Copyright Act 1968/Part 7
Part VII.—The Crown.
Crown copyright in original works made under direction of Crown. 176.—(1.) Where, apart from this section, copyright would not subsist in an original literary, dramatic, musical or artistic work made by, or under the direction or control of, the Commonwealth or a State, copyright subsists in the work by virtue of this sub-section.
(2.) The Commonwealth or a State is, subject to this Part and to Part X., the owner of the copyright in an original literary, dramatic, musical or artistic work made by, or under the direction or control of, the Commonwealth or the State, as the case may be.
Crown copyright in original works first published in Australia under direction of Crown. 177. Subject to this Part and to Part X., the Commonwealth or a State is the owner of the copyright in an original literary, dramatic, musical or artistic work first published in Australia if first published by, or under the direction or control of, the Commonwealth or the State, as the case may be.
Crown copyright in recordings and films made under direction of Crown. 178.—(1.) Where, apart from this section, copyright would not subsist in a sound recording or cinematograph film made by, or under the direction or control of, the Commonwealth or a State, copyright subsists in the recording or film by virtue of this sub-section.
(2.) The Commonwealth or a State is, subject to this Part and to Part X., the owner of the copyright in a sound recording or cinematograph film made by, or under the direction or control of, the Commonwealth or the State, as the case may be.
Provisions relating to ownership of copyright may be modified by agreement. 179. The last three preceding sections have effect subject to any agreement made by, or on behalf of, the Commonwealth or a State with the author of the work or with the maker of the sound recording or cinematograph film, as the case may be, by which it is agreed that the copyright in the work, recording or film is to vest in the author or maker, or in another person specified in the agreement.
Duration of Crown copyright in original works. 180.—(1.) Copyright in a literary, dramatic or musical work of which the Commonwealth or a State is the owner, or would, but for an agreement to which the last preceding section applies, be the owner—
- (a) where the work is unpublished—continues to subsist so long as the work remains unpublished; and
- (b) where the work is published—subsists, or, if copyright in the work subsisted immediately before its first publication, continues to subsist, until the expiration of fifty years after the expiration of the calendar year in which the work was first published.
(2.) Subject to the next succeeding sub-section, copyright in an artistic work of which the Commonwealth or a State is the owner, or would, but for an agreement to which the last preceding section applies, be the owner, continues to subsist until the expiration of fifty years after the expiration of the calendar year in which the work was made.
(3.) Copyright in an engraving or photograph of which the Commonwealth or a State is the owner, or would, but for an agreement to which the last preceding section applies, be the owner, continues to subsist until the expiration of fifty years after the expiration of the calendar year in which the engraving or photograph is first published.
Duration of Crown copyright in recordings and films. 181. Copyright in a sound recording or cinematograph film of which the Commonwealth or a State is the owner, or would, but for the operation of an agreement to which section 179 of this Act applies, be the owner, subsists until the expiration of fifty years after the expiration of the calendar year in which the recording or film is first published.
Application of Parts III. and IV. to copyright subsisting by virtue of this Part. 182.—(1.) Part III. (other than the provisions of that Part relating to the subsistence, duration or ownership of copyright) applies in relation to copyright subsisting by virtue of this Part in a literary, dramatic, musical or artistic work in like manner as it applies in relation to copyright subsisting in such a work by virtue of that Part.
(2.) Part IV. (other than the provisions of that Part relating to the subsistence, duration or ownership of copyright) applies in relation to copyright subsisting by virtue of this Part in a sound recording or cinematograph film in like manner as it applies in relation to copyright subsisting in such a recording or film by virtue of that Part.
Use of copyright material for the services of The Crown. 183.—(1.) The copyright in a literary, dramatic, musical or artistic work or a published edition of such a work, or in a sound recording, cinematograph film, television broadcast or sound broadcast, is not infringed by the Commonwealth or a State, or by a person authorized in writing by the Commonwealth or a State, doing any acts comprised in the copyright if the acts are done for the services of the Commonwealth or State.
(2.) Where the Government of the Commonwealth has made an agreement or arrangement with the Government of some other country for the supply to that country of goods required for the defence of that country—
- (a) the doing of any act in connexion with the supply of those goods in pursuance of the agreement or arrangement; and
- (b) the sale to any person of such of those goods as are not required for the purposes of the agreement or arrangement,
shall, for the purposes of the last preceding sub-section, be each deemed to be for the services of the Commonwealth.
(3.) Authority may be given under sub-section (1.) of this section before or after the acts in respect of which the authority is given have been done, and may be given to a person notwithstanding that he has a licence granted by, or binding on, the owner of the copyright to do the acts.
(4.) Where an act comprised in a copyright has been done under sub-section (1.) of this section, the Commonwealth or State shall, as soon as possible, unless it appears to the Commonwealth or State that it would be contrary to the public interest to do so, inform the owner of the copyright, as prescribed, of the doing of the act and shall furnish him with such information as to the doing of the act as he from time to time reasonably requires.
(5.) Where an act comprised in a copyright has been done under sub-section (1.) of this section, the terms for the doing of the act are such terms as are, whether before or after the act is done, agreed between the Commonwealth or the State and the owner of the copyright or, in default of agreement, as are fixed by the High Court.
(6.) An agreement or licence (whether made or granted before or after the commencement of this Act) fixing the terms upon which a person other than the Commonwealth or a State may do acts comprised in a copyright is inoperative with respect to the doing of those acts, after the commencement of this Act, under sub-section (1.) of this section, unless the agreement or licence has been approved by the Attorney-General of the Commonwealth or the Attorney-General of the State.
(7.) Where an article is sold and the sale is not, by virtue of sub-section (1.) of this section, an infringement of a copyright, the purchaser of the article, and a person claiming through him, is entitled to deal with the article as if the Commonwealth or State were the owner of that copyright.
(8.) An act done under sub-section (1.) of this section does not constitute publication of a work or other subject-matter and shall not be taken into account in the application of any provision of this Act relating to the duration of any copyright.
(9.) Where an exclusive licence is in force in relation to any copyright, the preceding sub-sections of this section have effect as if any reference in those sub-sections to the owner of the copyright were a reference to the exclusive licensee.
(10.) Jurisdiction is conferred on the High Court to the extent necessary for the purposes of this section.