Copyright Act 1968/Part 8

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Part VIII.—Extension or Restriction of Operation of Act.

Application of Act to countries other than Australia. 184.—(1.) Subject to this section, the regulations may make provision applying any of the provisions of this Act specified in the regulations, in relation to a country (other than Australia) so specified, in any one or more of the following ways:―

(a) so that the provisions apply in relation to literary, dramatic, musical or artistic works or editions first published, or sound recordings or cinematograph films made or first published, in that country in like manner as those provisions apply in relation to literary, dramatic, musical or artistic works or editions first published, or sound recordings or cinematograph films made or first published, in Australia;

(b) so that the provisions apply in relation to artistic works that are buildings situated in that country or are attached to, or form part of, buildings situated in that country in like manner as those provisions apply in relation to artistic works that are buildings situated in Australia or are attached to, or form part of, buildings situated in Australia;

(c) so that the provisions apply in relation to persons who, at a material time, are citizens or nationals of that country in like manner as those provisions apply in relation to persons who, at such a time, are Australian citizens;

(d) so that the provisions apply in relation to persons who, at a material time, are resident in that country in like manner as those provisions apply in relation to persons who, at such a time, are resident in Australia;

(e) so that the provisions apply in relation to bodies incorporated under the law of that country in like manner as those provisions apply in relation to bodies incorporated under a law of the Commonwealth or of a State;

(f) so that the provisions apply in relation to television broadcasts and sound broadcasts made from places in that country by persons entitled under the law of that country to make such broadcasts in like manner as those provisions apply in relation to television broadcasts and sound broadcasts made from places in Australia by the Australian Broadcasting Commission, by a holder of a licence for a television station, by a holder of a licence for a broadcasting station or by a person prescribed for the purposes of sub-paragraph (iii) of paragraph (a) or sub-paragraph (iii) of paragraph (b) of section 91 of this Act.

(2.) Regulations applying a provision of this Act in relation to a country other than Australia in accordance with the last preceding sub-section—

(a) may apply the provision without exception or modification or subject to such exceptions or modifications as are specified in the regulations; and

(b) may apply the provision either generally or in relation to such classes of works or other subject-matter, or other classes of cases, as are specified in the regulations.

(3.) Regulations applying any of the provisions of this Act in relation to a country, not being a country that is a party to a Convention relating to copyright to which Australia is also a party, shall not be made unless the Governor-General is satisfied that, in respect of the class of works or other subject-matter to which those provisions relate, provision has been or will be made under the law of that country by virtue of which adequate protection is or will be given to owners of copyright under this Act.

(4.) Where—

(a) the identity of the author of an unpublished work is unknown but there are reasonable grounds for believing that the author of the work was, at the time when, or for a substantial part of the period during which, the work was made, a citizen or national of a country other than Australia;

(b) under the law of that country, a person is authorized to represent the author, or to protect and enforce the rights of the author, in relation to that work; and

(c) provision is made by the regulations applying any of the provisions of this Act in relation to works made by citizens or nationals of that country,

that person shall, for the purposes of those provisions as so applying, be treated as if he were the author of the work.

Denial of copyright to citizens of countries not giving adequate protection to Australian works. 185.—(1.) If it appears to the Governor-General that the law of a country does not give adequate protection to Australian works, or does not give adequate protection in relation to a class or classes of such works (whether the lack of protection relates to the nature of the work or the nationality, citizenship or country of residence of its author, or all of those matters), the regulations may make provision in relation to that country in accordance with the next succeeding sub-section.

(2.) Regulations made for the purposes of this section may provide, either generally or in such classes of cases as are specified in the regulations, that copyright under this Act does not subsist in works first published after a date specified in the regulations (which may be a date before the commencement of the regulations or before the commencement of this Act) if, at the time of the first publication of those works, the authors of the works were or are―

(a) citizens or nationals of a country specified in the regulations, not being at that time persons resident in Australia; or

(b) in the case of works being sound recordings or cinematograph films bodies incorporated under the law of a country specified in the regulations.

(3.) In making regulations for the purposes of this section, the Governor-General shall have regard to the nature and extent of the lack of protection for Australian works by reason of which the regulations are made.

(4.) In this section—

“Australian work” means a work the author of which was, at the time when the work was made, a qualified person for the purposes of the relevant provision of this Act;

“author”, in relation to a sound recording or a cinematograph film, means the maker of the recording or film;

“the relevant provision of this Act” means―

(a) in relation to a literary, dramatic, musical or artistic work—section 32 of this Act; and

(b) in relation to a sound recording or a cinematograph film—Part IV.;

“work” means a literary, dramatic, musical or artistic work, a sound recording or a cinematograph film.

Application of Act to international organizations. 186.—(1.) Where it appears to the Governor-General that it is desirable that this Act should apply in relation to an organization—

(a) of which two or more countries, or the Governments of two or more countries, are members; or

(b) that is constituted by persons representing two or more countries, or representing the Governments of two or more countries,

the regulations may declare that organization to be an international organization to which this Act applies.

(2.) An international organization to which this Act applies that otherwise does not have, or at some material time otherwise did not have, the legal capacities of a body corporate has, and shall be deemed at all material times to have had, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and for the purposes of all legal proceedings relating to copyright.

Original works made or first published by international organizations. 187.—(1.) Where an original literary, dramatic, musical or artistic work is made by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this sub-section, subsist in the work—

(a) copyright subsists in the work;

(b) that copyright subsists so long as the work remains unpublished; and

(c) the organization is, subject to Part X., the owner of that copyright.

(2.) Where an original literary, dramatic, musical or artistic work is first published by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this sub-section, subsist in the work immediately after the first publication of the work—

(a) copyright subsists in the work, or, if copyright in the work subsisted immediately before its first publication, continues to subsist in the work;

(b) that copyright subsists until the expiration of fifty years after the expiration of the calendar year in which the work was first published; and

(c) the organization is, subject to Part X., the owner of that copyright.

(3.) 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 section in like manner as it applies in relation to copyright subsisting by virtue of that Part.

Subject-matter, other than original works, made or first published by international organizations. 188.—(1.) Where a sound recording or a cinematograph film is made by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this sub-section, subsist in the recording or film-

(a) copyright subsists in the recording or film;

(b) that copyright subsists so long as the recording or film remains unpublished; and

(c) the organization is, subject to Part X., the owner of that copyright.

(2.) Where a sound recording or a cinematograph film is first published by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this sub-section, subsist in the recording or film immediately after the first publication of the recording or film—

(a) copyright subsists in the recording or film, or, if copyright in the recording or film subsisted immediately before its first publication, continues to subsist in the recording or film;

(b) that copyright subsists until the expiration of fifty years after the expiration of the calendar year in which the recording or film was first published; and

(c) the organization is, subject to Part X., the owner of that copyright.

(3.) Where an edition of a literary, dramatic, musical or artistic work or of two or more literary, dramatic, musical or artistic works, other than an edition that reproduces a previous edition of the same work or works, is published by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this sub-section, subsist in the edition immediately after the first publication of the edition—

(a) copyright subsists in the edition;

(b) that copyright subsists until the expiration of twenty-five years after the expiration of the calendar year in which the edition was first published; and

(c) the organization is, subject to Part X., the owner of that copyright.

(4.) Part IV., other than the provisions of that Part relating to the subsistence, duration or ownership of copyright, applies in relation to copyright subsisting by virtue of this section in like manner as it applies in relation to copyright subsisting by virtue of that Part.