[Browse Databases] [Alphabetical Index] ['Co' Index]
[Download Act] [Search Act]

---

COPYRIGHT ACT 1968 !!!The following amendment (No. 9, 2006) has not been incorporated. - List of Sections

Section

Compilation Information

Long Title

COPYRIGHT ACT 1968
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
4. Extension to external Territories
5. Exclusion of Imperial Copyright Act, 1911
6. Repeal of Copyright Acts
7. Act to bind the Crown
8. Copyright not to subsist except by virtue of this Act
8A. Prerogative rights of the Crown in the nature of copyright
9. Operation of other laws
9A. Application of the Criminal Code
COPYRIGHT ACT 1968
Part II—Interpretation

10. Interpretation
10AA. Non-infringing copy of a sound recording
10AB. Non-infringing copy of a computer program
10AC. Non-infringing copy of an electronic literary or music item
10AD. Accessories to imported articles
10A. Declarations and notices relating to certain bodies and institutions
11. Residence in a country not affected by temporary absence
12. References to Parliament
13. Acts comprised in copyright
14. Acts done in relation to substantial part of work or other subject-matter deemed to be done in relation to the whole
15. References to acts done with licence of owner of copyright
16. References to partial assignment of copyright
17. Statutory employment
18. Libraries established or conducted for profit
19. References to Copyright Act, 1911
20. Names under which work is published
21. Reproduction and copying of works and other subject-matter
22. Provisions relating to the making of a work or other subject-matter
23. Sound recordings and records
24. References to sounds and visual images embodied in an article
25. Provisions relating to broadcasting
27. Performance
28. Performance of works or other subject-matter in the course of educational instruction
29. Publication
30. Ownership of copyright for particular purposes
30A. Commercial rental arrangement
COPYRIGHT ACT 1968
Part III—Copyright in original literary, dramatic, musical and
artistic works

COPYRIGHT ACT 1968
Division 1—Nature, duration and ownership of copyright in
works


31. Nature of copyright in original works
32. Original works in which copyright subsists
33. Duration of copyright in original works
34. Duration of copyright in anonymous and pseudonymous works
35. Ownership of copyright in original works
COPYRIGHT ACT 1968
Division 2—Infringement of copyright in works


36. Infringement by doing acts comprised in the copyright
37. Infringement by importation for sale or hire
38. Infringement by sale and other dealings
39. Infringement by permitting place of public entertainment to be used for performance of work
39A. Infringing copies made on machines installed in libraries and archives
39B. Communication by use of certain facilities
COPYRIGHT ACT 1968
Division 3—Acts not constituting infringements of copyright
in works


40. Fair dealing for purpose of research or study
41. Fair dealing for purpose of criticism or review
42. Fair dealing for purpose of reporting news
43. Reproduction for purpose of judicial proceedings or professional advice
43A. Temporary reproductions made in the course of communication
43B. Temporary reproductions of works as part of a technical process of use
44. Inclusion of works in collections for use by places of education
44A. Importation etc. of books
44B. Reproduction of writing on approved label for containers for chemical product
44C. Copyright subsisting in accessories etc. to imported articles
44D. Import of non-infringing copy of sound recording does not infringe copyright in works recorded
44E. Importation and sale etc. of copies of computer programs
44F. Importation and sale etc. of copies of electronic literary or music items
COPYRIGHT ACT 1968
Division 4—Acts not constituting infringements of copyright
in literary, dramatic and musical works


45. Reading or recitation in public or for a broadcast
46. Performance at premises where persons reside or sleep
47. Reproduction for purpose of broadcasting
47AA. Reproduction for the purpose of simulcasting
47A. Sound broadcasts by holders of print disability radio licences
COPYRIGHT ACT 1968
Division 4A—Acts not constituting infringements of copyright
in computer programs


47AB. Meaning of computer program
47B. Reproduction for normal use or study of computer programs
47C. Back-up copy of computer programs
47D. Reproducing computer programs to make interoperable products
47E. Reproducing computer programs to correct errors
47F. Reproducing computer programs for security testing
47G. Unauthorised use of copies or information
47H. Agreements excluding operation of certain provisions
COPYRIGHT ACT 1968
Division 5—Copying of works in libraries or archives


48. Interpretation
48A. Copying by Parliamentary libraries for members of Parliament
49. Reproducing and communicating works by libraries and archives for users
50. Reproducing and communicating works by libraries or archives for other libraries or archives
51. Reproducing and communicating unpublished works in libraries or archives
51AA. Reproducing and communicating works in Australian Archives
51A. Reproducing and communicating works for preservation and other purposes
52. Publication of unpublished works kept in libraries or archives
53. Application of Division to illustrations accompanying articles and other works
COPYRIGHT ACT 1968
Division 6—Recording of musical works


54. Interpretation
55. Conditions upon which manufacturer may make records of musical work
57. Provisions relating to royalty where 2 or more works are on the one record
59. Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work
60. Records made partly for retail sale and partly for gratuitous disposal
61. Making inquiries in relation to previous records
64. Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records
COPYRIGHT ACT 1968
Division 7—Acts not constituting infringements of copyright
in artistic works


65. Sculptures and certain other works in public places
66. Buildings and models of buildings
67. Incidental filming or televising of artistic works
68. Publication of artistic works
70. Reproduction for purpose of including work in television broadcast
72. Reproduction of part of work in later work
73. Reconstruction of buildings
COPYRIGHT ACT 1968
Division 8—Designs


74. Corresponding design
75. Copyright protection where corresponding design registered
76. False registration of industrial designs under the Designs Act 2003
77. Application of artistic works as industrial designs without registration of the designs
77A. Certain reproductions of an artistic work do not infringe copyright
COPYRIGHT ACT 1968
Division 9—Works of joint authorship


78. References to all of joint authors
79. References to any one or more of joint authors
80. References to whichever of joint authors died last
81. Works of joint authorship published under pseudonyms
82. Copyright to subsist in joint works without regard to any author who is an unqualified person
83. Inclusion of joint works in collections for use in places of education
COPYRIGHT ACT 1968
Part IV—Copyright in subject-matter other than works

COPYRIGHT ACT 1968
Division 1—Preliminary


84. Definitions
COPYRIGHT ACT 1968
Division 2—Nature of copyright in subject-matter other than
works


85. Nature of copyright in sound recordings
86. Nature of copyright in cinematograph films
87. Nature of copyright in television broadcasts and sound broadcasts
88. Nature of copyright in published editions of works
COPYRIGHT ACT 1968
Division 3—Subject-matter, other than works, in which
copyright subsists


89. Sound recordings in which copyright subsists
90. Cinematograph films in which copyright subsists
91. Television broadcasts and sound broadcasts in which copyright subsists
92. Published editions of works in which copyright subsists
COPYRIGHT ACT 1968
Division 4—Duration of copyright in subject-matter other
than works


93. Duration of copyright in sound recordings
94. Duration of copyright in cinematograph films
95. Duration of copyright in television broadcasts and sound broadcasts
96. Duration of copyright in published editions of works
COPYRIGHT ACT 1968
Division 5—Ownership of copyright in subject-matter other
than works


COPYRIGHT ACT 1968
Subdivision A—Ownership of copyright in subject-matter other than
works


97. Ownership of copyright in sound recordings
98. Ownership of copyright in cinematograph films
99. Ownership of copyright in television broadcasts and sound broadcasts
100. Ownership of copyright in published editions of works
COPYRIGHT ACT 1968
Subdivision B—Specific provisions relating to the ownership of
copyright in pre-commencement sound recordings of live performances


100AA.Application
100AB.Definitions
100AC.Application of sections 100AD and 100AE
100AD.Makers of pre-commencement sound recordings of live performances
100AE.Ownership of pre-commencement copyright in sound recordings of live performances
100AF.Former owners may continue to do any act in relation to the copyright
100AG.Actions by new owners of copyright
100AH.References to the owner of the copyright in a sound recording
COPYRIGHT ACT 1968
Division 6—Infringement of copyright in subject-matter other
than works


100A. Interpretation
101. Infringement by doing acts comprised in copyright
102. Infringement by importation for sale or hire
103. Infringement by sale and other dealings
103A. Fair dealing for purpose of criticism or review
103B. Fair dealing for purpose of reporting news
103C. Fair dealing for purpose of research or study
104. Acts done for purposes of judicial proceeding
104A. Acts done by Parliamentary libraries for members of Parliament
104B. Infringing copies made on machines installed in libraries and archives
105. Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast
106. Causing sound recording to be heard at guest house or club
107. Making of a copy of the sound recording for purpose of broadcasting
108. Copyright in published recording not infringed by public performance if equitable remuneration paid
109. Copyright in published sound recording not infringed by broadcast in certain circumstances
110. Provisions relating to cinematograph films
110A. Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives
110B. Copying and communicating sound recordings and cinematograph films for preservation and other purposes
110C. Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting
111. Filming or recording broadcasts for private and domestic use
111A. Temporary copy made in the course of communication
111B. Temporary copy of subject-matter as part of a technical process of use
112. Reproductions of editions of work
112A. Importation and sale etc. of books
112B. Reproduction of writing on approved label for containers for chemical product
112C. Copyright subsisting in accessories etc. to imported articles
112D. Import of non-infringing copy of a sound recording does not infringe copyright in the sound recording
112DA.Importation and sale etc. of copies of electronic literary or music items
112E. Communication by use of certain facilities
COPYRIGHT ACT 1968
Division 7—Miscellaneous


113. Copyrights to subsist independently
113A. Agents may act on behalf of groups of performers
113B. Consent to the use of a sound recording of a live performance
113C. Use of published sound recordings when owners cannot be found etc.
COPYRIGHT ACT 1968
Part V—Remedies and offences

COPYRIGHT ACT 1968
Division 1—Preliminary


114. Interpretation
COPYRIGHT ACT 1968
Division 2—Actions by owner of copyright


115. Actions for infringement
116. Rights of owner of copyright in respect of infringing copies
116AAA.Compensation for acquisition of property
COPYRIGHT ACT 1968
Division 2AA—Limitation on remedies available against
carriage service providers


COPYRIGHT ACT 1968
Subdivision A—Preliminary


116AA.Purpose of this Division
116AB.Definitions
COPYRIGHT ACT 1968
Subdivision B—Relevant activities


116AC.Category A activity
116AD.Category B activity
116AE.Category C activity
116AF.Category D activity
COPYRIGHT ACT 1968
Subdivision C—Limitations on remedies


116AG.Limitations on remedies
COPYRIGHT ACT 1968
Subdivision D—Conditions


116AH.Conditions
116AI.Evidence of compliance with conditions
COPYRIGHT ACT 1968
Subdivision E—Regulations


116AJ.Regulations
COPYRIGHT ACT 1968
Division 2A—Actions in relation to circumvention devices and
electronic rights management information


116A. Importation, manufacture etc. of circumvention device and provision etc. of circumvention service
116B. Removal or alteration of electronic rights management information
116C. Distribution to the public etc. of works whose electronic rights management information has been removed or altered
116CA.Distribution and importation of electronic rights management information that has been removed or altered
116CB.Exception relating to national security and law enforcement
116D. Remedies in actions under sections 116A, 116B, 116C and 116CA
COPYRIGHT ACT 1968
Division 3—Proceedings where copyright is subject to
exclusive licence


117. Interpretation
118. Application
119. Rights of exclusive licensee
120. Joinder of owner or exclusive licensee as a party
121. Defences available against exclusive licensee
122. Assessment of damages where exclusive licence granted
123. Apportionment of profits between owner and exclusive licensee
124. Separate actions in relation to the same infringement
125. Liability for costs
COPYRIGHT ACT 1968
Division 4—Proof of facts in civil actions


126. Presumptions as to subsistence and ownership of copyright
126A. Evidence in relation to subsistence of copyright
126B. Evidence in relation to ownership of copyright
127. Presumptions in relation to authorship of work
128. Presumptions in relation to publisher of work
129. Presumptions where author has died
130. Evidence in relation to recordings
130A. Acts relating to imported copies of sound recordings
130B. Acts relating to imported copies of computer programs
130C. Acts relating to imported copies of electronic literary or music items
131. Presumption in relation to maker of film
COPYRIGHT ACT 1968
Division 4A—Jurisdiction and appeals


131A. Exercise of jurisdiction
131B. Appeals
131C. Jurisdiction of Federal Court of Australia
131D. Jurisdiction of Federal Magistrates Court
COPYRIGHT ACT 1968
Division 5—Offences and summary proceedings


132. Offences
132A. Presumptions in relation to subsistence and ownership of copyright
132B. Evidence in relation to sound recordings
133. Destruction or delivery up of infringing copies etc.
133A. Advertisement for supply of infringing copies of works or other subject matter
COPYRIGHT ACT 1968
Division 6—Miscellaneous


134. Limitation of actions in respect of infringement of copyright
134A. Affidavit evidence
COPYRIGHT ACT 1968
Division 7—Seizure of imported copies of copyright material


134B. Interpretation
135. Restriction of importation of copies of works etc.
135AA.Security for expenses of seizure
135AB.Secure storage of seized copies
135AC.Notice of seizure
135AD.Inspection, release etc. of seized copies
135AE.Forfeiture of seized copies by consent
135AF.Compulsory release of seized copies to the importer
135AG.Provision relating to actions for infringement of copyright
135AH.Retention of control of seized copies
135AI.Disposal of seized copies ordered to be forfeited
135AJ.Insufficient security
135AK.Immunity of the Commonwealth
COPYRIGHT ACT 1968
Part VAA—Broadcast decoding devices

COPYRIGHT ACT 1968
Division 1—Preliminary


135AL.Definitions
135AM.Counterclaim
COPYRIGHT ACT 1968
Division 2—Action in relation to broadcast decoding devices


135AN.Actions in relation to the manufacture of and dealing with broadcast decoding devices
135ANA.Actions in relation to the use of broadcast decoding devices
COPYRIGHT ACT 1968
Division 3—Jurisdiction and appeals


135AP.Exercise of jurisdiction
135AQ.Appeals
135AR.Jurisdiction of Federal Court of Australia
135ARA.Jurisdiction of Federal Magistrates Court
COPYRIGHT ACT 1968
Division 4—Offences


135AS.Offences
135AT.Prosecutions
135AU.Destruction etc. of devices
COPYRIGHT ACT 1968
Part VA—Copying and communication of broadcasts by educational
and other institutions

COPYRIGHT ACT 1968
Division 1—Preliminary


135A. Interpretation
135B. Copies and communications of broadcasts
135D. Operation of collecting society rules
COPYRIGHT ACT 1968
Division 2—Copying and communication of broadcasts


135E. Copying and communication of broadcasts by educational institutions etc.
135F. Making and communication of preview copies
135G. Remuneration notices
135H. Records notices
135J. Sampling notices
135JA.Agreed notice
135K. Marking and record keeping requirements
135KA.Notice requirements in respect of communications
135L. Inspection of records etc.
135M. Revocation of remuneration notice
135N. Request for payment of equitable remuneration
COPYRIGHT ACT 1968
Division 3—The collecting society


135P. The collecting society
135Q. Revocation of declaration
135R. Annual report and accounts
135S. Amendment of rules
COPYRIGHT ACT 1968
Division 4—Interim copying


135T. Appointment of notice holder
135U. Copying before declaration of collecting society
135V. Preview copies
135W. Notices by administering bodies
135X. Marking and record keeping requirements
135Y. Effect of declaration of collecting society
COPYRIGHT ACT 1968
Division 5—Miscellaneous


135Z. Relevant right holder may authorise copying etc.
135ZA.Copyright not to vest in copier
COPYRIGHT ACT 1968
Part VB—Reproducing and communicating works etc. by educational
and other institutions

COPYRIGHT ACT 1968
Division 1—Preliminary


135ZB.Interpretation
135ZC.Eligible items and photographic versions
135ZE.Part does not apply to computer programs
135ZF.Operation of collecting society rules
135ZFA.Licensed communications
COPYRIGHT ACT 1968
Division 2—Reproduction by educational institutions of works
that are in hardcopy form


135ZGA.Application of Division
135ZG.Multiple reproduction of insubstantial parts of works that are in hardcopy form
135ZH.Copying of printed published editions by educational institutions
135ZJ.Multiple reproduction of printed periodical articles by educational institutions
135ZK.Multiple reproduction of works published in printed anthologies
135ZL.Multiple reproduction of works that are in hardcopy form by educational institutions
135ZM.Application of Division to certain illustrations that are in hardcopy form
COPYRIGHT ACT 1968
Division 2A—Reproduction and communication of works that are
in electronic form


135ZMA.Application of Division
135ZMB.Multiple reproduction and communication of insubstantial parts of works that are in electronic form
135ZMC.Multiple reproduction and communication of periodical articles that are in electronic form by education institutions
135ZMD.Multiple reproduction and communication of works that are in electronic form by educational institutions
135ZME.Application of Division to certain illustrations in electronic form
COPYRIGHT ACT 1968
Division 3—Reproduction and communication of works by
institutions assisting persons with a print disability


135ZN.Copying published editions by institutions assisting persons with a print disability
135ZP.Multiple reproduction and communication of works by institutions assisting persons with a print disability
135ZQ.Making of relevant reproductions and relevant communications by institutions assisting persons with a print disability
COPYRIGHT ACT 1968
Division 4—Reproduction and communication of works etc. by
institutions assisting persons with an intellectual disability


135ZR.Copying of published editions by institutions assisting persons with an intellectual disability
135ZS.Copying and communication of eligible items by institutions assisting persons with an intellectual disability
135ZT.Making of copies etc. for use in making copies or communications for a person with an intellectual disability
COPYRIGHT ACT 1968
Division 5—Equitable remuneration


135ZU.Remuneration notices
135ZV.Records notices
135ZW.Sampling notices
135ZWA.Electronic use notices
135ZX.Records notices and sampling notices: marking and record-keeping requirements
135ZXA.Electronic use notices: notice requirements etc.
135ZY.Inspection of records etc.
135ZZ.Revocation of remuneration notice
135ZZA.Request for payment of equitable remuneration
COPYRIGHT ACT 1968
Division 6—Collecting societies


135ZZB.Collecting societies
135ZZC.Revocation of declaration
135ZZD.Annual report and accounts
135ZZE.Amendment of rules
COPYRIGHT ACT 1968
Division 7—Miscellaneous


135ZZF.Rights of copyright owners
135ZZG.Copyright not to vest in copier
135ZZH.Unauthorised use of copies
COPYRIGHT ACT 1968
Part VC—Retransmission of free-to-air broadcasts

COPYRIGHT ACT 1968
Division 1—Preliminary


135ZZI.Definitions
135ZZJ.Operation of collecting society rules
135ZZJA.Application of Part
COPYRIGHT ACT 1968
Division 2—Retransmission of free-to-air broadcasts


135ZZK.Retransmission of free-to-air broadcasts
135ZZL.Remuneration notices
135ZZM.Amount of equitable remuneration
135ZZN.Record system
135ZZP.Inspection of records etc.
135ZZQ.Identity cards
135ZZR.Revocation of remuneration notice
135ZZS.Request for payment of equitable remuneration
COPYRIGHT ACT 1968
Division 3—Collecting societies


135ZZT.Collecting societies
135ZZU.Revocation of declaration
135ZZV.Annual report and accounts
135ZZW.Amendment of rules
COPYRIGHT ACT 1968
Division 4—Interim retransmissions


135ZZX.Appointment of notice holder
135ZZY.Retransmitting before declaration of collecting society
135ZZZ.Notices by retransmitters
135ZZZA.Record keeping requirements
135ZZZB.Effect of declaration of collecting society
COPYRIGHT ACT 1968
Division 5—Miscellaneous


135ZZZC.Relevant copyright owner may authorise retransmitting
135ZZZD.Copyright not to vest under this Part
135ZZZE.Licence to retransmit does not authorise copyright infringements
COPYRIGHT ACT 1968
Part VI—The Copyright Tribunal

COPYRIGHT ACT 1968
Division 1—Preliminary


136. Interpretation
137. Cases to which licence schemes apply
COPYRIGHT ACT 1968
Division 2—Constitution of the Tribunal


138. Constitution of Tribunal
139. Appointment of members of Tribunal
140. Qualifications of members
141. Tenure of office
141A. Seniority of Deputy Presidents
142. Acting President
143. Remuneration and allowances
144. Oath or affirmation of office
144A. Disclosure of interests by members
144B. Removal from office for failure to disclose interest
145. Resignation
146. Sittings of the Tribunal
147. President to arrange business of Tribunal
COPYRIGHT ACT 1968
Division 3—Applications and references to the Tribunal


148. Interpretation
149. Applications to Tribunal for determination of remuneration payable for making recording or film of a work
149A. Applications to Tribunal under section 47A
150. Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording
151. Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording
152. Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings
152A. Applications to Tribunal for determination of amount of royalty payable for recording musical works
152B. Applications to Tribunal for determination of manner of paying royalty
153. Applications to Tribunal for apportionment of royalty in respect of a record
153A. Applications to Tribunal under section 135H, subsection 135J(1) or subsection 135JA(1)
153B. Applications to Tribunal under subsection 135J(3)
153BA.Application to the Tribunal under subsection 135JA(3)
153BB.Application to the Tribunal under subsection 135ZME(3)
153C. Applications to the Tribunal under section 135ZV or subsection 135ZW(1) or 135ZWA(1)
153D. Applications to Tribunal under subsection 135ZW(3)
153DA.Applications to the Tribunal under subsection 135ZWA(2)
153E. Applications to Tribunal under subsection 183(5)
153F. Applications to Tribunal to declare collecting society for government copies
153G. Applications to Tribunal to revoke a declaration of a collecting society
153H. Time limit for deciding applications under section 153F or 153G
153J. Amendment and revocation of a declaration on the declaration of another collecting society
153K. Applications to Tribunal for method of working out payment for government copies
153L. Applications to Tribunal for review of declarations of certain educational institutions
153M. Applications to the Tribunal under subsection 135ZZM(1)
153N. Applications to Tribunal under subsection 135ZZN(3)
154. Reference of proposed licence schemes to Tribunal
155. Reference of existing licence schemes to Tribunal
156. Further reference of licence schemes to Tribunal
157. Application to Tribunal in relation to licences
158. Effect of licence scheme being continued in operation pending order of the Tribunal
159. Effect of order of Tribunal in relation to licences
160. Interim orders
161. Reference of questions of law to Federal Court of Australia
162. Agreements or awards not affected
COPYRIGHT ACT 1968
Division 4—Procedure and evidence


163. Proceedings to be in public except in special circumstances
163A. Application may be made to Tribunal by the agent of the copyright owner
164. Procedure
165. Mistakes or errors in orders of the Tribunal
166. Regulations as to procedure
167. Power to take evidence on oath
168. Evidence in form of written statement
169. Representation
COPYRIGHT ACT 1968
Division 5—Miscellaneous


170. Secretary and other staff
171. Protection of members, barristers and witnesses
172. Disobedience to summons etc.
173. Contempt of Tribunal etc.
174. Costs of proceedings
175. Proof of orders of Tribunal
COPYRIGHT ACT 1968
Part VII—The Crown

COPYRIGHT ACT 1968
Division 1—Crown copyright


176. Crown copyright in original works made under direction of Crown
177. Crown copyright in original works first published in Australia under direction of Crown
178. Crown copyright in recordings and films made under direction of Crown
179. Provisions relating to ownership of copyright may be modified by agreement
180. Duration of Crown copyright in original works
181. Duration of Crown copyright in recordings and films
182. Application of Parts III and IV to copyright subsisting by virtue of this Part
182A. Copyright in statutory instruments and judgments etc.
COPYRIGHT ACT 1968
Division 2—Use of copyright material for the Crown


182B. Definitions
182C. Relevant collecting society
183. Use of copyright material for the services of the Crown
183A. Special arrangements for copying for services of government
183B. Payment and recovery of equitable remuneration payable for government copies
183C. Powers of collecting society to carry out sampling
183D. Annual report and accounts of collecting society
183E. Alteration of rules of collecting society
COPYRIGHT ACT 1968
Part VIII—Extension or restriction of operation of Act

184. Application of Act to countries other than Australia
185. Denial of copyright to citizens of countries not giving adequate protection to Australian works
186. Application of Act to international organizations
187. Original works made or first published by international organizations
188. Subject-matter, other than original works, made or first published by international organizations
COPYRIGHT ACT 1968
Part IX—Moral rights of authors of literary, dramatic, musical
or artistic works and cinematograph films

COPYRIGHT ACT 1968
Division 1—Preliminary


189. Definitions
190. Moral rights conferred on individuals
191. Director, producer and screenwriter of cinematograph film
192. Rights to be additional to other rights
COPYRIGHT ACT 1968
Division 2—Right of attribution of authorship


193. Author's right of attribution of authorship
194. Acts giving rise to right of attribution of authorship
195. Nature of the identification of author
195AA.Identification of author to be clear and reasonably prominent
195AB.What is a reasonably prominent identification
COPYRIGHT ACT 1968
Division 3—Right not to have authorship of a work falsely
attributed


195AC.Author's right not to have authorship falsely attributed
195AD.Acts of false attribution of authorship of a literary, dramatic or musical work
195AE.Acts of false attribution of authorship of artistic work
195AF.Acts of false attribution of authorship of cinematograph film
195AG.Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work
195AH.Act of false attribution of authorship of altered cinematograph film
COPYRIGHT ACT 1968
Division 4—Right of integrity of authorship of a work


195AI.Author's right of integrity of authorship
195AJ.Derogatory treatment of literary, dramatic or musical work
195AK.Derogatory treatment of artistic work
195AL.Derogatory treatment of cinematograph film
COPYRIGHT ACT 1968
Division 5—Duration and exercise of moral rights


195AM.Duration of moral rights
195AN.Exercise of moral rights
COPYRIGHT ACT 1968
Division 6—Infringement of moral rights


195AO.Infringement of right of attribution of authorship
195AP.Infringement of right not to have authorship falsely attributed
195AQ.Infringement of right of integrity of authorship
195AR.No infringement of right of attribution of authorship if it was reasonable not to identify the author
195AS.No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable
195AT.Certain treatment of works not to constitute an infringement of the author's right of integrity of authorship
195AU.Infringement by importation for sale or other dealing
195AV.Infringement by sale and other dealings
195AVA.Matters to be taken into account
195AVB.Communication by use of certain facilities
195AW.Author's consent to act or omission—films or works in films
195AWA.Author's consent to act or omission—work that is not a film or included in a film
195AWB.Consent invalidated by duress or false or misleading statements
195AX.Acts or omissions outside Australia
COPYRIGHT ACT 1968
Division 7—Remedies for infringements of moral rights


195AY.Definition etc.
195AZ.Actions for infringement of moral rights
195AZA.Remedies for infringements of moral rights
195AZB.Saving of other rights and remedies
195AZC.Jurisdiction of courts
195AZD.Presumption as to subsistence of copyright
195AZE.Presumption as to subsistence of moral rights
195AZF.Presumptions in relation to authorship of work
195AZG.Other presumptions in relation to literary, dramatic, musical or artistic work
COPYRIGHT ACT 1968
Division 8—Miscellaneous


195AZH.Parts of works
195AZI.Works of joint authorship
195AZJ.Cinematograph films that have more than one principal director
195AZK.Cinematograph films that have more than one principal producer
195AZL.Cinematograph films that have more than one principal screenwriter
195AZM.Application—right of attribution of authorship
195AZN.Application—right not to have authorship falsely attributed
195AZO.Application—right of integrity of authorship
COPYRIGHT ACT 1968
Part X—Miscellaneous

195A. Interpretation
195B. Review of certain decisions
196. Assignments and licences in respect of copyright
197. Prospective ownership of copyright
198. Copyright to pass under will with unpublished work
198A. Non-infringement of trade mark in relation to the importation of copyright material
199. Reception of broadcasts
200. Use of works and broadcasts for educational purposes
200AA.Use of broadcasts by institutions assisting persons with an intellectual disability
201. Delivery of library material to the National Library
202. Groundless threats of legal proceedings
203. Limitation on power of courts to grant relief in proceedings under this Act
203A. Retention of declarations in relation to copies made by libraries, archives or institutions
203D. Arrangement of declarations and records
203E. Inspection of records and declarations retained by libraries, archives or institutions
203F. Additional offences in relation to the making and retention of records and declarations
203G. Additional offences relating to declarations under subsections 116A(3) and 132(5F)
203H. Notation of certain copies etc.
COPYRIGHT ACT 1968
Part XI—Transitional

COPYRIGHT ACT 1968
Division 1—Preliminary


204. Interpretation
205. References to making of works, recordings and films
206. References in other laws or instruments to copyright
207. Application
208. Authorship of photographs
209. Publication
COPYRIGHT ACT 1968
Division 2—Original works


210. Expired copyright not to revive
211. Original works in which copyright subsists
213. Ownership of copyright
214. Infringement by importation, sale and other dealings
215. Recording of musical works
216. Publication of artistic works
217. Reconstruction of buildings
218. Industrial designs
219. Reproduction of work upon payment of royalties
COPYRIGHT ACT 1968
Division 3—Subject-matter other than works


220. Sound recordings
221. Cinematograph films
222. Application of Act to dramatic works and photographs comprised in cinematograph films
223. Television broadcasts and sound broadcasts
224. Published editions of works
225. Infringement by importation, sale and other dealings
COPYRIGHT ACT 1968
Division 4—Miscellaneous


226. Actions for infringement
227. Infringing copies
228. Actions where copyright subject to exclusive licence
229. Offences and summary proceedings
230. Limitation of actions
231. Restriction of importation of printed copies of works
232. References and applications to Tribunal in relation to licence schemes
233. Duration of Crown copyright in photographs
234. Duration of Crown copyright in recordings
235. Crown copyright in films
236. Works made or published by international organizations
237. Subject-matter, other than original works, made or published by international organizations
239. Assignments and licences
240. Bequests
241. Delivery of library material to National Library
242. Groundless threats of legal proceedings
COPYRIGHT ACT 1968
Division 5—Works made before 1 July, 1912


243. Interpretation
244. Application
245. Rights conferred by Copyright Act, 1911
246. Performing rights
247. Contributions to periodicals
248. Assignments and licences
COPYRIGHT ACT 1968
Part XIA—Performers' protection

COPYRIGHT ACT 1968
Division 1—Preliminary


248A. Interpretation
248B. Educational purposes
248C. Exempt recordings cease to be exempt recordings in certain circumstances
248CA.Protection period
248D. Private and domestic use
248F. Application
COPYRIGHT ACT 1968
Division 2—Actions by performers


248G. What constitutes unauthorised use
248H. Copying sound recordings for broadcasting
248J. Actions for unauthorised use
248K. Exercise of jurisdiction
248L. Appeals
248M. Jurisdiction of Federal Court
248MA.Jurisdiction of Federal Magistrates Court
248N. Right to bring an action not assignable
COPYRIGHT ACT 1968
Division 3—Offences


248P. Offences involving unauthorised recording, broadcasting etc. of performances
248Q. Other offences in relation to performances
248QA.Further offences relating to sound recordings of certain performances
248QB.Protection against multiple prosecutions for same act
248S. Prosecutions for offences
248T. Destruction or delivery up of unauthorised recordings
COPYRIGHT ACT 1968
Division 4—Extension of protection to foreign countries


248U. Application to foreign countries
248V. Denial of protection to citizens of countries not giving adequate protection to Australian performances
COPYRIGHT ACT 1968
Part XII—Regulations

249. Regulations
COPYRIGHT ACT 1968
The Schedule

COPYRIGHT ACT 1968
Notes to the Copyright Act 1968

Note 2

Table A

Table B

---

[Browse Databases] [Alphabetical Index] ['Co' Index]
[Download Act] [Search Act] [Back to top]