WIPO Lex

Prepared by the Office of Parliamentary Counsel, Canberra

Copyright (International Protection)

Regulations 1969

Statutory Rules No. 60, 1969 as amended

made under the

Copyright Act 1968

Compilation start date: 1 July 2013

Includes amendments up to: SLI No. 134, 2013

Federal Register of Legislative Instruments F2013C00711

About this compilation

This compilation

This is a compilation of the Copyright (International Protection) Regulations

1969 as in force on 1 July 2013. It includes any commenced amendment

affecting the legislation to that date.

This compilation was prepared on 19 August 2013.

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the

compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment is affected by an application,

saving or transitional provision that is not included in this compilation, details

are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force,

details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have

effect in accordance with a provision of the law, details are included in the

endnotes.

Federal Register of Legislative Instruments F2013C00711

Copyright (International Protection) Regulations 1969 i

Contents

Part 1—Preliminary 1 1 Name of regulations ..........................................................................1

2 Commencement.................................................................................1

3 Interpretation .....................................................................................1

Part 2—Application of Act to works and subject-matter other

than a work 7 4 Protection—Berne Convention countries, UCC countries,

USA, Rome Convention countries, WPPT countries and

WTO countries (Act s 184) ...............................................................7

5 Copyright not to subsist in overseas editions in certain cases..........10

6 Copyright in certain sound recordings may include right to

cause the recording to be heard in public.........................................11

7 Copyright in certain sound recordings may include right to

broadcast the recording....................................................................12

Part 3—Application of Act to performances 14 8 Protection—Rome Convention countries, WPPT countries

and WTO countries (Act s 248U)....................................................14

Part 4—Works made etc before application of Act and

Regulations 17 9 Works made before 1 July 1912 ......................................................17

10 Works first published before 1 May 1969 .......................................17

11 Sound recording made before 1 May 1969—UCC countries ..........18

12 Published works etc relating to post-1969 UCC countries ..............18

13 Action taken in relation to works etc before a foreign country

becomes a country to which these Regulations apply......................19

14 Saving..............................................................................................20

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ii Copyright (International Protection) Regulations 1969

Schedule 3—Countries that provide rights for

secondary uses of sound recordings 21

Endnotes 24

Endnote 1—About the endnotes 24

Endnote 2—Abbreviation key 26

Endnote 3—Legislation history 27

Endnote 4—Amendment history 28

Endnote 5—Uncommenced amendments [none] 31

Endnote 6—Modifications [none] 31

Endnote 7—Misdescribed amendments [none] 31

Endnote 8—Miscellaneous [none] 31

Federal Register of Legislative Instruments F2013C00711

Preliminary Part 1

Regulation 1

Copyright (International Protection) Regulations 1969 1

Part 1—Preliminary

1 Name of regulations

These regulations are the Copyright (International Protection)

Regulations 1969.

2 Commencement

These Regulations shall come into operation on the date fixed by

Proclamation under section 2 of the Act.

3 Interpretation

(1) In these Regulations, unless the contrary intention appears:

amending Regulations means the Copyright (International

Protection) Amendment Regulations 2003 (No. 1).

at a material time means:

(a) in relation to, or in relation to the application of the Act in

respect of, a work or subject matter other than a work that is

unpublished:

(i) at the time when the work or subject-matter other than a

work was made; or

(ii) if the making of the work or subject-matter other than a

work extended over a period—over a substantial part of

that period; and

(b) in relation to, or in relation to the application of the Act in

respect of, a work or subject-matter other than a work that

has been published—at the time when the work or

subject-matter other than a work was first published; and

the time when that broadcast was made; and

(d) in relation to a performance—the time when the performance

was given.

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Part 1 Preliminary

Regulation 3

2 Copyright (International Protection) Regulations 1969

Australian retransmission means a retransmission of a television

broadcast:

(a) over the Internet; and

(b) made from a place in Australia.

Australian television broadcast means a television broadcast

mentioned in section 91 of the Act.

Berne Convention country:

(a) means a foreign country that is a party to the International

Convention for the Protection of Literary and Artistic Works

concluded at Berne on 9 September 1886 (the Berne

Convention); and

(b) if application of the Berne Convention is extended, in

accordance with international law, to a territory (however

described) of the foreign country—includes that territory.

Note 1: For information as to which countries are parties to the Berne

Convention, see, for example, the World Intellectual Property

Organization website at www.wipo.int.

Note 2: For the application of these Regulations, before the commencement of

the amending Regulations, to a territory of a foreign country, see

subregulation 3 (4) before its repeal by the amending Regulations.

broadcaster, for an encoded broadcast, has the meaning given by

section 135AL of the Act.

encoded broadcast has the meaning given by section 135AL of the

Act.

foreign country means a country other than Australia.

performance means a performance of a kind referred to in

paragraph (a), (b), (c), (d) or (e) of the definition of performance

in subsection 248A (1) of the Act but does not include a

performance of a kind referred to in subsection 248A (2) of the

Act.

relevant broadcaster, in relation to a sound broadcast or a

television broadcast, means a person who:

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Preliminary Part 1

Regulation 3

Copyright (International Protection) Regulations 1969 3

(a) is entitled, under the law of the country from which the sound

broadcast or television broadcast is made, to make that sound

broadcast or television broadcast; and

(b) is, at a material time:

(i) a citizen or national of that country; or

(ii) a person resident in, or a body corporate that has its

headquarters in, that country.

Rome Convention country:

(a) means a foreign country that is a party to the International

Convention for the Protection of Performers, Producers of

Phonograms and Broadcasting Organisations done at Rome

on 26 October 1961 (the Rome Convention); and

(b) if application of the Rome Convention is extended, in

accordance with international law, to a territory (however

described) of the foreign country—includes that territory.

Note 1: For information as to which countries are parties to the Rome

Convention, see, for example, the World Intellectual Property

Organization website at www.wipo.int.

Note 2: For the application of these Regulations, before the commencement of

the amending Regulations, to a territory of a foreign country, see

subregulation 3 (4) before its repeal by the amending Regulations.

Schedule 3 country:

(a) means a country that is specified in Schedule 3 as a country

that provides rights for secondary uses of sound recordings;

and

(b) if a territory (however described) of the country also provides

those rights—includes that territory.

Note: For the application of these Regulations, before the commencement of

the amending Regulations, to a territory of a foreign country, see

subregulation 3 (4) before its repeal by the amending Regulations.

subject-matter other than a work means any of the following:

(a) a published edition of a work or works;

(b) a sound recording;

(d) a sound broadcast;

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Part 1 Preliminary

Regulation 3

4 Copyright (International Protection) Regulations 1969

(e) a television broadcast.

the Act means the Copyright Act 1968.

UCC country:

(a) means a foreign country that:

(i) is a party to the Universal Copyright Convention; and

(ii) is neither a Berne Convention country nor a WTO

country; and

(b) if application of the Universal Copyright Convention is

extended, in accordance with international law, to a territory

(however described) of the foreign country—includes that

territory.

Note 1: For information as to which countries are parties to the Universal

Educational, Scientific and Cultural Organization website at

www.unesco.org.

Note 2: For the application of these Regulations, before the commencement of

the amending Regulations, to a territory of a foreign country, see

subregulation 3 (4) before its repeal by the amending Regulations.

Universal Copyright Convention means the Universal Copyright

Convention concluded at Geneva on 6 September 1952.

US broadcaster means a broadcaster who:

(a) is entitled, under the law of the United States of America, to

make an encoded broadcast; and

(b) is, at a material time:

(i) a citizen or national of the United States of America; or

(ii) a person resident in, or a body corporate that has its

headquarters in, the United States of America.

US television broadcast means a television broadcast made from a

place in the United States of America, at a material time, by a

relevant broadcaster.

WCT country means a foreign country that is a party to the WIPO

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Preliminary Part 1

Regulation 3

Copyright (International Protection) Regulations 1969 5

Note: For information as to which countries are parties to the WIPO

Organization website at www.wipo.int.

WPPT country means a foreign country that is a party to the WIPO

Performances and Phonograms Treaty concluded at Geneva on

20 December 1996.

Note: For information as to which countries are parties to the WIPO

Performances and Phonograms Treaty, see, for example, the World

Intellectual Property Organization website at www.wipo.int.

WTO country:

(a) means a foreign country (including a separate customs

territory) that is a member of the World Trade Organization;

and

(b) if the foreign country’s membership in the World Trade

Organization is extended, in accordance with international

law, to include a territory (however described) of the foreign

country—includes that territory.

Note 1: For information as to which countries are members of the World

Trade Organization, see, for example, the World Trade Organization

website at www.wto.org.

Note 2: For the application of these Regulations, before the commencement of

the amending Regulations, to a territory of a foreign country, see

subregulation 3 (4) before its repeal by the amending Regulations.

(3) Without limiting the application in relation to these Regulations of

paragraph 46 (1) (a) of the Acts Interpretation Act 1901, an

expression used in any of these Regulations that:

(a) is also used in a section of the Act for the purposes of which,

or of a provision of which, that regulation is made; and

(b) has, in that section, a defined or other specified meaning;

has the same meaning in that regulation.

(5) For the purposes of these Regulations, protection in the nature of

subject-matter other than a work under the law of a country other

than Australia if that law confers on the person entitled to the

protection the exclusive right to do in that country in relation to the

work or subject-matter other than a work any one or more of the

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Part 1 Preliminary

Regulation 3

6 Copyright (International Protection) Regulations 1969

acts that are comprised in the copyright in the work or

subject-matter other than a work under the Act.

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Application of Act to works and subject-matter other than a work Part 2

Regulation 4

Copyright (International Protection) Regulations 1969 7

Part 2—Application of Act to works and

subject-matter other than a work

4 Protection—Berne Convention countries, UCC countries, USA,

Rome Convention countries, WPPT countries and WTO

countries (Act s 184)

Work, and subject-matter other than a work, made or first

published in a foreign country

(1) Subject to these Regulations, a provision of the Act that applies in

relation to a literary, dramatic, musical or artistic work or edition

first published, or a sound recording or cinematograph film made

or first published, in Australia (an Australian work or

subject-matter) applies in relation to a literary, dramatic, musical

or artistic work or edition first published, or a sound recording or

cinematograph film made or first published, in a Berne Convention

country, a Rome Convention country, a UCC country, a WCT

country, a WPPT country or a WTO country (a foreign work or

subject-matter):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian work or subject-matter; and

(b) as if the foreign work or subject-matter were made or first

published in Australia.

Live performance incorporated in a sound recording and having

connection with a foreign country

(1A) For subregulation (1), and subject to subregulation (1B), a

reference to a sound recording made or first published in a WPPT

country is taken to include a reference to a sound recording

(wherever made), incorporating a live performance given in a

WPPT country.

(1B) Subregulation (1A) applies only in relation to a person who is:

(a) a maker of the sound recording; and

Federal Register of Legislative Instruments F2013C00711

Part 2 Application of Act to works and subject-matter other than a work

Regulation 4

8 Copyright (International Protection) Regulations 1969

(b) a performer in the performance.

Artistic work that is a building, or is attached to or forms part of a

building, in a foreign country

(2) Subject to these Regulations, a provision of the Act that applies in

relation to an artistic work that is a building (or that is attached to,

or forms part of, a building) situated in Australia (an Australian

artistic work) applies in relation to an artistic work that is a

building (or that is attached to, or forms part of, a building) situated

in a Berne Convention country, a UCC country, a WCT country or

a WTO country (a foreign artistic work):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian artistic work; and

(b) as if the foreign artistic work were situated in Australia.

Work and subject-matter other than a work—citizen or national of

a foreign country

(3) Subject to these Regulations, a provision of the Act relating to a

work or subject-matter other than a work that applies in relation to

a person who, at a material time, is an Australian citizen applies in

relation to a person who, at a material time, is a citizen or national

of a Berne Convention country, a Rome Convention country, a

UCC country, a WCT country, a WPPT country or a WTO country

(a foreign citizen):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian citizen; and

(b) as if the foreign citizen were an Australian citizen.

Work and subject-matter other than a work—person resident in a

foreign country

(4) Subject to these Regulations, a provision of the Act relating to a

work or subject-matter other than a work that applies in relation to

a person who, at a material time, is resident in Australia (an

Australian resident) applies in relation to a person who, at a

material time, is resident in a Berne Convention country, a Rome

Convention country, a UCC country, a WCT country, a WPPT

country or a WTO country (a foreign resident):

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Application of Act to works and subject-matter other than a work Part 2

Regulation 4

Copyright (International Protection) Regulations 1969 9

(a) in the same way as the provision applies, under the Act, in

relation to an Australian resident; and

(b) as if the foreign resident were an Australian resident.

Work and subject-matter other than a work—body incorporated

under the law of a foreign country

(5) Subject to these Regulations, a provision of the Act relating to a

work or subject-matter other than a work that applies in relation to

a body incorporated, at a material time, under the law of the

Commonwealth or of a State (an Australian body corporate)

applies in relation to a body incorporated, at a material time, under

the law of a Berne Convention country, a Rome Convention

country, a UCC country, a WCT country, a WPPT country or a

WTO country (a foreign body corporate):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian body corporate; and

(b) as if the foreign body corporate were an Australian body

corporate.

Sound broadcast or television broadcast made from a place in a

foreign country

(6) Subject to these Regulations, a provision of the Act that applies in

relation to a sound broadcast, or a television broadcast, referred to

in section 91 of the Act (an Australian broadcast) applies in

relation to a sound broadcast, or a television broadcast, made at a

material time by a relevant broadcaster from a place in a Rome

Convention country (a foreign broadcast):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian broadcast; and

(b) as if the foreign broadcast were an Australian broadcast.

Broadcasts made before 1 January 1992

(7) Copyright does not, under subregulation (6), subsist in Australia in

a sound broadcast or a television broadcast made from a place

outside Australia before 1 January 1992.

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Part 2 Application of Act to works and subject-matter other than a work

Regulation 5

10 Copyright (International Protection) Regulations 1969

Australian retransmission of US television broadcasts

(7A) Subject to these Regulations, a provision of the Act that applies to

an Australian retransmission of an Australian television broadcast

applies in relation to an Australian retransmission of a US

television broadcast:

(a) in the same way as the provision applies, under the Act, in

relation to an Australian retransmission of an Australian

television broadcast; and

(b) as if the US television broadcast were an Australian

television broadcast.

Encoded broadcast made from the USA

(7B) Subject to these Regulations, a provision of Part VAA of the Act

that applies to an encoded broadcast made from a place in

Australia (an Australian encoded broadcast) applies in relation to

an encoded broadcast made at a material time by a US broadcaster

from a place in the United States of America (a US encoded

broadcast):

(a) in the same way as the provision applies, under the Act, in

relation to an Australian encoded broadcast; and

(b) as if the US encoded broadcast were an Australian encoded

broadcast.

Modification of Act

(8) To the extent that this regulation is inconsistent with the Act, the

application of the Act by these Regulations is modified.

5 Copyright not to subsist in overseas editions in certain cases

(1) Copyright that, under the Act, subsists in a published edition of a

work or works by reason only of the operation of these Regulations

subsists only so long as protection in the nature of copyright

subsists in relation to the edition under the law of a relevant

country.

(2) In this regulation:

Federal Register of Legislative Instruments F2013C00711

Application of Act to works and subject-matter other than a work Part 2

Regulation 6

Copyright (International Protection) Regulations 1969 11

relevant country means a Berne Convention country, a UCC

country, a WCT country or a WTO country:

(a) in which the edition was first published; or

(b) of which the publisher of the edition was a citizen or national

at a material time; or

material time; or

(d) under the law of which the publisher, being a body corporate,

was incorporated at a material time.

(3) To the extent that this regulation is inconsistent with the Act, the

application of the Act by these Regulations is modified.

6 Copyright in certain sound recordings may include right to cause

the recording to be heard in public

(1) This regulation applies to a published sound recording if:

(a) under the Act, copyright subsists in the recording by reason

only of the operation of these Regulations, or the operation of

these Regulations and subsection 89 (3) of the Act; and

(b) either:

(i) the recording has been published in Australia; or

(ii) a period of 7 weeks has elapsed from the date of the first

publication of the recording.

Note: A sound recording first published in a foreign country could, under

subsection 29 (5) of the Act, be a sound recording that is taken to be

first published in Australia, to which subsection 89 (3) of the Act

applies.

(2) Copyright that subsists in the recording includes the exclusive right

to cause the recording to be heard in public, only if:

(a) the maker of the recording was, at the time when the

recording was made:

(i) a citizen or national of a Schedule 3 country; or

(ii) a person resident in, or a body corporate incorporated

under the law of, a Schedule 3 country; or

(b) the recording was made in a Schedule 3 country.

Federal Register of Legislative Instruments F2013C00711

Part 2 Application of Act to works and subject-matter other than a work

Regulation 7

12 Copyright (International Protection) Regulations 1969

(3) The application of section 105 of the Act by these Regulations is

modified by the operation of this regulation.

7 Copyright in certain sound recordings may include right to

broadcast the recording

(1) This regulation applies to a published sound recording if:

(a) under the Act, copyright subsists in the recording by reason

only of the operation of these Regulations, or the operation of

these Regulations and subsection 89 (3) of the Act; and

(b) either:

(i) the recording has been published in Australia; or

(ii) a period of 7 weeks has elapsed from the date of the first

publication of the recording and the recording is not a

performance-related recording.

Note: A sound recording first published in a foreign country could, under

subsection 29 (5) of the Act, be a sound recording that is taken to be

first published in Australia, to which subsection 89 (3) of the Act

applies.

(2) Copyright that subsists in the recording includes the exclusive right

to broadcast the recording, only if:

(a) the maker of the recording was, at the time when the

recording was made:

(i) a citizen or national of a Schedule 3 country; or

(ii) a person resident in, or a body corporate incorporated

under the law of, a Schedule 3 country; or

(b) the recording was made in a Schedule 3 country.

(3) For this regulation, a recording is a performance-related recording

if:

(a) the recording consists of, or includes, a musical work in

which copyright subsists; and

(b) the musical work:

(i) was made for the purpose of being performed, or has

been performed, in association with a dramatic work; or

(ii) has been included in a cinematograph film; and

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Application of Act to works and subject-matter other than a work Part 2

Regulation 7

Copyright (International Protection) Regulations 1969 13

(whether by sale or otherwise) to the public in Australia.

(4) For paragraph (3) (c), a supply of recordings of a musical work is

disregarded if the supply was done otherwise than by, or with the

licence of, the owner of the copyright in the work.

(5) The application of section 105 of the Act by these Regulations is

modified by the operation of this regulation.

Federal Register of Legislative Instruments F2013C00711

Part 3 Application of Act to performances

Regulation 8

14 Copyright (International Protection) Regulations 1969

Part 3—Application of Act to performances

8 Protection—Rome Convention countries, WPPT countries and

WTO countries (Act s 248U)

Definitions

(1) In this regulation:

applicable provision, in relation to a participating country, means:

(a) if the participating country is a WTO country or a WPPT

country but not a Rome Convention country—a provision of

Part XIA of the Act relating to sound recordings, or

communication to the public of live performances; and

(b) in any other case—each provision of Part XIA of the Act.

participating country means:

(a) a Rome Convention country; or

(b) a WPPT country; or

Performance given in a foreign country

(2) An applicable provision applies in relation to a performance given

in a participating country (a foreign performance):

(a) in the same way as the provision applies, under the Act, in

relation to a performance given in Australia; and

(b) as if the foreign performance were given in Australia.

Sound recording made in a foreign country of a performance

(2A) An applicable provision applies in relation to a sound recording,

made in a participating country (a foreign sound recording), of a

performance:

(a) in the same way as the provision applies, under the Act, in

relation to a sound recording of a performance given in

Australia; and

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Application of Act to performances Part 3

Regulation 8

Copyright (International Protection) Regulations 1969 15

(b) as if the foreign sound recording were made in Australia.

Broadcast made in a foreign country of a performance

(2B) An applicable provision applies in relation to a broadcast, made by

a relevant broadcaster from a place in a participating country (a

foreign broadcast), of a performance:

(a) in the same way as the provision applies, under the Act, in

relation to a broadcast of a performance given in Australia;

and

(b) as if the foreign broadcast were made in Australia.

Sound recording made by a citizen, national or resident of a

foreign country of a performance

(2C) An applicable provision applies in relation to a sound recording,

made by a person who is a citizen, national or resident of a

participating country (a foreign person), of a performance:

(a) in the same way as the provision applies, under the Act, in

relation to a sound recording of a performance given in

Australia; and

(b) as if the foreign person were an Australian citizen or resident.

Citizen or national of a foreign country

(3) An applicable provision applies in relation to a person who, at a

material time, is a citizen or national of a participating country (a

foreign citizen):

(a) in the same way as the provision applies, under the Act, in

relation to a person who, at a material time, is an Australian

citizen; and

(b) as if the foreign citizen were an Australian citizen.

Person resident in a foreign country

(4) An applicable provision applies in relation to a person who, at a

material time, is resident in a participating country (a foreign

resident):

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Part 3 Application of Act to performances

Regulation 8

16 Copyright (International Protection) Regulations 1969

(a) in the same way as the provision applies, under the Act, in

relation to a person who, at a material time, is resident in

Australia; and

(b) as if the foreign resident were resident in Australia.

Performance given before 2 January 1992

(6) Subject to subregulation (7), no rights arising under this regulation

subsist in Australia in relation to a performance given before

2 January 1992 if the performance relates to a Rome Convention

country.

(7) Subregulation (6) does not apply if:

(a) the country is also a WTO country or a WPPT country; and

(b) the rights arising under this regulation are in relation to a

provision of Part XIA of the Act relating to sound recordings,

or communication to the public of live performances.

Modification of Act

(8) To the extent that this regulation is inconsistent with the Act, the

application of the Act by these Regulations is modified.

Federal Register of Legislative Instruments F2013C00711

Works made etc before application of Act and Regulations Part 4

Regulation 9

Copyright (International Protection) Regulations 1969 17

Part 4—Works made etc before application of Act

and Regulations

9 Works made before 1 July 1912

(1) This regulation applies to a work that was made before 1 July 1912

if:

(a) the work was first published or performed in a country that is

a Berne Convention country, a WCT country or a WTO

country; or

(b) the author of the work was, at a material time, a citizen or

national of, or resident in, a country that is a Berne

Convention country, a WCT country or a WTO country.

(2) Division 5 of Part XI of the Act applies to the work as if:

(a) for the purpose of determining whether a right (existing

right) subsisted immediately before the commencement of

the Copyright Act, 1911:

(i) the work was first published or performed in Australia;

(ii) the author of the work was, at a material time, an

Australian citizen or resident in Australia; and

(b) any right that, by virtue of section 24 of the Copyright Act,

1911, would have been conferred in place of any existing

right were a right conferred by the Copyright Act, 1911.

10 Works first published before 1 May 1969

(1) This regulation applies to a work that was first published, before

the commencement of the Act, in a country that is a Berne

Convention country, a WCT country or a WTO country.

(2) Section 210 of the Act applies to the work as if, for the purpose of

determining whether copyright subsisted under the Copyright Act,

1911, the work was first published in Australia.

Federal Register of Legislative Instruments F2013C00711

Part 4 Works made etc before application of Act and Regulations

Regulation 11

18 Copyright (International Protection) Regulations 1969

11 Sound recording made before 1 May 1969—UCC countries

(1) This regulation applies to a sound recording in which copyright

subsists, under the Act, by reason only of either, or both, of the

following:

(a) the maker of the sound recording having been, at the time

when the recording was made:

(i) a citizen or national of a country that is a UCC country;

(ii) a person resident in, or a body corporate incorporated

under the law of, a country that is a UCC country;

(b) the first publication of the recording having taken place in a

country that is a UCC country.

(2) Section 89 of the Act, as applied by regulation 4, does not apply to

the sound recording if the recording was made before 1 May 1969.

12 Published works etc relating to post-1969 UCC countries

(1) This regulation applies to:

(a) a literary, dramatic, musical or artistic work or edition that

was first published in a country that is a post-1969 UCC

country; and

(b) a published sound recording or a published cinematograph

film that was made or first published in a country that is a

post-1969 UCC country; and

to, or forms part of, a building) situated in a post-1969 UCC

country; and

(d) a published work the author of which, an edition the

publisher of which, or a published sound recording or a

published cinematograph film the maker of which, was at a

material time:

(i) a citizen or national of a country that is a post-1969

UCC country; or

(ii) a person resident in, or a body corporate incorporated

under the law of, a country that is a post-1969 UCC

country.

Federal Register of Legislative Instruments F2013C00711

Works made etc before application of Act and Regulations Part 4

Regulation 13

Copyright (International Protection) Regulations 1969 19

(2) Copyright that, under the Act, subsists in a work, edition, recording

or film by reason of the operation of these Regulations does not

subsist in a work, edition, recording or film mentioned in

subregulation (1), if the work, edition, recording or film was first

published before the day on which the country became a party to

the Universal Copyright Convention.

(3) In this regulation:

post-1969 UCC country means a UCC country that became a party

to the Universal Copyright Convention after 1 May 1969.

(4) To the extent that this regulation is inconsistent with the Act, the

application of the Act by these Regulations is modified.

13 Action taken in relation to works etc before a foreign country

becomes a country to which these Regulations apply

(1) This regulation applies if:

(a) a person (the affected person) has taken any action in

relation to a work, a subject-matter other than a work or a

performance at any time before the date of a relevant event;

and

(b) the affected person has, because of the action, incurred

expenditure or liability; and

(i) the action, being a use of the work, subject-matter or

performance, was at the time lawful; or

(ii) the action was taken for the purpose of, or with a view

to, a use of the work, subject-matter or performance at a

time when the use would, but for the relevant event,

have been lawful.

(2) The affected person continues to be entitled to any right and

interest, arising in connection with the action, that is subsisting and

valuable immediately before the date of the relevant event, unless

the exclusive right holder has agreed to pay reasonable

compensation to the affected person.

(3) In this regulation:

Federal Register of Legislative Instruments F2013C00711

Part 4 Works made etc before application of Act and Regulations

Regulation 14

20 Copyright (International Protection) Regulations 1969

convention country means:

(a) a Berne Convention country; or

(b) a UCC country; or

(d) a WCT country; or

(e) a WPPT country; or

(f) a WTO country.

exclusive right holder means the person who, as a result of the

relevant event, has the exclusive right over the use of the work,

subject-matter or performance.

relevant event means:

(a) the commencement of the amending Regulations; or

(b) after that commencement, an event that results in a foreign

country (or a territory of a foreign country) becoming a

convention country in relation to which these Regulations

apply in relation to the work, subject-matter or performance.

(4) To the extent that this regulation is inconsistent with the Act, the

application of the Act by these Regulations is modified.

(5) Despite subregulation (4), subregulation (2) applies subject to

section 248QA of the Act as applied by these Regulations.

Note: A person of the kind described in subregulation (1) who took an action

described in that subregulation may, if regulation 11, 12 or 13 of these

Regulations (as in force before the commencement of the amending

Regulations) applied to the person, continue, in the absence of

reasonable compensation, to be entitled, under that regulation, to a

right or interest arising in connection with the action.

14 Saving

Nothing in regulation 13 affects any right or interest preserved, or

liability arising, under any of regulations 11, 12 and 13 as in force

before the commencement of the amending Regulations.

Federal Register of Legislative Instruments F2013C00711

Countries that provide rights for secondary uses of sound recordings Schedule 3

Copyright (International Protection) Regulations 1969 21

Schedule 3—Countries that provide rights for

secondary uses of sound recordings Note: See the definition of Schedule 3 country in subregulation 3(1).

Countries that provide rights for secondary uses of sound recordings

Algeria

Argentina

Armenia

Austria

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belgium

Benin

Bolivia

Bosnia and Herzegovina

Botswana

Brazil

Canada

Chile

Colombia

Costa Rica

Cyprus

Czech Republic

Denmark

Dominican Republic

Ecuador

Estonia

Fiji

Finland

France

Federal Register of Legislative Instruments F2013C00711

Schedule 3 Countries that provide rights for secondary uses of sound recordings

22 Copyright (International Protection) Regulations 1969

Countries that provide rights for secondary uses of sound recordings

Georgia

Germany

Ghana

Greece

Guatemala

Guinea

Holy See

Honduras

Iceland

India

Ireland

Israel

Italy

Jamaica

Japan

Kazakhstan

Liberia

Liechtenstein

Luxembourg

Malaysia

Malta

Mauritius

Mexico

Montenegro

Morocco

Netherlands

New Zealand

Norway

Oman

Pakistan

Panama

Paraguay

Philippines

Poland

Federal Register of Legislative Instruments F2013C00711

Countries that provide rights for secondary uses of sound recordings Schedule 3

Copyright (International Protection) Regulations 1969 23

Countries that provide rights for secondary uses of sound recordings

Portugal

Republic of Korea

Romania

Russian Federation

Saint Vincent and the Grenadines

Slovakia

Spain

Sweden

Tajikistan

Thailand

The former Yugoslav Republic of Macedonia

Trinidad and Tobago

Turkey

United Arab Emirates

United Kingdom

Uruguay

Venezuela

Vietnam

Federal Register of Legislative Instruments F2013C00711

Endnotes

Endnote 1—About the endnotes

24 Copyright (International Protection) Regulations 1969

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this compilation and its

provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word ―none‖ will

appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in

the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended the compiled law. The information includes commencement

information for amending laws and details of application, saving or transitional

provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision level. It also includes information about any provisions that have

expired or otherwise ceased to have effect in accordance with a provision of the

compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the

compiled law, but the text of the amendments is included in endnote 5.

Federal Register of Legislative Instruments F2013C00711

Endnotes

Endnote 1—About the endnotes

Copyright (International Protection) Regulations 1969 25

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the

modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment

cannot be incorporated into the text of the compilation. Any misdescribed

amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader

of the compilation.

Federal Register of Legislative Instruments F2013C00711

Endnotes

Endnote 2—Abbreviation key

26 Copyright (International Protection) Regulations 1969

Endnote 2—Abbreviation key

ad = added or inserted pres = present

am = amended prev = previous

c = clause(s) (prev) = previously

Ch = Chapter(s) Pt = Part(s)

def = definition(s) r = regulation(s)/rule(s)

Dict = Dictionary Reg = Regulation/Regulations

disallowed = disallowed by Parliament reloc = relocated

Div = Division(s) renum = renumbered

exp = expired or ceased to have effect rep = repealed

hdg = heading(s) rs = repealed and substituted

LI = Legislative Instrument s = section(s)

LIA = Legislative Instruments Act 2003 Sch = Schedule(s)

mod = modified/modification Sdiv = Subdivision(s)

No = Number(s) SLI = Select Legislative Instrument

o = order(s) SR = Statutory Rules

Ord = Ordinance Sub-Ch = Sub-Chapter(s)

orig = original SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

Federal Register of Legislative Instruments F2013C00711

Endnotes

Endnote 3—Legislation history

Copyright (International Protection) Regulations 1969 27

Endnote 3—Legislation history

Number and year Gazettal or FRLI

registration

Commencement Application, saving

and transitional

provisions

1969 No. 60 28 Apr 1969 1 May 1969 (see r. 2

and Gazette 1969, p.

2543)

1969 No. 65 1 May 1969 1 May 1969 —

1974 No. 137 8 Aug 1974 8 Aug 1974 r. 4 (2)

1980 No. 276 25 Sept 1980 25 Sept 1980 —

1981 No. 74 15 Apr 1981 15 Apr 1981 —

1983 No. 127 5 Aug 1983 5 Aug 1983 —

1984 No. 43 29 Mar 1984 29 Mar 1984 —

1990 No. 356 30 Nov 1990 30 Nov 1990 —

199 No. 357 30 Nov 1990 1 Dec 1990 —

1991 No. 451 19 Dec 1991 1 Jan 1992 —

1991 No. 452 19 Dec 1991 2 Jan 1992 —

1992 No. 124 14 May 1992 14 May 1992 —

1993 No. 214 3 Aug 1993 3 Aug 1993 —

1994 No. 114 3 May 1994 3 May 1994 —

1995 No. 67 11 Apr 1995 rr. 4–8, 10.1 and 10.10:

1 July 1995

Remainder: 11 Apr

1995

—

1995 No. 436 22 Dec 1995 22 Dec 1995 —

1998 No. 360 22 Dec 1998 22 Dec 1998 —

2001 No. 29 1 Mar 2001 1 Mar 2001 —

2003 No. 337 23 Dec 2003 23 Dec 2003 —

2004 No. 257 26 Aug 2004 1 Jan 2005 (see r. 2) —

2004 No. 362 23 Dec 2004 1 Jan 2005 (see r. 2) —

134, 2013 28 June 2013 (see

F2013L01220)

1 July 2013 —

Federal Register of Legislative Instruments F2013C00711

Endnotes

Endnote 4—Amendment history

28 Copyright (International Protection) Regulations 1969

Endnote 4—Amendment history

Provision affected How affected

Part 1

Heading to Part 1 ...........................ad. 2003 No. 337

r. 1 .................................................rs. 1998 No. 360

r. 3 .................................................am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991

Nos. 451 and 452; 1995 No. 67; 1998 No. 360; 2001

No. 29; 2003 No. 337; 2004 Nos. 257 and 362

Part 2

Part 2 .............................................ad. 2003 No. 337

Heading to r. 4 ...............................rs. 2004 Nos. 257 and 362

r. 4 .................................................am. 1980 No. 276; 1990 No. 357; 1991 No. 451; 1995 No. 67; 1998 No. 360;

2001 No. 29

rs. 2003 No. 337

am. 2004 Nos. 257 and 362

r. 4A ..............................................ad. 1991 No. 452

am. 2001 No. 29

rep. 2003 No. 337

r. 4B...............................................ad. 1994 No. 114

rs. 1995 No. 67

am. 2001 No. 29

rep. 2003 No. 337

r. 5 .................................................rep. 1998 No. 360

ad. 2003 No. 337

am. 2004 No. 257

r. 6 .................................................am. 1969 No. 65

rs. 1974 No. 137

am. 1980 No. 276

rs. 2003 No. 337

r. 7 .................................................am. 1969 No. 65

rs. 1974 No. 137

am. 1980 No. 276

Federal Register of Legislative Instruments F2013C00711

Endnotes

Endnote 4—Amendment history

Copyright (International Protection) Regulations 1969 29

Provision affected How affected

rs. 2003 No. 337

r. 7A ..............................................ad. 1969 No. 65

rep. 1974 No. 137

Part 3

Part 3 .............................................ad. 2003 No. 337

Heading to r. 8 ...............................rs. 2004 No. 257

r. 8 .................................................am. 1980 No. 276; 1990 No. 357; 1995 No. 67; 1998 No. 360; 2001 No. 29

rs. 2003 No. 337

am. 2004 No. 257

Part 4

Part 4 .............................................ad. 2003 No. 337

Heading to r. 9 ...............................am. 1998 No. 360

rs. 2003 No. 337

r. 9 .................................................am. 1980 No. 276; 1990 No. 357; 1995 No. 67; 1998 No. 360; 2001 No. 29

rs. 2003 No. 337

am. 2004 No. 257

r. 10 ...............................................rs. 1974 No. 137

am. 1980 No. 276; 1991 No. 451; 2001 No. 29

rs. 2003 No. 337

am. 2004 No. 257

r. 10A ............................................ad. 1991 No. 451

rep. 2003 No. 337

r. 10B.............................................ad. 1991 No. 452

rep. 2003 No. 337

r. 11 ...............................................am. 1974 No. 137; 1980 No. 276; 1990 No. 357; 1991 No. 451

rs. 2003 No. 337

r. 12 ...............................................ad. 1991 No. 451

am. 2001 No. 29

rs. 2003 No. 337

r. 13 ...............................................ad. 1991 No. 452

am. 1995 No. 67; 2001 No. 29

rs. 2003 No. 337

Federal Register of Legislative Instruments F2013C00711

Endnotes

Endnote 4—Amendment history

30 Copyright (International Protection) Regulations 1969

Provision affected How affected

am. 2004 No. 257

r. 14 ...............................................ad. 2003 No. 337

Schedules

Heading to the Schedules ..............rep. 1995 No. 67

First Schedule................................am. 1974 No. 137

rep. 1980 No. 276

Heading to Schedule 1...................rs. 1995 No. 67

rep. 2003 No. 337

Schedule 1 .....................................ad. 1980 No. 276

am. 1983 No. 127; 1990 Nos. 356 and 357; 1991 No. 451; 1993 No. 214;

1994 No. 114; 1995 Nos. 67 and 436; 1998 No. 360

rs. 2001 No. 29

rep. 2003 No. 337

Second Schedule............................am. 1974 No. 137

rep. 1980 No. 276

Heading to Third Schedule ............rep. 1980 No. 276

Third Schedule ..............................rs. 1974 No. 137

Heading to Schedule 3...................ad. 1980 No. 276

rs. 1995 No. 67; 2003 No. 337

Schedule 3 .....................................rs. 1981 No. 74; 1984 No. 43

am. 1991 No. 451; 1995 No. 67; 1998 No. 360

rs. 2001 No. 29; No 134, 2013

Federal Register of Legislative Instruments F2013C00711

Endnotes

Endnote 5—Uncommenced amendments [none]

Copyright (International Protection) Regulations 1969 31

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

Federal Register of Legislative Instruments F2013C00711

Australia

AU345

Copyright (International Protection) Regulations 1969 (consolidated as of July 1, 2013)