Phillpptnes 
Costa Rica Ireland Spain 
CzechosJovakla Italy Sweden 
Denmark Japan Umted Kingdom of 
DominICan Republic Lesolho, Kingdom ot Great Bntaul and 
EcuadOr LuxembOurg Northern Ireland 
Uruguay 
SCHEDULE 3 Regulations 6 and 7 
Argenttna Gualemala Paraguay 
Austna Guinea Phillppanes 
Bahamas Holy See Polana 
Bangladesh Iceland Romania 
BrazU India Spaln 
Colombia Ireland Sweden 
Costa Rica Israel Thailand 
Czechoslovakia Italy Turkey 
Denmark Japan Umon of SOVIet 
Ecuador Liechtenstetn Socialist Republics 
Fiji Mauritius United KtngdOm of 
Finland New Zealand Great Bntaan and 
Germany, Federal Norway Northern Ireland 
RepublIC ot Pakistan Uruguay IP/N/l/AUS/l/Add.6 
Page 18 
16 Copyright (International Protection) Regulations 
NOTE 
1. The COPYright (International Protection) Regulations (in force under the COPYright Act 1968) as 
shown In this reprint compnse Statutory Rules 1969 No. 60 amended as indicated in the Tables 
below. 
Year and 
number 
1969 No. 60 
65 
1974 No. 137 
1980 No. 276 
1981 No. 74 
1983 No. 127 
1984 No. 43 
1990 No. 356 
357 
1 99>1 No. 451 
452 
1992 No. 124 Table of Statutory Rules 
Date of Date of 
notification In commencement 
Gazette 
28 Apr 1969 1 May 1969 (see r. 2 
and Gazette 1969, 
p.2543) 
1 May 1969 1 May 1969 
8 Aug 1974 8 Aug 1974 
25 Se pt 1980 25 Sept 1980 
15 Apr 1981 15 Apr 1981 
5 Aug 1983 5 Aug 1983 
29 Mar 1984 29 Mar 1984 
30 Nov 1990 30 Nov 1990 
30 Nov 1990 1 Dec 1990 
19 Dec 1991 1 Jan 1992 
19 Dec 1991 2 Jan 1992 
14 May 1992 14 May 1992 
Table of Amendments Application, saving or 
transitional prOVisions 
R. 4 (2) 
ad. :;:: added or inserted am. = amended rep. = repealed rs. = repealed and substituted 
Provision affected 
R.3 
R.4 How affected 
am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991 Nos. 451 
and 452 
am. 1980 No. 276; 1990 No. 357; 1991 No. 451 
R. 4A ................. ad. 1991 No. 452 
Rr. 6, 7 . . . . . . . . . . . . . . . . am. 1969 No. 65 
rs. 1974 No. 137 
am. 1980 No. 276 
R. 7A ................. ad. 1969 No. 65 
rep. 1974 No. 137 
Rr. 8, 9 . . . . . . . . . . . . . . . . am. 1980 No. 276; 1990 No. 357 
R. 10 ................. rs. 1974 No. 137 
am. 1980 No. 276; 1991 No. 451 
A. lOA ad. 1991 No. 451 
A. 1'(}B ................ ad. 1991 No. 452 
R. 11 ................. am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991 No. 451 
A. 12 ................. ad. 1991 No. 451 
R. 13 ................. ad. 1991 No. 452 
First Schedule ........... am. 1974 No. 137 
rep. 1980 No. 276 Copyright (International Protection) Regulations 
NOTE -continued 
Table of Amendments -continued 
ad. = added or Inserted am. ::: amended rep. = repealed rs. = repealed and substituted 
ProvIsIOn affected 
Schedule 1 ...... _ . 
Second Schedule 
Heading to Third 
Schedule How affected 
ad. 1980 No. 276 
am. 1983 No. 127; 1990 Nos. 356 and 357; 1991 No. 451 
am. 1974 No. 137 
rep. 1980 No. 276 
rep. 1980 No. 276 
Heading to SChedule 3 . . -_. ad. 1980 No. 276 
Third Schedule .......... rs. 1974 No. 137 
Schedule 3 ......... _ ... rs. 1981 No. 74; 1984 No. 43 
am. 1991 No. 451 IP/N/1/AUS/l/Add.6 
Page 19 
17 IP/N/l/AUS/l/Add.6 
Page 20 
Published for the Attorney-Genera/'s Department by the Australian Government 
Publishing Service 
e Commonwealth of Australia 1992 
The Copyright Act 1968 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 for a particular purpose. For reproduction or publication beyond that 
permitted by the Act. prior written permission must be sought from the Australian 
Government Publishing Service. Inquiries and requests should be addressed to the 
Manager. Commonwealth Information Services. Australian Government Publishing 
Service, GPO Box 84, Canberra ACT 2601. 
Printed by AuthOrity by the Commonwealth Government Printer IP/N/1/AUS/1/Add.6 
Page 21 
Statutory Rules 1993 No. 2141 
Copyright (International Protection) 
Regulations2 (Amendment) 
I, THE GOVERNOR-GENERAL of the Commonwealth of 
Australia, acting with the advice of the Federal Executive Council, 
make the following Regulations under the Copyright Act 1968. 
Dated 27 July 1993. 
By His Excellency's Command. 
1. Amendment D.KERR 
Minister for Justice BILLHAYDEN 
Governor-General 
1.1 The Copyright (International Protection) Regulations are 
amended as set out in these Regulations. 
[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 
1901. s. '+8.] 
:'0245 f l,I2Rtd7) Cat. No. l,I1 Vlhll I IP/N/l/AUS/l/Add.6 
Page 22 
2 Copyright (International Protection) 1993 No. 214 
2. Schedule 1 (Countries to which the provisions of the Act 
apply) 
2.1 Part I: 
Insert in the appropriate alphabetical positions, determined on a 
letter-by-Ietter basis: 
"China, People's Republic of', "Croatia, Republic of', "Ecuador", 
"Ghana", "'Guinea- Bissau", "Kenya, Republic of', "Malawi", 
"Paraguay" ~ "Slovenia, Republic of' and "Zambia". 
2.2 Part I: 
After "Thailand", insert: 
"The Gambia~ Republic of'. 
2.3 Part 11: 
Omit "Union of Soviet Socialist Republics". 
2.4 Part IT: 
Insert in the appropriate alphabetical positions, determined on a 
letter-by-Ietter basis: 
"Boli via", "China, People' s Republic of', "Croatia, Republic of' and 
"Russian Federation". 
2.5 Part Ill: 
Before "Singapore", insert: 
"Indonesia" . 
2.6 Part IV: 
After "Germany, Federal Republic of', insert: 
"Greece" . 
NOTES 
I. Notified in the Commonwealth of Australia Gazette on 3 August 1993. 
StatutorY Rules 1969 No. 60 amended bv 1969 No. 65; 1974 No. 137; 1980 
No. 276; 1981 No. 74; 1983 No. 127: 1984 No. 43: 1990 Nos. 356 and 357; 
1991 Nos. 451 and 452; 1992 No. 124. 
Print~d by Authority by the Commonwealth Government Printer 
I III I I 
9 780644 263924 Statutory Rules 1994 No. 1141 
Copyright (International Protection) 
ReguIations2 (Amendment) IP/N/l/AUS/l/Add.6 
Page 23 
I, THE ADMINISTRA TOR of the Government of the 
Commonwealth of Australia, acting with the advice of the Federal 
Executive Council and being satisfied for the purposes of subsection 
248U (3) of the Copyright Act 1968 that, in respect of perfonnances 
that have been fixed in sound recordings, are broadcast live, or are 
transmitted live to subscribers of diffusion services, provision has 
been or will be made under the laws of the United States of America 
under which adequate protection is or will be given to performers 
whose performances are protected under that Act, make the 
following Regulations under the Copyright Act 1968. 
Dated 26 April 1994. 
By His Excellency's Command, 
53769 (l)4R 137) elL No. 1J4 4.195 t) D. KERR 
Minister for Justice P.BENNETT 
Administrator IP/N/l/AUS/l/Add.6 
Page 24 
2 Copyright (International Protection) 
1994 No. 114 
1. Amendment 
1.1 The Copyright (International Protection) Regulations are 
amended as set out in these Regulations. 
[NOTE: These Regulations commence on gazettal: see Acts interpretation Act 
1901. s. 48.J 
2. New regulation 4B 
2.1 After regulation 4A, insert: 
Additional application of Act to certain performances 
"4B. (1) In this regulation: 
'relevant country' m-eans: 
(a) the United States of America; or 
(b) Australia; or 
(c) a country that constitutes, or forms part of the territory 
of, a country specified in Part IV of Schedule 1. 
"(2) The provisions of Part XIA of the Act, in so far as they 
relate to: 
(a) sound recordings; and 
(b) sound broadcasts of live performances; and 
(c) sound transmissions of live performances to subscribers 
of diffusion services; 
apply to: 
(d) a performance by a performer who is a citizen, national 
or resident of the United States of America: 
(i) given in a relevant country; or 
CH) recorded by a citizen, national or resident of a 
relevant country; or 
(Hi) broadcast by a relevant broadcaster from a 
relevant country; or 
(iv) the first recording of \vhich occurred in a relevant 
country; and 
(e) a performance by a performer who is a citizen or 
resident of Australia: 
(i) given in the United States of America; or Copyright (International Protection) 
1994 No. 114 IP/N/l/AUS/l/Add.6 
Page 25 
3 
(ii) recorded by a citizen, national or resident of the 
United States of America; or 
(iii) broadcast by a relevant broadcaster from the 
United States of America; or 
(iv) the first recording of which occurred in the 
United States of America.". 
3. Schedule 1 (Countries to which the provisions of the Act 
apply) 
3.1 Part I: 
Omit "Czechoslovakia". 
3.2 Part I: 
Insert the following items in alphabetical order determined on a 
letter by letter basis: 
"Albania", "Bolivia", "Bosnia Herzegovina", "Czech Republic", 
"El Salvador", "Jamaica", "Namibia", "Nigeria", "Saint Lucia", 
"Slovakia", and "The former Yugoslav Republic of Macedonia". 
3.3 Part 11: 
Omit "Bolivia", "China, People's Republic of', "Croatia .. Republic 
of', "Democratic Kampuchea", "Ecuador", "El Salvador", "Ghana", 
"Kenya", "Malawi", "Nigeria", "Paraguay" and "Zambia". 
3.4 Part II: 
Insert the following items in alphabetical order determined on a 
letter by letter basis: 
"Belarus", "Cambodia", "Kazakhstan", "Tajikistan", and "Ukraine". 
3.5 Part IV: 
Omit "Czechoslovakia". 
3.6 Part IV: 
Insert the following items in alphabetical order determined on a 
letter by letter basis: 
"Bolivia", "Czech Republic", "Jamaica", "Netherlands", "Nigeria", 
"Slovakia", and "S\vitzerland". IP/N/l/ADS/l/Add.6 
Page 26 
4 Copyright (International Protection) 
1994 No. 114 
NOTES 
1. Notified in the C ommollwealth of Australia Gazette on 3 May 1994. 
2. Statutory Rules 1969 No. 60 as amended by 1969 No. 65: 1974 No. 137: 
1980 No. 276: 1981 No. 74: 1983 No. 127: 1984 No. 43: 1990 Nos. 356 and 
357: 1991 Nos. 451 and 452: 1992 No. 124; 1993 No. 214. 
Pdnt.d by Authority by the Commonwealth Govemment Te, II1 ' 11 11 
9 780644 313520 