[pic] Copyright Act 1968 Act No. 63 of 1968 as amended This compilation was prepared on 9 July 2008 taking into account amendments up to Act No. 73 of 2008 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part I-Preliminary 1 1 Short title [see Note 1] 1 2 Commencement [see Note 1] 1 4 Extension to external Territories 1 5 Exclusion of Imperial Copyright Act, 1911 1 6 Repeal of Copyright Acts 1 7 Act to bind the Crown 2 8 Copyright not to subsist except by virtue of this Act 2 8A Prerogative rights of the Crown in the nature of copyright 2 9 Operation of other laws 2 9A Application of the Criminal Code 3 Part II-Interpretation 4 10 Interpretation 4 10AA Non-infringing copy of a sound recording 23 10AB Non-infringing copy of a computer program 25 10AC Non-infringing copy of an electronic literary or music item 25 10AD Accessories to imported articles 25 10A Declarations and notices relating to certain bodies and institutions 26 11 Residence in a country not affected by temporary absence 27 12 References to Parliament 27 13 Acts comprised in copyright 27 14 Acts done in relation to substantial part of work or other subject-matter deemed to be done in relation to the whole 28 15 References to acts done with licence of owner of copyright 28 16 References to partial assignment of copyright 28 17 Statutory employment 28 18 Libraries established or conducted for profit 29 19 References to Copyright Act, 1911 29 20 Names under which work is published 29 21 Reproduction and copying of works and other subject-matter 29 22 Provisions relating to the making of a work or other subject-matter 30 23 Sound recordings and records 33 24 References to sounds and visual images embodied in an article 33 25 Provisions relating to broadcasting 33 27 Performance 34 28 Performance and communication of works or other subject- matter in the course of educational instruction 35 29 Publication 37 30 Ownership of copyright for particular purposes 39 30A Commercial rental arrangement 39 Part III-Copyright in original literary, dramatic, musical and artistic works 41 Division 1-Nature, duration and ownership of copyright in works 41 31 Nature of copyright in original works 41 32 Original works in which copyright subsists 43 33 Duration of copyright in original works 43 34 Duration of copyright in anonymous and pseudonymous works 44 35 Ownership of copyright in original works 44 Division 2-Infringement of copyright in works 47 36 Infringement by doing acts comprised in the copyright 47 37 Infringement by importation for sale or hire 47 38 Infringement by sale and other dealings 48 39 Infringement by permitting place of public entertainment to be used for performance of work 49 39A Infringing copies made on machines installed in libraries and archives 49 39B Communication by use of certain facilities 50 Division 3-Acts not constituting infringements of copyright in works 51 40 Fair dealing for purpose of research or study 51 41 Fair dealing for purpose of criticism or review 53 41A Fair dealing for purpose of parody or satire 53 42 Fair dealing for purpose of reporting news 53 43 Reproduction for purpose of judicial proceedings or professional advice 54 43A Temporary reproductions made in the course of communication 54 43B Temporary reproductions of works as part of a technical process of use 54 43C Reproducing works in books, newspapers and periodical publications in different form for private use 55 44 Inclusion of works in collections for use by places of education 57 44A Importation etc. of books 57 44B Reproduction of writing on approved label for containers for chemical product 60 44C Copyright subsisting in accessories etc. to imported articles 61 44D Import of non-infringing copy of sound recording does not infringe copyright in works recorded 61 44E Importation and sale etc. of copies of computer programs 62 44F Importation and sale etc. of copies of electronic literary or music items 62 Division 4-Acts not constituting infringements of copyright in literary, dramatic and musical works 64 45 Reading or recitation in public or for a broadcast 64 46 Performance at premises where persons reside or sleep 64 47 Reproduction for purpose of broadcasting 64 47AA Reproduction for the purpose of simulcasting 66 47A Sound broadcasts by holders of print disability radio licences 66 Division 4A-Acts not constituting infringements of copyright in computer programs 70 47AB Meaning of computer program 70 47B Reproduction for normal use or study of computer programs 70 47C Back-up copy of computer programs 71 47D Reproducing computer programs to make interoperable products 72 47E Reproducing computer programs to correct errors 73 47F Reproducing computer programs for security testing 74 47G Unauthorised use of copies or information 75 47H Agreements excluding operation of certain provisions 75 Division 4B-Acts not constituting infringements of copyright in artistic works 76 47J Reproducing photograph in different format for private use 76 Division 5-Copying of works in libraries or archives 78 48 Interpretation 78 48A Copying by Parliamentary libraries for members of Parliament 78 49 Reproducing and communicating works by libraries and archives for users 78 50 Reproducing and communicating works by libraries or archives for other libraries or archives 83 51 Reproducing and communicating unpublished works in libraries or archives 88 51AA Reproducing and communicating works in Australian Archives 89 51A Reproducing and communicating works for preservation and other purposes 90 51B Making preservation copies of significant works in key cultural institutions' collections 92 52 Publication of unpublished works kept in libraries or archives 93 53 Application of Division to illustrations accompanying articles and other works 94 Division 6-Recording of musical works 96 54 Interpretation 96 55 Conditions upon which manufacturer may make records of musical work 97 57 Provisions relating to royalty where 2 or more works are on the one record 99 59 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work 99 60 Records made partly for retail sale and partly for gratuitous disposal 101 61 Making inquiries in relation to previous records 102 64 Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records 103 Division 7-Acts not constituting infringements of copyright in artistic works 104 65 Sculptures and certain other works in public places 104 66 Buildings and models of buildings 104 67 Incidental filming or televising of artistic works 104 68 Publication of artistic works 104 70 Reproduction for purpose of including work in television broadcast 105 72 Reproduction of part of work in later work 106 73 Reconstruction of buildings 106 Division 8-Designs 107 74 Corresponding design 107 75 Copyright protection where corresponding design registered 107 76 False registration of industrial designs under the Designs Act 2003 107 77 Application of artistic works as industrial designs without registration of the designs 108 77A Certain reproductions of an artistic work do not infringe copyright 110 Division 9-Works of joint authorship 112 78 References to all of joint authors 112 79 References to any one or more of joint authors 112 80 References to whichever of joint authors died last 112 81 Works of joint authorship published under pseudonyms 112 82 Copyright to subsist in joint works without regard to any author who is an unqualified person 113 83 Inclusion of joint works in collections for use in places of education 113 Part IV-Copyright in subject-matter other than works 114 Division 1-Preliminary 114 84 Definitions 114 Division 2-Nature of copyright in subject-matter other than works 116 85 Nature of copyright in sound recordings 116 86 Nature of copyright in cinematograph films 116 87 Nature of copyright in television broadcasts and sound broadcasts 117 88 Nature of copyright in published editions of works 117 Division 3-Subject-matter, other than works, in which copyright subsists 118 89 Sound recordings in which copyright subsists 118 90 Cinematograph films in which copyright subsists 118 91 Television broadcasts and sound broadcasts in which copyright subsists 118 92 Published editions of works in which copyright subsists 119 Division 4-Duration of copyright in subject-matter other than works 120 93 Duration of copyright in sound recordings 120 94 Duration of copyright in cinematograph films 120 95 Duration of copyright in television broadcasts and sound broadcasts 120 96 Duration of copyright in published editions of works 121 Division 5-Ownership of copyright in subject-matter other than works 122 Subdivision A-Ownership of copyright in subject-matter other than works 122 97 Ownership of copyright in sound recordings 122 98 Ownership of copyright in cinematograph films 122 99 Ownership of copyright in television broadcasts and sound broadcasts 123 100 Ownership of copyright in published editions of works 124 Subdivision B-Specific provisions relating to the ownership of copyright in pre-commencement sound recordings of live performances 124 100AA Application 124 100AB Definitions 124 100AC Application of sections 100AD and 100AE 124 100AD Makers of pre-commencement sound recordings of live performances 125 100AE Ownership of pre-commencement copyright in sound recordings of live performances 125 100AF Former owners may continue to do any act in relation to the copyright 126 100AG Actions by new owners of copyright 127 100AH References to the owner of the copyright in a sound recording 127 Division 6-Infringement of copyright in subject-matter other than works 129 100A Interpretation 129 101 Infringement by doing acts comprised in copyright 129 102 Infringement by importation for sale or hire 130 103 Infringement by sale and other dealings 130 103A Fair dealing for purpose of criticism or review 131 103AA Fair dealing for purpose of parody or satire 131 103B Fair dealing for purpose of reporting news 131 103C Fair dealing for purpose of research or study 132 104 Acts done for purposes of judicial proceeding 132 104A Acts done by Parliamentary libraries for members of Parliament 133 104B Infringing copies made on machines installed in libraries and archives 133 105 Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast 133 106 Causing sound recording to be heard at guest house or club 134 107 Making of a copy of the sound recording for purpose of broadcasting 134 108 Copyright in published recording not infringed by public performance if equitable remuneration paid 136 109 Copyright in published sound recording not infringed by broadcast in certain circumstances 137 109A Copying sound recordings for private and domestic use 138 110 Provisions relating to cinematograph films 139 110AA Copying cinematograph film in different format for private use 140 110A Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives 141 110B Copying and communicating sound recordings and cinematograph films for preservation and other purposes 142 110BA Making preservation copies of significant recordings and films in key cultural institutions' collections 144 110C Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting 146 111 Recording broadcasts for replaying at more convenient time 146 111A Temporary copy made in the course of communication 147 111B Temporary copy of subject-matter as part of a technical process of use 148 112 Reproductions of editions of work 148 112A Importation and sale etc. of books 149 112AA Making preservation copies of significant published editions in key cultural institutions' collections 152 112B Reproduction of writing on approved label for containers for chemical product 153 112C Copyright subsisting in accessories etc. to imported articles 153 112D Import of non-infringing copy of a sound recording does not infringe copyright in the sound recording 154 112DA Importation and sale etc. of copies of electronic literary or music items 155 112E Communication by use of certain facilities 155 Division 7-Miscellaneous 157 113 Copyrights to subsist independently 157 113A Agents may act on behalf of groups of performers 157 113B Consent to the use of a sound recording of a live performance 157 113C Use of published sound recordings when owners cannot be found etc. 158 Part V-Remedies and offences 159 Division 1-Preliminary 159 114 Interpretation 159 Division 2-Actions by owner of copyright 160 115 Actions for infringement 160 116 Rights of owner of copyright in respect of infringing copies 162 116AAA Compensation for acquisition of property 163 Division 2AA-Limitation on remedies available against carriage service providers 165 Subdivision A-Preliminary 165 116AA Purpose of this Division 165 116AB Definitions 165 Subdivision B-Relevant activities 166 116AC Category A activity 166 116AD Category B activity 166 116AE Category C activity 166 116AF Category D activity 166 Subdivision C-Limitations on remedies 167 116AG Limitations on remedies 167 Subdivision D-Conditions 168 116AH Conditions 168 116AI Evidence of compliance with conditions 172 Subdivision E-Regulations 172 116AJ Regulations 172 Division 2A-Actions in relation to technological protection measures and electronic rights management information 173 Subdivision A-Technological protection measures 173 116AK Definitions 173 116AL Interaction of this Subdivision with Part VAA 173 116AM Geographical application 173 116AN Circumventing an access control technological protection measure 173 116AO Manufacturing etc. a circumvention device for a technological protection measure 177 116AP Providing etc. a circumvention service for a technological protection measure 180 116AQ Remedies in actions under this Subdivision 183 Subdivision B-Electronic rights management information 184 116B Removal or alteration of electronic rights management information 184 116C Distribution to the public etc. of works whose electronic rights management information has been removed or altered 185 116CA Distribution and importation of electronic rights management information that has been removed or altered 186 116CB Exception relating to national security and law enforcement 187 116D Remedies in actions under this Subdivision 187 Division 3-Proceedings where copyright is subject to exclusive licence 188 117 Interpretation 188 118 Application 188 119 Rights of exclusive licensee 188 120 Joinder of owner or exclusive licensee as a party 189 121 Defences available against exclusive licensee 189 122 Assessment of damages where exclusive licence granted 189 123 Apportionment of profits between owner and exclusive licensee 190 124 Separate actions in relation to the same infringement 190 125 Liability for costs 191 Division 4-Proof of facts in civil actions 192 126 Presumptions as to subsistence and ownership of copyright 192 126A Presumptions relating to subsistence of copyright 192 126B Presumptions relating to ownership of copyright 193 127 Presumptions in relation to authorship of work 194 128 Presumptions in relation to publisher of work 195 129 Presumptions where author has died 196 129A Presumptions relating to computer programs 196 130 Presumptions relating to sound recordings 197 130A Acts relating to imported copies of sound recordings 198 130B Acts relating to imported copies of computer programs 198 130C Acts relating to imported copies of electronic literary or music items 199 131 Presumptions relating to films 199 Division 4A-Jurisdiction and appeals 201 131A Exercise of jurisdiction 201 131B Appeals 201 131C Jurisdiction of Federal Court of Australia 201 131D Jurisdiction of Federal Magistrates Court 201 Division 5-Offences and summary proceedings 202 Subdivision A-Preliminary 202 132AA Definitions 202 132AB Geographical application 202 Subdivision B-Substantial infringement on a commercial scale 203 132AC Commercial-scale infringement prejudicing copyright owner 203 Subdivision C-Infringing copies 205 132AD Making infringing copy commercially 205 132AE Selling or hiring out infringing copy 206 132AF Offering infringing copy for sale or hire 207 132AG Exhibiting infringing copy in public commercially 209 132AH Importing infringing copy commercially 211 132AI Distributing infringing copy 214 132AJ Possessing infringing copy for commerce 216 132AK Aggravated offence-work etc. converted to digital form 218 132AL Making or possessing device for making infringing copy 219 132AM Advertising supply of infringing copy 221 Subdivision D-Airing of works, sound recordings and films 221 132AN Causing work to be performed publicly 221 132AO Causing recording or film to be heard or seen in public 222 Subdivision E-Technological protection measures 223 132APA Definitions 223 132APB Interaction of this Subdivision with Part VAA 223 132APC Circumventing an access control technological protection measure 224 132APD Manufacturing etc. a circumvention device for a technological protection measure 228 132APE Providing etc. a circumvention service for a technological protection measure 231 Subdivision F-Electronic rights management information 235 132AQ Removing or altering electronic rights management information 235 132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information 237 132AS Distributing or importing electronic rights management information 239 132AT Defences 242 Subdivision G-Evidence 243 132AU Prosecution to prove profit 243 132A Presumptions in relation to subsistence and ownership of copyright 243 132AAA Presumptions relating to computer programs 244 132B Presumptions relating to sound recordings 245 132C Presumptions relating to films 246 Subdivision H-Extra court orders 247 133 Destruction or delivery up of infringing copies etc. 247 Subdivision I-Procedure and jurisdiction 247 133A Courts in which offences may be prosecuted 247 133B Infringement notices 248 Division 6-Miscellaneous 249 134 Limitation of actions in respect of infringement of copyright 249 134A Affidavit evidence 249 Division 7-Seizure of imported copies of copyright material 251 134B Interpretation 251 135 Restriction of importation of copies of works etc. 252 135AA Decision not to seize unless expenses are covered 254 135AB Secure storage of seized copies 254 135AC Notice of seizure 254 135AD Inspection, release etc. of seized copies 256 135AE Forfeiture of seized copies by consent 257 135AF Compulsory release of seized copies to the importer 257 135AG Provision relating to actions for infringement of copyright 258 135AH Retention of control of seized copies 259 135AI Disposal of seized copies ordered to be forfeited 259 135AJ Failure to meet Commonwealth's expenses of seizure 259 135AK Immunity of the Commonwealth 260 Part VAA-Unauthorised access to encoded broadcasts 261 Division 1-Preliminary 261 135AL Definitions 261 135AM Counterclaim 262 135AN This Part does not apply to law enforcement activity etc. 262 Division 2-Actions 263 Subdivision A-Actions relating to unauthorised decoders 263 135AOA Making or dealing with unauthorised decoder 263 Subdivision B-Actions relating to decoders for subscription broadcasts 264 135AOB Making decoder available online 264 Subdivision C-Actions for unauthorised access to encoded broadcasts 265 135AOC Causing unauthorised access 265 135AOD Unauthorised commercial use of subscription broadcast 266 Subdivision D-Court orders 267 135AOE Relief 267 135AOF Destruction of decoder 267 Subdivision E-Jurisdiction and appeals 267 135AP Exercise of jurisdiction 267 135AQ Appeals 267 135AR Jurisdiction of Federal Court of Australia 268 135AS Jurisdiction of Federal Magistrates Court 268 Division 3-Offences 269 Subdivision A-Offences 269 135ASA Making unauthorised decoder 269 135ASB Selling or hiring unauthorised decoder 269 135ASC Offering unauthorised decoder for sale or hire 269 135ASD Commercially exhibiting unauthorised decoder in public 270 135ASE Importing unauthorised decoder commercially 271 135ASF Distributing unauthorised decoder 271 135ASG Making unauthorised decoder available online 272 135ASH Making decoder available online for subscription broadcast 272 135ASI Unauthorised access to subscription broadcast etc. 273 135ASJ Causing unauthorised access to encoded broadcast etc. 274 Subdivision B-Prosecutions 275 135ATA Courts in which offences may be prosecuted 275 Subdivision C-Further orders by court 276 135AU Destruction etc. of unauthorised decoders 276 Part VA-Copying and communication of broadcasts by educational and other institutions 277 Division 1-Preliminary 277 135A Interpretation 277 135B Copies and communications of broadcasts 278 135C Extended operation of this Part 278 135D Operation of collecting society rules 279 Division 2-Copying and communication of broadcasts 280 135E Copying and communication of broadcasts by educational institutions etc. 280 135F Making and communication of preview copies 281 135G Remuneration notices 283 135H Records notices 284 135J Sampling notices 285 135JAA Determination of questions relating to this Division or the collecting society's rules 288 135JA Agreed notice 288 135K Marking and record keeping requirements 290 135KA Notice requirements in respect of communications 291 135L Inspection of records etc. 292 135M Revocation of remuneration notice 293 135N Request for payment of equitable remuneration 293 Division 3-The collecting society 294 135P Declaration of the collecting society 294 135Q Revocation of declaration 295 135R Annual report and accounts 296 135S Amendment of rules 296 135SA Applying to Tribunal for review of distribution arrangement 297 Division 4-Interim copying 298 135T Appointment of notice holder 298 135U Copying before declaration of collecting society 298 135V Preview copies 299 135W Notices by administering bodies 299 135X Marking and record keeping requirements 300 135Y Effect of declaration of collecting society 300 Division 5-Miscellaneous 301 135Z Relevant right holder may authorise copying etc. 301 135ZA Copyright not to vest in copier 301 Part VB-Reproducing and communicating works etc. by educational and other institutions 302 Division 1-Preliminary 302 135ZB Interpretation 302 135ZC Eligible items and photographic versions 303 135ZE Part does not apply to computer programs 304 135ZF Operation of collecting society rules 304 135ZFA Licensed communications 304 Division 2-Reproduction by educational institutions of works that are in hardcopy form 305 135ZGA Application of Division 305 135ZG Multiple reproduction of insubstantial parts of works that are in hardcopy form 305 135ZH Copying of printed published editions by educational institutions 306 135ZJ Multiple reproduction of printed periodical articles by educational institutions 306 135ZK Multiple reproduction of works published in printed anthologies 307 135ZL Multiple reproduction of works that are in hardcopy form by educational institutions 307 135ZM Application of Division to certain illustrations that are in hardcopy form 308 Division 2A-Reproduction and communication of works that are in electronic form 310 135ZMA Application of Division 310 135ZMB Multiple reproduction and communication of insubstantial parts of works that are in electronic form 310 135ZMC Multiple reproduction and communication of periodical articles that are in electronic form by education institutions 312 135ZMD Multiple reproduction and communication of works that are in electronic form by educational institutions 312 135ZMDAReproduction and communication of works from electronic anthologies by educational institutions 313 135ZME Application of Division to certain illustrations in electronic form 314 Division 3-Reproduction and communication of works by institutions assisting persons with a print disability 316 135ZN Copying published editions by institutions assisting persons with a print disability 316 135ZP Multiple reproduction and communication of works by institutions assisting persons with a print disability 316 135ZQ Making of relevant reproductions and relevant communications by institutions assisting persons with a print disability 318 Division 4-Reproduction and communication of works etc. by institutions assisting persons with an intellectual disability 321 135ZR Copying of published editions by institutions assisting persons with an intellectual disability 321 135ZS Copying and communication of eligible items by institutions assisting persons with an intellectual disability 321 135ZT Making of copies etc. for use in making copies or communications for a person with an intellectual disability 322 Division 5-Equitable remuneration 324 135ZU Remuneration notices 324 135ZV Records notices 324 135ZW Sampling notices 325 135ZWAADetermination of questions relating to this Part or a collecting society's rules 326 135ZWA Electronic use notices 327 135ZX Records notices and sampling notices: marking and record- keeping requirements 329 135ZXA Electronic use notices: notice requirements etc. 330 135ZY Inspection of records etc. 331 135ZZ Revocation of remuneration notice 332 135ZZA Request for payment of equitable remuneration 332 Division 6-Collecting societies 334 135ZZB Collecting societies 334 135ZZC Revocation of declaration 336 135ZZD Annual report and accounts 336 135ZZE Amendment of rules 337 135ZZEAApplying to Tribunal for review of distribution arrangement 337 Division 7-Miscellaneous 338 135ZZF Rights of copyright owners 338 135ZZG Copyright not to vest in copier 338 135ZZH Unauthorised use of copies 339 Part VC-Retransmission of free-to-air broadcasts 340 Division 1-Preliminary 340 135ZZI Definitions 340 135ZZJ Operation of collecting society rules 341 135ZZJAApplication of Part 341 Division 2-Retransmission of free-to-air broadcasts 342 135ZZK Retransmission of free-to-air broadcasts 342 135ZZL Remuneration notices 342 135ZZM Amount of equitable remuneration 343 135ZZN Record system 343 135ZZP Inspection of records etc. 344 135ZZQ Identity cards 345 135ZZR Revocation of remuneration notice 345 135ZZS Request for payment of equitable remuneration 346 Division 3-Collecting societies 347 135ZZT Collecting societies 347 135ZZU Revocation of declaration 349 135ZZV Annual report and accounts 349 135ZZW Amendment of rules 350 135ZZWAApplying to Tribunal for review of distribution arrangement 350 Division 4-Interim retransmissions 351 135ZZX Appointment of notice holder 351 135ZZY Retransmitting before declaration of collecting society 351 135ZZZ Notices by retransmitters 351 135ZZZARecord keeping requirements 352 135ZZZBEffect of declaration of collecting society 352 Division 5-Miscellaneous 354 135ZZZCRelevant copyright owner may authorise retransmitting 354 135ZZZDCopyright not to vest under this Part 354 135ZZZELicence to retransmit does not authorise copyright infringements 354 Part VI-Copyright Tribunal of Australia 355 Division 1-Preliminary 355 136 Interpretation 355 137 Cases to which licence schemes apply 357 Division 2-Constitution of the Tribunal 358 138 Constitution of Tribunal 358 139 Appointment of members of Tribunal 358 140 Qualifications of members 358 141 Tenure of office 359 141A Seniority of Deputy Presidents 359 142 Acting President 359 143 Remuneration and allowances 360 144 Oath or affirmation of office 360 144A Disclosure of interests by members 360 144B Removal from office for failure to disclose interest 361 145 Resignation 361 146 Sittings of the Tribunal 361 147 President to arrange business of Tribunal 362 Division 3-Applications and references to the Tribunal 363 Subdivision A-Preliminary 363 148 Interpretation 363 Subdivision B-Applications relating to Parts III and IV 363 149 Applications to Tribunal for determination of remuneration payable for making recording or film of a work 363 149A Applications to Tribunal under section 47A 363 150 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording 364 151 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording 364 152 Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings 365 152A Applications to Tribunal for determination of amount of royalty payable for recording musical works 371 152B Applications to Tribunal for determination of manner of paying royalty 372 153 Applications to Tribunal for apportionment of royalty in respect of a record 373 Subdivision C-Applications and references relating to Part VA 373 153A Applications to Tribunal under section 135H, subsection 135J(1) or subsection 135JA(1) 373 153B Applications to Tribunal under subsection 135J(3) 374 153BAAAApplication to the Tribunal under subsection 135JAA(2) 375 153BA Application to the Tribunal under subsection 135JA(3) 375 153BAA Application to the Tribunal under subsection 135K(2A) 375 153BAB References relating to declaration of collecting society 376 153BAC References relating to revocation of declaration of collecting society 377 153BAD Review of collecting society's distribution arrangement 377 Subdivision D-Applications and references relating to Part VB 378 153BB Application to the Tribunal under subsection 135ZME(3) 378 153C Applications to the Tribunal under section 135ZV or subsection 135ZW(1) or 135ZWA(1) 379 153D Applications to Tribunal under subsection 135ZW(3) 379 153DAA Application to the Tribunal under subsection 135ZWAA(2) 380 153DA Applications to the Tribunal under subsection 135ZWA(2) 380 153DB Application to the Tribunal under subsection 135ZX(2A) 381 153DC References relating to declaration of collecting society 381 153DD References relating to revocation of declaration of collecting society 382 153DE Review of collecting society's distribution arrangement 383 Subdivision E-Applications relating to Part VII 383 153E Applications to Tribunal under subsection 183(5) 383 153F Applications to Tribunal to declare collecting society for government copies 384 153G Applications to Tribunal to revoke a declaration of a collecting society 385 153H Time limit for deciding applications under section 153F or 153G 387 153J Amendment and revocation of a declaration on the declaration of another collecting society 387 153K Applications to Tribunal for method of working out payment for government copies 388 153KA Review of collecting society's distribution arrangement 388 Subdivision F-Applications relating to declarations of institutions 389 153L Applications to Tribunal for review of declarations of certain educational institutions 389 Subdivision G-Applications and references relating to Part VC 390 153M Applications to the Tribunal under subsection 135ZZM(1) 390 153N Applications to Tribunal under subsection 135ZZN(3) 391 153P References relating to declaration of collecting society 391 153Q References relating to revocation of declaration of collecting society 392 153R Review of collecting society's distribution arrangement 392 Subdivision H-References and applications relating to licences and licence schemes 393 154 Reference of proposed licence schemes to Tribunal 393 155 Reference of existing licence schemes to Tribunal 395 156 Further reference of licence schemes to Tribunal 396 157 Application to Tribunal in relation to licences 398 157A Tribunal must have regard to ACCC guidelines on request 401 157B Tribunal may make ACCC party to reference or application 401 158 Effect of licence scheme being continued in operation pending order of the Tribunal 402 159 Effect of order of Tribunal in relation to licences 403 Subdivision I-General provisions 405 160 Interim orders 405 161 Reference of questions of law to Federal Court of Australia 406 162 Agreements or awards not affected 407 Division 4-Procedure and evidence 408 163 Proceedings to be in public except in special circumstances 408 163A Application may be made to Tribunal by the agent of the copyright owner 408 164 Procedure 408 165 Mistakes or errors in orders of the Tribunal 409 166 Regulations as to procedure 409 167 Power to take evidence on oath 410 168 Evidence in form of written statement 410 169 Representation 410 Division 4A-Alternative dispute resolution processes 411 169A Referral of proceeding for alternative dispute resolution process 411 169B Directions by President or Deputy President 412 169C Agreement about the terms of a decision etc. 412 169D Evidence not admissible 413 169E Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal 414 169F Participation by telephone etc. 414 169G Engagement of persons to conduct alternative dispute resolution processes 414 Division 5-Miscellaneous 416 170 Registrar 416 170A Other staff of the Tribunal 417 171 Protecting persons connected with Tribunal proceedings 417 172 Offences by witnesses 418 173 Offences relating to the Tribunal 419 174 Costs of proceedings 421 175 Proof of orders of Tribunal 421 Part VII-The Crown 422 Division 1-Crown copyright 422 176 Crown copyright in original works made under direction of Crown 422 177 Crown copyright in original works first published in Australia under direction of Crown 422 178 Crown copyright in recordings and films made under direction of Crown 422 179 Provisions relating to ownership of copyright may be modified by agreement 423 180 Duration of Crown copyright in original works 423 181 Duration of Crown copyright in recordings and films 424 182 Application of Parts III and IV to copyright subsisting by virtue of this Part 424 182A Copyright in statutory instruments and judgments etc. 424 Division 2-Use of copyright material for the Crown 426 182B Definitions 426 182C Relevant collecting society 426 183 Use of copyright material for the services of the Crown 427 183A Special arrangements for copying for services of government 428 183B Payment and recovery of equitable remuneration payable for government copies 429 183C Powers of collecting society to carry out sampling 430 183D Annual report and accounts of collecting society 431 183E Alteration of rules of collecting society 432 183F Applying to Tribunal for review of distribution arrangement 432 Part VIII-Extension or restriction of operation of Act 433 184 Application of Act to countries other than Australia 433 185 Denial of copyright to citizens of countries not giving adequate protection to Australian works 435 186 Application of Act to international organizations 436 187 Original works made or first published by international organizations 436 188 Subject-matter, other than original works, made or first published by international organizations 437 Part IX-Moral rights of performers and of authors of literary, dramatic, musical or artistic works and cinematograph films 439 Division 1-Preliminary 439 189 Definitions 439 190 Moral rights conferred on individuals 443 191 Director, producer and screenwriter of cinematograph film 443 191A Staging a performance 444 191B Conductor to be treated as a performer 444 192 Rights to be additional to other rights 445 Division 2-Right of attribution of authorship 446 193 Author's right of attribution of authorship 446 194 Acts giving rise to right of attribution of authorship 446 195 Nature of the identification of author 447 195AA Identification of author to be clear and reasonably prominent 447 195AB What is a reasonably prominent identification 447 Division 2A-Right of attribution of performership 448 195ABA Performer's right of attribution of performership 448 195ABB Acts giving rise to right of attribution of performership 448 195ABC Nature of the identification of performer 448 195ABD Identification of performer to be clear and reasonably prominent or audible 449 195ABE What is a reasonably prominent identification 449 Division 3-Right not to have authorship of a work falsely attributed 450 195AC Author's right not to have authorship falsely attributed 450 195AD Acts of false attribution of authorship of a literary, dramatic or musical work 450 195AE Acts of false attribution of authorship of artistic work 451 195AF Acts of false attribution of authorship of cinematograph film 451 195AG Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work 452 195AH Act of false attribution of authorship of altered cinematograph film 452 Division 3A-Right not to have performership falsely attributed 453 195AHA Performer's right not to have performership falsely attributed 453 195AHB Acts of false attribution of performership 453 195AHC Act of false attribution of performership of altered recorded performance 455 Division 4-Right of integrity of authorship of a work 456 195AI Author's right of integrity of authorship 456 195AJ Derogatory treatment of literary, dramatic or musical work 456 195AK Derogatory treatment of artistic work 456 195AL Derogatory treatment of cinematograph film 457 Division 4A-Right of integrity of performership 458 195ALA Performer's right of integrity of performership 458 195ALB Derogatory treatment of performance 458 Division 5-Duration and exercise of moral rights 459 Subdivision A-Duration and exercise of moral rights of authors 459 195AM Duration of author's moral rights 459 195AN Exercise of author's moral rights 459 Subdivision B-Duration and exercise of moral rights of performers 460 195ANA Duration of performer's moral rights for recorded performances 460 195ANB Exercise of performer's moral rights 460 Division 6-Infringement of moral rights 462 Subdivision A-Infringement of moral rights of authors 462 195AO Infringement of right of attribution of authorship 462 195AP Infringement of right not to have authorship falsely attributed 462 195AQ Infringement of right of integrity of authorship 462 195AR No infringement of right of attribution of authorship if it was reasonable not to identify the author 463 195AS No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable 465 195AT Certain treatment of works not to constitute an infringement of the author's right of integrity of authorship 466 195AU Infringement by importation for sale or other dealing 470 195AV Infringement by sale and other dealings 470 195AVA Matters to be taken into account 470 195AVB Communication by use of certain facilities 471 195AW Author's consent to act or omission-films or works in films 471 195AWAAuthor's consent to act or omission-work that is not a film or included in a film 472 195AWBConsent invalidated by duress or false or misleading statements 473 195AX Acts or omissions outside Australia 473 Subdivision B-Infringement of moral rights of performers 474 195AXA Infringement of right of attribution of performership 474 195AXB Infringement of right not to have performership falsely attributed 474 195AXC Infringement of right of integrity of performership 474 195AXD No infringement of right of attribution of performership if it was reasonable not to identify the performer 475 195AXE No infringement of right of integrity of performership if derogatory treatment or other action was reasonable 475 195AXF Infringement by importation for sale or other dealing 477 195AXG Infringement by sale and other dealings 477 195AXH Matters to be taken into account 477 195AXI Communication by use of certain facilities 478 195AXJ Performer's consent to act or omission 478 195AXK Consent invalidated by duress or false or misleading statements 479 195AXL Acts or omissions outside Australia 479 Division 7-Remedies for infringements of moral rights 480 Subdivision A-Remedies for infringement of moral rights of authors 480 195AY Definition etc. 480 195AZ Actions for infringement of author's moral rights 480 195AZA Remedies for infringements of author's moral rights 480 195AZD Presumption as to subsistence of copyright 482 195AZE Presumption as to subsistence of author's moral rights 482 195AZF Presumptions in relation to authorship of work 483 195AZG Other presumptions in relation to literary, dramatic, musical or artistic work 483 Subdivision B-Remedies for infringement of moral rights of performers 483 195AZGADefinition etc. 483 195AZGBActions for infringement of performer's moral rights 483 195AZGCRemedies for infringements of performer's moral rights 484 195AZGDPresumption as to subsistence of copyright 485 195AZGEPresumption as to subsistence of performer's moral rights 485 195AZGFPresumptions in relation to performership 485 Subdivision C-Miscellaneous 486 195AZGGSaving of other rights and remedies 486 195AZGHJurisdiction of courts 486 Division 8-Miscellaneous 487 Subdivision A-Miscellaneous provisions about moral rights of authors 487 195AZH Parts of works 487 195AZI Works of joint authorship 487 195AZJ Cinematograph films that have more than one principal director 487 195AZK Cinematograph films that have more than one principal producer 488 195AZL Cinematograph films that have more than one principal screenwriter 488 195AZM Application-right of attribution of authorship 489 195AZN Application-right not to have authorship falsely attributed 489 195AZO Application-right of integrity of authorship 490 Subdivision B-Miscellaneous provisions about moral rights of performers 490 195AZP Parts of performances 490 195AZQ Performances that have more than one performer 490 195AZR Application 491 Part X-Miscellaneous 492 195A Interpretation 492 195B Review of certain decisions 493 196 Assignments and licences in respect of copyright 494 197 Prospective ownership of copyright 495 198 Copyright to pass under will with unpublished work 495 198A Non-infringement of trade mark in relation to the importation of copyright material 495 199 Reception of broadcasts 496 200 Use of works and broadcasts for educational purposes 497 200AAA Proxy web caching by educational institutions 498 200AA Use of broadcasts by institutions assisting persons with an intellectual disability 499 200AB Use of works and other subject-matter for certain purposes 499 201 Delivery of library material to the National Library 502 202 Groundless threats of legal proceedings in relation to copyright infringement 503 202A Groundless threats of legal proceedings in relation to technological protection measures 504 203 Limitation on power of courts to grant relief in proceedings under this Act 505 203A Offence-failing to keep declarations relating to copying in library or archives 505 203D Offence-not arranging declarations chronologically 506 203E Inspection of records and declarations retained by libraries, archives or institutions 507 203F False and misleading declarations 509 203G Offence-disposing of or destroying certain declarations 509 203H Notation of certain copies etc. 510 Part XI-Transitional 513 Division 1-Preliminary 513 204 Interpretation 513 205 References to making of works, recordings and films 514 206 References in other laws or instruments to copyright 514 207 Application 515 208 Authorship of photographs 515 209 Publication 515 Division 2-Original works 517 210 Expired copyright not to revive 517 211 Original works in which copyright subsists 517 213 Ownership of copyright 517 214 Infringement by importation, sale and other dealings 519 215 Recording of musical works 519 216 Publication of artistic works 519 217 Reconstruction of buildings 520 218 Industrial designs 520 219 Reproduction of work upon payment of royalties 520 Division 3-Subject-matter other than works 523 220 Sound recordings 523 221 Cinematograph films 523 222 Application of Act to dramatic works and photographs comprised in cinematograph films 523 223 Television broadcasts and sound broadcasts 523 224 Published editions of works 524 225 Infringement by importation, sale and other dealings 524 Division 4-Miscellaneous 525 226 Actions for infringement 525 227 Infringing copies 525 228 Actions where copyright subject to exclusive licence 525 229 Offences and summary proceedings 525 230 Limitation of actions 525 231 Restriction of importation of printed copies of works 526 232 References and applications to Tribunal in relation to licence schemes 526 233 Duration of Crown copyright in photographs 526 234 Duration of Crown copyright in recordings 526 235 Crown copyright in films 527 236 Works made or published by international organizations 527 237 Subject-matter, other than original works, made or published by international organizations 527 239 Assignments and licences 527 240 Bequests 529 241 Delivery of library material to National Library 530 242 Groundless threats of legal proceedings 530 Division 5-Works made before 1 July, 1912 531 243 Interpretation 531 244 Application 531 245 Rights conferred by Copyright Act, 1911 531 246 Performing rights 531 247 Contributions to periodicals 532 248 Assignments and licences 532 Part XIA-Performers' protection 534 Division 1-Preliminary 534 248A Interpretation 534 248B Educational purposes 539 248C Exempt recordings cease to be exempt recordings in certain circumstances 539 248CA Protection period 540 248D Private and domestic use 540 248F Application 541 Division 2-Actions by performers 542 248G What constitutes unauthorised use 542 248H Copying sound recordings for broadcasting 543 248J Actions for unauthorised use 544 248K Exercise of jurisdiction 545 248L Appeals 545 248M Jurisdiction of Federal Court 546 248MA Jurisdiction of Federal Magistrates Court 546 248N Right to bring an action not assignable 546 Division 3-Offences 547 Subdivision A-General offences 547 248P Scope of this Subdivision 547 248PA Unauthorised direct recording during protection period 547 248PB Unauthorised indirect recording during protection period 548 248PC Unauthorised communication to public during 20-year protection period 549 248PD Playing unauthorised recording publicly during 20-year protection period 550 248PE Possessing equipment to make or copy unauthorised recording 551 248PF Copying unauthorised recording 553 248PG Unauthorised copying of exempt recording 554 248PH Unauthorised copying of authorised sound recording 555 248PI Selling etc. unauthorised recording 557 248PJ Distributing unauthorised recording 558 248PK Commercial possession or import of unauthorised recording 560 248PL Exhibiting unauthorised recording in public by way of trade 562 248PM Importing unauthorised recording for exhibition by way of trade 563 Subdivision B-Acts relating to sound recordings of performances given before 1 July 1995 564 248QA Scope of this Subdivision 564 248QB Possessing equipment for copying unauthorised sound recording 565 248QC Copying unauthorised sound recording 566 248QD Selling etc. unauthorised sound recording 567 248QE Distributing unauthorised sound recording 568 248QF Commercial possession or import of unauthorised sound recording 570 248QG Exhibiting unauthorised sound recording in public by way of trade 571 248QH Importing unauthorised sound recording for exhibition by way of trade 573 Subdivision C-Prosecution and infringement notices 574 248R Courts in which offences may be prosecuted 574 248S Protection against multiple proceedings for same act 574 248SA Infringement notices 574 Subdivision D-Destruction or delivery up of unauthorised recordings 575 248T Destruction or delivery up of unauthorised recordings 575 Division 4-Extension of protection to foreign countries 576 248U Application to foreign countries 576 248V Denial of protection to citizens of countries not giving adequate protection to Australian performances 577 Part XII-Regulations 578 249 Regulations 578 The Schedule 580 Notes 581 An Act relating to copyright and the protection of certain performances, and for other purposes Part I-Preliminary 1 Short title [see Note 1] This Act may be cited as the Copyright Act 1968. 2 Commencement [see Note 1] This Act shall come into operation on a date to be fixed by Proclamation. 4 Extension to external Territories This Act extends to every external Territory. 5 Exclusion of Imperial Copyright Act, 1911 (1) This Act operates to the exclusion of the Copyright Act, 1911. (2) For the purposes of section 8 of the Acts Interpretation Act 1901-1966, 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. 6 Repeal of Copyright Acts The following Acts are repealed: Copyright Act 1912; Copyright Act 1933; Copyright Act 1935; Copyright Act 1963. 7 Act to bind the Crown Subject to Part VII, this Act binds the Crown but nothing in this Act renders the Crown liable to be prosecuted for an offence. 8 Copyright not to subsist except by virtue of this Act Subject to section 8A, copyright does not subsist otherwise than by virtue of this Act. 8A Prerogative rights of the Crown in the nature of copyright (1) Subject to subsection (2), this Act does not affect any 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 subsisted under this Act in the work or edition and was owned by a person other than the Crown, the person would not infringe the copyright of that owner in the work or edition by doing, or by 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. 9 Operation of other laws (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 law relating to breaches of trust or confidence. 9A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II-Interpretation 10 Interpretation (1) In this Act, unless the contrary intention appears: access control technological protection measure means a device, product, technology or component (including a computer program) that: (a) is used in Australia or a qualifying country: (i) by, with the permission of, or on behalf of, the owner or the exclusive licensee of the copyright in a work or other subject-matter; and (ii) in connection with the exercise of the copyright; and (b) in the normal course of its operation, controls access to the work or other subject-matter; but does not include such a device, product, technology or component to the extent that it: (c) if the work or other subject-matter is a cinematograph film or computer program (including a computer game)-controls geographic market segmentation by preventing the playback in Australia of a non-infringing copy of the work or other subject- matter acquired outside Australia; or (d) if the work is a computer program that is embodied in a machine or device-restricts the use of goods (other than the work) or services in relation to the machine or device. For the purposes of this definition, computer program has the same meaning as in section 47AB. accessory, in relation to an article, means one or more of the following: (a) a label affixed to, displayed on, incorporated into the surface of, or accompanying, the article; (b) the packaging or container in which the article is packaged or contained; (c) a label affixed to, displayed on, incorporated into the surface of, or accompanying, the packaging or container in which the article is packaged or contained; (d) a written instruction, warranty or other information provided with the article; (e) a record embodying an instructional sound recording, or a copy of an instructional cinematograph film, provided with the article; but does not include any label, packaging or container on which the olympic symbol (within the meaning of the Olympic Insignia Protection Act 1987) is reproduced. Note: See also section 10AD for an expanded meaning of accessory in relation to certain imported articles. 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 reproduction 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 story 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. alternative dispute resolution processes means procedures and services for the resolution of disputes, and includes: (a) conferencing; and (b) mediation; and (c) neutral evaluation; and (d) case appraisal; and (e) conciliation; and (f) procedures or services specified in the regulations; but does not include: (g) arbitration; or (h) court procedures or services. Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition. approved label means a label approved under: (a) Part 2 of the Agvet Code of a State or of the Northern Territory; or (b) Part 2 of the Agvet Code of the participating Territories within the meaning of the Agricultural and Veterinary Chemicals Act 1994. 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 (c) a work of artistic craftsmanship whether or not mentioned in paragraph (a) or (b); but does not include a circuit layout within the meaning of the Circuit Layouts Act 1989. Australia includes the external Territories. author, in relation to a photograph, means the person who took the photograph. 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 or her behalf. broadcast means a communication to the public delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992. Note: A broadcasting service does not include the following: (a) a service (including a teletext service) that provides only data or only text (with or without associated images); or (b) a service that makes programs available on demand on a point-to-point basis, including a dial-up service. building includes a structure of any kind. calendar year means a period of 12 months commencing on 1 January. carriage service provider has the same meaning as in the Telecommunications Act 1997. carrier has the same meaning as in the Telecommunications Act 1997. chemical product has the same meaning as in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. cinematograph film means the aggregate of the visual images embodied in an article or thing so as to be capable by the use of that article or thing: (a) of being shown as a moving picture; or (b) of being embodied in another article or thing by the use of which it can be so shown; and includes the aggregate of the sounds embodied in a sound-track associated with such visual images. circumvention device for a technological protection measure means a device, component or product (including a computer program) that: (a) is promoted, advertised or marketed as having the purpose or use of circumventing the technological protection measure; or (b) has only a limited commercially significant purpose or use, or no such purpose or use, other than the circumvention of the technological protection measure; or (c) is primarily or solely designed or produced to enable or facilitate the circumvention of the technological protection measure. For the purposes of this definition, computer program has the same meaning as in section 47AB. circumvention service for a technological protection measure means a service that: (a) is promoted, advertised or marketed as having the purpose or use of circumventing the technological protection measure; or (b) has only a limited commercially significant purpose or use, or no such purpose or use, other than the circumvention of the technological protection measure; or (c) is primarily or solely designed or produced to enable or facilitate the circumvention of the technological protection measure. communicate means make available online or electronically transmit (whether over a path, or a combination of paths, provided by a material substance or otherwise) a work or other subject-matter, including a performance or live performance within the meaning of this Act. computer program means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. construction includes erection, and reconstruction has a corresponding meaning. controls access: a device, product, technology or component (including a computer program) controls access to a work or other subject-matter if it requires the application of information or a process, with the permission of the owner or exclusive licensee of the copyright in the work or other subject-matter, to gain access to the work or other subject-matter. copy, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied. device includes a plate. dramatic work includes: (a) a choreographic show or other dumb show; and (b) a scenario or script for a cinematograph film; but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film. drawing includes a diagram, map, chart or plan. educational institution means: (aa) an institution at which education is provided at pre-school or kindergarten standard; (a) a school or similar institution at which full-time primary education or full-time secondary education is provided or both full-time primary education and full-time secondary 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 tertiary education by correspondence or on an external study basis; (d) a school of nursing in relation to which a notice published under subsection 10A(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 the provision of services incidental to the provision of medical services; and (ii) in relation to which a notice published under subsection 10A(4) is in force; (f) a teacher education centre in relation to which a notice published under subsection 10A(4) is in force; (g) an institution in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function of the institution is the provision of courses of study or training for one of the following purposes: (i) general education; (ii) the preparation of people for a particular occupation or profession; (iii) the continuing education of people engaged in a particular occupation or profession; (iv) the teaching of English to people whose first language is not English; (h) an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function, or one of the principal functions, of the undertaking is the provision of teacher training to people engaged as instructors in educational institutions of a kind referred to in a preceding paragraph of this definition, or of 2 or more such kinds; or (i) an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function, or one of the principal functions, of the institution, or undertaking, is the providing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or to educational institutions of 2 or more such kinds, and that that activity is undertaken for the purpose of helping those institutions in their teaching purposes. electronic literary or music item means: (a) a book in electronic form; or (b) a periodical publication in electronic form; or (c) sheet music in electronic form; regardless of whether there is a printed form. electronic rights management information, in relation to a work or other subject-matter, means information that: (a) is electronic; and (b) either: (i) is or was attached to, or is or was embodied in, a copy of the work or subject-matter; or (ii) appears or appeared in connection with a communication, or the making available, of the work or subject-matter; and (c) either: (i) identifies the work or subject-matter, and its author or copyright owner (including such information represented as numbers or codes); or (ii) identifies or indicates some or all of the terms and conditions on which the work or subject-matter may be used, or indicates that the use of the work or subject-matter is subject to terms or conditions (including such information represented as numbers or codes). 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 licensee, to the exclusion 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. free-to-air broadcast means: (a) a broadcast delivered by a national broadcasting service, commercial broadcasting service or community broadcasting service within the meaning of the Broadcasting Services Act 1992; or (b) a broadcast delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992 that does no more than transmit program material supplied by National Indigenous TV Limited. future copyright means copyright to come into existence at a future time or upon the happening of a future event. 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 recording 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 (e) in relation to a published edition of a work-a facsimile copy of the edition; being an article (which may be an electronic reproduction or copy of the work, recording, film, broadcast or edition) the making of which constituted an infringement of the copyright in the work, recording, film, broadcast or edition or, in the case of an article imported without the licence of the owner of the copyright, would have constituted an infringement of that copyright if the article had been made in Australia by the importer, but does not include: (f) a non-infringing book whose importation does not constitute an infringement of that copyright; or (g) a non-infringing accessory whose importation does not constitute an infringement of that copyright; or (h) a non-infringing copy of a sound recording whose importation does not infringe that copyright; or (i) a non-infringing copy of a computer program whose importation does not infringe that copyright; or (j) a non-infringing copy of an electronic literary or music item whose importation does not infringe that copyright. institution includes an educational institution. institution assisting persons with an intellectual disability means: (a) an educational institution; or (b) any other institution which has as its principal function, or one or its principal functions, the provision of assistance to persons with an intellectual disability and in relation to which a declaration under paragraph 10A(1)(d) is in force. institution assisting persons with a print disability means: (a) an educational institution; or (b) any other institution which has as its principal function, or one of its principal functions, the provision of literary or dramatic works to persons with a print disability and in relation to which a declaration under paragraph 10A(1)(c) is in force. international organization to which this Act applies means an organization 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 declared; 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 includes: (a) a table, or compilation, expressed in words, figures or symbols; and (b) a computer program or compilation of computer programs. manuscript, in relation to a literary, dramatic or musical work, means the document embodying the work as initially prepared by the author, whether the document is in hardcopy form, electronic form or any other form. material form, in relation to a work or an adaptation of a work, includes any form (whether visible or not) of storage of the work or adaptation, or a substantial part of the work or adaptation, (whether or not the work or adaptation, or a substantial part of the work or adaptation, can be reproduced). non-infringing accessory means an accessory made in: (a) a country that is a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or (b) a country that is a member of the World Trade Organization and has a law that provides consistently with the TRIPS Agreement for: (i) the ownership and duration of copyright or a related right in works, sound recordings and cinematograph films; and (ii) the owner of the copyright or related right to have rights relating to the reproduction of the work, sound recording or cinematograph film; where: (c) the making of any copy of a work, or any reproduction of a published edition of a work, that is, or is on, or is embodied in, the accessory; or (d) the making of any record embodying a sound recording, or any copy of a cinematograph film, that is the accessory; was authorised by the owner of the copyright in that country in the work, edition, recording or film, as the case may be. 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 184(1), being a book whose making did not constitute an infringement of any copyright subsisting in a work, or in a published edition of a work, under a law of that country. non-infringing copy: (a) in relation to a sound recording, has the meaning given by section 10AA; and (b) in relation to a computer program, has the meaning given by section 10AB; and (c) in relation to an electronic literary or music item, has the meaning given by section 10AC. 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 collection 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 collection comprising the library. person with a print disability means: (a) a person without sight; or (b) a person whose sight is severely impaired; or (c) a person unable to hold or manipulate books or to focus or move his or her eyes; or (d) a person with a perceptual disability. 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 includes a product of xerography, and photographic has a corresponding meaning. plate includes a stereotype, stone, block, mould, matrix, transfer, negative or other similar appliance. private and domestic use means private and domestic use on or off domestic premises. 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 19(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. qualifying country means: (a) a country that is a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or (b) a country that is a member of the World Trade Organization and has a law that provides consistently with the TRIPS Agreement for: (i) the ownership and duration of copyright or a related right in works, sound recordings and cinematograph films; and (ii) the owner of the copyright or related right to have rights relating to the reproduction of the work, sound recording or cinematograph film. reception equipment means equipment whose operation, either alone or together with other equipment, enables people to hear or see a work or other subject-matter that is communicated. record includes a disc, tape, paper, electronic file or other device in which sounds are embodied. Registrar means the Registrar of the Tribunal provided for by section 170. retransmission, in relation to a broadcast, means a retransmission of the broadcast, where: (a) the content of the broadcast is unaltered (even if the technique used to achieve retransmission is different to the technique used to achieve the original transmission); and (b) either: (i) in any case-the retransmission is simultaneous with the original transmission; or (ii) if the retransmission is in an area that has, wholly or partly, different local time to the area of the original transmission-the retransmission is delayed until no later than the equivalent local time. sculpture includes a cast or model made for purposes of sculpture. simulcasting means simultaneously broadcasting a broadcasting service in both analog and digital form in accordance with the requirements of the Broadcasting Services Act 1992 or of any prescribed legislative provisions relating to digital broadcasting. sound broadcast means sounds broadcast otherwise than as part of a television broadcast. sound recording means the aggregate of the sounds embodied in a record. sound-track, in relation to visual images forming part of a cinematograph film, means: (a) the part of any article or thing, being an article or thing in which those visual images are embodied, in which sounds are embodied; or (b) a disc, tape or other device in which sounds are embodied and which is made available by the maker of the film for use in conjunction with the article or thing in which those visual images are embodied. sufficient acknowledgement, in relation to a work, means an acknowledgement identifying the work by its title or other description and, unless the work is anonymous or pseudonymous or the author has previously agreed or directed that an acknowledgement of his or her name is not to be made, also identifying the author. technological protection measure means: (a) an access control technological protection measure; or (b) a device, product, technology or component (including a computer program) that: (i) is used in Australia or a qualifying country by, with the permission of, or on behalf of, the owner or the exclusive licensee of the copyright in a work or other subject- matter; and (ii) in the normal course of its operation, prevents, inhibits or restricts the doing of an act comprised in the copyright; but does not include such a device, product, technology or component to the extent that it: (iii) if the work or other subject-matter is a cinematograph film or computer program (including a computer game)-controls geographic market segmentation by preventing the playback in Australia of a non-infringing copy of the work or other subject-matter acquired outside Australia; or (iv) if the work is a computer program that is embodied in a machine or device-restricts the use of goods (other than the work) or services in relation to the machine or device. For the purposes of this definition, computer program has the same meaning as in section 47AB. television broadcast means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images. the Australian Broadcasting Commission means the Australian Broadcasting Commission that was established under the Broadcasting and Television Act 1942. the Australian Broadcasting Corporation means the Australian Broadcasting Corporation established under the Australian Broadcasting 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. the Copyright Tribunal or the Tribunal means the Copyright Tribunal of Australia provided for 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 Territory other than the Northern Territory or Norfolk Island. the National Librarian has the same meaning as in the National Library Act 1960-1967. the National Library means the National Library established under the National Library Act 1960-1967. the Special Broadcasting Service means the Special Broadcasting Service that was referred to in section 5 of the Special Broadcasting Service Act 1991. the Special Broadcasting Service Corporation means the body corporate preserved and continued in existence as the Special Broadcasting Service Corporation under section 5 of the Special Broadcasting Service Act 1991. to the public means to the public within or outside Australia. TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights set out in Annex 1C to the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994. Note: The English text of the Marrakesh Agreement establishing the World Trade Organization is set out in Australian Treaty Series 1995 No. 8. will includes a codicil. 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 contribution 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. (1A) 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 (other than a computer program) 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, shall 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. (2A) Without limiting the meaning of the expression reasonable portion in this Act, if a person makes a reproduction of a part of: (a) a published literary work (other than a computer program or an electronic compilation, such as a database); or (b) a published dramatic work; being a work that is in electronic form, the reproduction is taken to contain only a reasonable portion of the work if: (c) the number of words copied does not exceed, in the aggregate, 10% of the number of words in the work; or (d) if the work is divided into chapters-the number of words copied exceeds, in the aggregate, 10% of the number of words in the work, but the reproduction contains only the whole or part of a single chapter of the work. (2B) If a published literary or dramatic work is contained in a published edition of the work and is separately available in electronic form, a reproduction of a part of the work is taken to contain only a reasonable portion of the work if it is taken to do so either under subsection (2) or (2A), whether or not it does so under both of them. (2C) If: (a) a person makes a reproduction of a part of a published literary or dramatic work; and (b) the reproduction is taken to contain only a reasonable portion of the work under subsection (2) or (2A); subsection (2) or (2A) does not apply in relation to any subsequent reproduction made by the person of any other part of the same work. (3) In this Act, unless the contrary intention appears: (a) a reference to the body administering an institution shall be read as: (i) in a case where the institution is a body corporate-a reference to the institution; or (ii) in any other case-a reference to the body or person (including the Crown) having ultimate responsibility for the administration of the institution; (b) a reference to the body administering a library or archives shall be read as a reference to the body (whether incorporated or not), or the person (including the Crown), having ultimate responsibility for the administration of the library or archives; (c) a reference to a copy of a sound recording shall be read as a reference to a record embodying a sound recording or a substantial part of a sound recording being a record derived directly or indirectly from a record produced upon the making of a sound recording; (e) a reference to the Crown in right of a State shall be read as including a reference to the Crown in right of the Northern Territory and the Crown in right of Norfolk Island; (f) a reference to the custodian in charge of the copying records of an educational institution, an institution assisting persons with a print disability or an institution assisting persons with an intellectual disability 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 a 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 a facsimile copy of any size or form; (h) a reference to a copy of a work, or of a part of a work, for a person with a print disability is taken to be a reference to: (i) a record embodying a sound recording of the work, or of the part of the work, being a record made by, or on behalf of, the body administering an institution assisting persons with a print disability and so made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with a print disability; 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 by, or on behalf of, the body administering an institution assisting persons with a print disability and so made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with a print disability; (ha) a reference to a copy for a person with an intellectual disability, in relation 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 eligible item, as the case may be, made by, or on behalf of, the body administering an institution assisting persons with an intellectual disability, being a copy that is made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with an intellectual disability; (j) a reference to a microform copy of the whole or a part of a work shall be read as a reference to a copy of the whole or a part of the work produced by miniaturizing the graphic symbols 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 reference 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; (l) 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 directly or indirectly derived from a record so produced; (m) a reference to a relevant record, or a relevant declaration, in relation to the making, in reliance on a particular section (other than section 49): (i) of a copy, or a copy for a person with a print disability, of the whole or a part of a work; or (ia) of a copy for a person with an intellectual disability of the whole or a part of an eligible item; or (ii) of a copy of a sound recording or a cinematograph film; shall be read as a reference to any record or declaration 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 to a relevant declaration, in relation to the making, in reliance on section 49, of a copy of the whole or a part of a work, shall be read as a reference to: (i) in a case where the copy is made in reliance on subsection 49(2)-a declaration of the kind referred to in subsection 49(1) that is furnished in relation to the making of the copy; (ii) in a case where the copy is made in reliance on subsection 49(2C)-a declaration of the kind referred to in paragraph 49(2C)(b) that is made in relation to the making of the copy; or (iii) in any case-a declaration of the kind referred to in subsection 49(5) that is made in relation to the making of the copy; and (n) a reference to a State shall be read as including a reference to the Northern Territory and Norfolk Island and a reference to a Territory shall be read as not including a reference to the Northern Territory or Norfolk Island. (4) Where: (a) a collection of documents or other material of historical significance or public interest that is in the custody of a body, whether incorporated or unincorporated, is being maintained by the body 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 collection. Example: Museums and galleries are examples of bodies that could have collections covered by paragraph (b) of the definition of archives. (5) For the purposes of the definition of copy in subsection (1), such a copy includes any form (whether visible or not) of storage of a cinematograph film, or a substantial part of a cinematograph film, (whether or not the copy of the film, or a substantial part of the film, can be reproduced). (6) For the purposes of paragraph 10(3)(c), a reference to a copy of a sound recording includes any form (whether visible or not) of storage of the sound recording, or a substantial part of the sound recording, (whether or not the copy of the recording, or a substantial part of the recording, can be reproduced). 10AA Non-infringing copy of a sound recording Minimum requirements (1) A copy of a sound recording is a non-infringing copy only if it is made by or with the consent of: (a) the owner of the copyright or related right in the sound recording in the country (the copy country) in which the copy was made; or (b) the owner of the copyright or related right in the sound recording in the country (the original recording country) in which the sound recording was made, if the law of the copy country did not provide for copyright or a related right in sound recordings when the sound recording was made; or (c) the maker of the sound recording, if neither the law of the copy country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when the sound recording was made. Extra requirements for copies of recordings of works subject to Australian copyright (2) If the sound recording is of a work that is a literary, dramatic or musical work in which copyright subsists in Australia, the copy is a non-infringing copy only if: (a) copyright subsists in the work under the law of the copy country; and (b) the making of the copy does not infringe the copyright in the work under the law of the copy country; and (c) the copy country meets the requirements of subsection (3). To avoid doubt, the requirements of this subsection are additional to those of subsection (1). Requirements for copy country (3) The copy country mentioned in subsection (2) must: (a) be a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or (b) be a member of the World Trade Organization and have a law that provides consistently with the TRIPS Agreement for: (i) the ownership and duration of copyright in literary, dramatic and musical works; and (ii) the owner of the copyright in the work to have rights relating to the reproduction of the work. Australian copyright may result from Act or regulations (4) For the purposes of subsection (2) it does not matter whether the copyright in the work subsists in Australia as a result of this Act or as a result of the regulations made for the purposes of section 184. 10AB Non-infringing copy of a computer program A copy of a computer program is a non-infringing copy only if: (a) it is made in a qualifying country; and (b) its making did not constitute an infringement of any copyright in a work under a law of that country. 10AC Non-infringing copy of an electronic literary or music item A copy of an electronic literary or music item is a non- infringing copy only if: (a) it is made in a qualifying country; and (b) its making did not constitute an infringement of any copyright in a work, or in a published edition of a work, under a law of that country. 10AD Accessories to imported articles Accessories (1) If a person imports into Australia: (a) an article that has embodied in it a copy of a computer program; or (b) an article that has embodied in it a copy of an electronic literary or music item; or (c) an article that has embodied in it a copy of a sound recording; a copy of any work or other subject matter (other than a feature film) that is on, embodied in, or included with, the article on its importation is taken to be an accessory to the article. Note: See also sections 44C and 112C (about the non-infringement of copyright in works or other subject matter that are accessories to imported articles). Definition (2) In this section: feature film means a cinematograph film that: (a) is produced wholly or principally: (i) for exhibition to the public in cinemas or by way of television broadcasting; or (ii) for sale or rental to the public where it is reasonable to assume that the viewing of the film (without electronic interactive involvement with the film) would be the primary object of any such sale or rental; and (b) is more than 20 minutes in duration. Interpretation (3) This section does not limit the meaning of accessory in subsection 10(1). 10A Declarations and notices relating to certain bodies and institutions (1) The Attorney-General may, by notice in writing published in the Gazette: (c) declare an institution to be, for the purposes of this Act, an institution assisting persons with a print disability; or (d) declare an institution to be, for the purposes of this Act, an institution assisting persons with an intellectual disability. (2) The Attorney-General may, by notice in writing published in the Gazette, revoke a declaration made under subsection (1). (3) The Attorney-General shall cause a copy of a notice under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the notice is published in the Gazette. (4) The body administering an institution may cause to be published in the Gazette a notice that: (a) sets out full particulars of the name and address of the institution; and (aa) sets out the principal function or principal functions of the institution or of an undertaking within the body administering the institution; 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 published in the Gazette a notice revoking a notice published under subsection (4) in relation to the institution. (5A) A collecting society may apply to the Copyright Tribunal for review of a declaration included in a notice published under subsection (4) of this section for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1). Note: For applications to the Tribunal for review see section 153L. (6) In this section, institution includes a school of nursing, an undertaking within a hospital, a teacher education centre and an undertaking within a body administering an educational institution. 11 Residence in a country not affected by temporary absence 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 or she had been resident in that country at that time. 12 References to Parliament 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. 13 Acts comprised in copyright (1) A reference in this Act to an act comprised in the copyright in a work or other subject-matter shall be read as a reference 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. 14 Acts done in relation to substantial part of work or other subject- matter deemed to be done in relation to the whole (1) In this 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 (b) a reference to a reproduction, adaptation or copy of a work shall be read as including a reference to a reproduction, adaptation or copy of a substantial part 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. 15 References to acts done with licence of owner of copyright 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 the owner of the copyright. 16 References to partial assignment of copyright 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. 17 Statutory employment 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 employment were employment under a contract of service or employment under a contract of apprenticeship, as the case may be. 18 Libraries established or conducted for profit 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. 19 References to Copyright Act, 1911 A reference in a provision of this Act to the Copyright Act, 1911, in relation to any time before the commencement of this Act, shall, for the 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. 20 Names under which work is published (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. (2) For the purposes of this Act, a publication of a work under two or more names shall not be taken to be pseudonymous unless all those names are pseudonyms. 21 Reproduction and copying of works and other subject-matter (1) For the purposes of this Act, a literary, dramatic or musical work shall be deemed to have been reproduced in a material form if a sound recording or cinematograph film is made of the work, and any record embodying such a recording and any copy of such a film shall be deemed to be a reproduction of the work. (1A) For the purposes of this Act, a work is taken to have been reproduced if it is converted into or from a digital or other electronic machine-readable form, and any article embodying the work in such a form is taken to be a reproduction of the work. Note: The reference to the conversion of a work into a digital or other electronic machine-readable form includes the first digitisation of the work. (2) Subsections (1) and (1A) apply in relation to an adaptation of a work in the same way as they apply 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 version 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 produced shall be deemed to be a reproduction of the work. (4) The last preceding subsection has effect subject to Division 7 of Part III. (5) For the purposes of this Act, a computer program is taken to have been reproduced if: (a) an object code version of the program is derived from the program in source code by any process, including compilation; or (b) a source code version of the program is derived from the program in object code by any process, including decompilation; and any such version is taken to be a reproduction of the program. (6) For the purposes of this Act, a sound recording or cinematograph film is taken to have been copied if it is converted into or from a digital or other electronic machine-readable form, and any article embodying the recording or film in such a form is taken to be a copy of the recording or film. Note: The reference to the conversion of a sound recording or cinematograph film into a digital or other electronic machine-readable form includes the first digitisation of the recording or film. 22 Provisions relating to the making of a work or other subject-matter Literary, dramatic, musical or artistic works (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 writing or to some other material form. (2) For the purposes of this Act, a literary, dramatic or musical work that exists in the form of sounds embodied in an article or thing shall be deemed to have been reduced to a material form and to have been so reduced at the time when those sounds were embodied in that article or thing. Sound recordings (3) For the purposes of this Act: (a) a sound recording, other than a sound recording of a live performance, shall be deemed to have been made at the time when the first record embodying the recording was produced; and (b) the maker of the sound recording is the person who owned that record at that time. (3A) For the purposes of this Act, the makers of a sound recording of a live performance are: (a) the person or persons who, at the time of the recording, own the record on which the recording is made; and (b) the performer or performers who performed in the performance (other than a performer who is already covered by paragraph (a)). Note: A performer might be liable to pay compensation under section 116AAA to a person who owns the record on which the recording is made. (3B) If: (a) a sound recording of a live performance is made; and (b) a performer performs in that performance under the terms of his or her employment by another person (the employer) under a contract of service or apprenticeship; then, for the purposes of paragraph (3A)(b), the employer is taken to be a maker instead of that performer. (3C) Subsection (3B) may be excluded or modified by agreement between the performer and the employer. Cinematograph films (4) For the purposes of this Act: (a) a reference to the making of a cinematograph film shall be read as a reference to 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 whom the arrangements necessary for the making of the film were undertaken. Broadcasts and other communications (5) For the purposes of this Act, a broadcast is taken to have been made by the person who provided the broadcasting service by which the broadcast was delivered. (6) For the purposes of this Act, a communication other than a broadcast is taken to have been made by the person responsible for determining the content of the communication. (6A) To avoid doubt, for the purposes of subsection (6), a person is not responsible for determining the content of a communication merely because the person takes one or more steps for the purpose of: (a) gaining access to what is made available online by someone else in the communication; or (b) receiving the electronic transmission of which the communication consists. Example: A person is not responsible for determining the content of the communication to the person of a web page merely because the person clicks on a link to gain access to the page. Definitions (7) In this section: live 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; or (b) a performance (including an improvisation) of a musical work or part of such a work; or (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; or (d) a performance of a dance; or (e) a performance of a circus act or a variety act or any similar presentation or show; or (f) a performance of an expression of folklore; being a live performance, whether in the presence of an audience or otherwise. performer in a live performance: (a) means each person who contributed to the sounds of the