Copyright Act 1968/Part 1

Layout 2

Copyright

No. 63 of 1968

An Act relating to Copyright, and for other purposes.

[Assented to 27 June 1968]

BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title. 1. This Act may be cited as the Copyright Act 1968.

Commencement. 2. This Act shall come into operation on a date to be fixed by Proclamation.

Parts. 3. This Act is divided into Parts, as follows—

Part I.—Preliminary (Sections 1–9).

Part II.—Interpretation (Sections 10–30).

Part III.—Copyright in Original Literary, Dramatic, Musical and Artistic Works.

Division 1.—Nature, Duration and Ownership of Copyright in Works (Sections 31–35)

Division 2.—Infringement of Copyright in Works (Sections 36–39).

Division 3.—Acts not Constituting Infringements of Copyright in Works (Sections 40–44).

Division 4.—Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works (Sections 45–47).

Division 5.—Copying of Works in Libraries (Sections 48–53).

Division 6.—Recording of Musical Works (Sections 54–64).

Division 7.—Acts not Constituting Infringements of Copyright in Artistic Works (Sections 65–73).

Division 8.—Industrial Designs (Sections 74–77).

Division 9.—Works of Joint Authorship (Sections 78–83).

Part IV.—Copyright in Subject-Matter other than Works.

Division 1.—Preliminary (Section 84).

Division 2.—Nature of Copyright in Subject-Matter other than Works (Sections 85–88).

Division 3.—Subject-Matter, other than Works, in which Copyright Subsists (Sections 89–92).

Division 4.—Duration of Copyright in Subject-Matter other than Works (Sections 93–96).

Division 5.—Ownership of Copyright in Subject-Matter other than Works (Sections 97–100).

Division 6.—Infringement of Copyright in Subject-Matter other than Works (Sections 101–112).

Division 7.—Miscellaneous (Section 113).

Part V.—Remedies for Infringements of Copyright.

Division 1.—Preliminary (Section 114).

Division 2.—Actions by Owner of Copyright (Sections 115–116).

Division 3.—Proceedings where Copyright is subject to Exclusive Licence (Sections 117–125).

Division 4.—Proof of Facts in Copyright Proceedings (Sections 126–131).

Division 5.—Offences and Summary Proceedings (Sections 132–133).

Division 6.—Miscellaneous (Sections 134–135).

Part VI.—The Copyright Tribunal.

Division 1.—Preliminary (Sections 136–137).

Division 2.—Constitution of the Tribunal (Sections 138–147).

Division 3.—Inquiries by, and Applications and References to, the Tribunal (Sections 148–162).

Division 4.—Procedure and Evidence (Sections 163–169).

Division 5.—Miscellaneous (Sections 170–175).

Part VII.—The Crown (Sections 176–183).

Part VIII.—Extension or Restriction of Operation of Act (Sections 184–188).

Part IX.—False Attribution of Authorship (Sections 189–195).

Part X.—Miscellaneous (Sections 196–203).

Part XI.—Transitional.

Division 1.—Preliminary (Sections 204–209).

Division 2.—Original Works (Sections 210–219).

Division 3.—Subject-Matter other than Works (Sections 220–225).

Division 4.—Miscellaneous (Sections 226–242).

Division 5.—Works Made before 1 July, 1912 (Sections 243–248).

Part XII.—Regulations (Section 249).

Extension to external Territories. 4. This Act extends to every Territory of the Commonwealth not forming part of the Commonwealth.

Exclusion of Imperial Copyright Act, 1911. 5.—(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 sub-section in relation to matters to which that Part does not apply.

Repeal of Copyright Acts. 6. The following Acts are repealed:—

Copyright Act 1912;

Copyright Act 1933;

Copyright Act 1935;

Copyright Act 1963.

Act to bind the Crown. 7. Subject to Part VII., this Act binds the Crown but nothing in this Act renders the Crown liable to be prosecuted for an offence.

Copyright not to subsist except by virtue of this Act, the Designs Act or the prerogative of the Crown. 8.—(1.) Subject to the next succeeding sub-section, copyright does not subsist otherwise than by virtue of this Act or of the Designs Act 1906–1968.

(2.) This Act does not affect any prerogative right or privilege of the Crown.

Operation of other laws.

9.—(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 the State.

(2.) This Act does not relieve a person from complying with the requirements of sections 120 and 121 of the Broadcasting and Television Act 1942–1967.

(3.) This Act does not affect the operation of the law relating to breaches of trust or confidence.