À propos de la propriété intellectuelle Formation en propriété intellectuelle Respect de la propriété intellectuelle Sensibilisation à la propriété intellectuelle La propriété intellectuelle pour… Propriété intellectuelle et… Propriété intellectuelle et… Information relative aux brevets et à la technologie Information en matière de marques Information en matière de dessins et modèles industriels Information en matière d’indications géographiques Information en matière de protection des obtentions végétales (UPOV) Lois, traités et jugements dans le domaine de la propriété intellectuelle Ressources relatives à la propriété intellectuelle Rapports sur la propriété intellectuelle Protection des brevets Protection des marques Protection des dessins et modèles industriels Protection des indications géographiques Protection des obtentions végétales (UPOV) Règlement extrajudiciaire des litiges Solutions opérationnelles à l’intention des offices de propriété intellectuelle Paiement de services de propriété intellectuelle Décisions et négociations Coopération en matière de développement Appui à l’innovation Partenariats public-privé Outils et services en matière d’intelligence artificielle L’Organisation Travailler avec nous Responsabilité Brevets Marques Dessins et modèles industriels Indications géographiques Droit d’auteur Secrets d’affaires Académie de l’OMPI Ateliers et séminaires Application des droits de propriété intellectuelle WIPO ALERT Sensibilisation Journée mondiale de la propriété intellectuelle Magazine de l’OMPI Études de cas et exemples de réussite Actualités dans le domaine de la propriété intellectuelle Prix de l’OMPI Entreprises Universités Peuples autochtones Instances judiciaires Ressources génétiques, savoirs traditionnels et expressions culturelles traditionnelles Économie Financement Actifs incorporels Égalité des genres Santé mondiale Changement climatique Politique en matière de concurrence Objectifs de développement durable Technologies de pointe Applications mobiles Sport Tourisme PATENTSCOPE Analyse de brevets Classification internationale des brevets Programme ARDI – Recherche pour l’innovation Programme ASPI – Information spécialisée en matière de brevets Base de données mondiale sur les marques Madrid Monitor Base de données Article 6ter Express Classification de Nice Classification de Vienne Base de données mondiale sur les dessins et modèles Bulletin des dessins et modèles internationaux Base de données Hague Express Classification de Locarno Base de données Lisbon Express Base de données mondiale sur les marques relative aux indications géographiques Base de données PLUTO sur les variétés végétales Base de données GENIE Traités administrés par l’OMPI WIPO Lex – lois, traités et jugements en matière de propriété intellectuelle Normes de l’OMPI Statistiques de propriété intellectuelle WIPO Pearl (Terminologie) Publications de l’OMPI Profils nationaux Centre de connaissances de l’OMPI Série de rapports de l’OMPI consacrés aux tendances technologiques Indice mondial de l’innovation Rapport sur la propriété intellectuelle dans le monde PCT – Le système international des brevets ePCT Budapest – Le système international de dépôt des micro-organismes Madrid – Le système international des marques eMadrid Article 6ter (armoiries, drapeaux, emblèmes nationaux) La Haye – Le système international des dessins et modèles industriels eHague Lisbonne – Le système d’enregistrement international des indications géographiques eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Médiation Arbitrage Procédure d’expertise Litiges relatifs aux noms de domaine Accès centralisé aux résultats de la recherche et de l’examen (WIPO CASE) Service d’accès numérique aux documents de priorité (DAS) WIPO Pay Compte courant auprès de l’OMPI Assemblées de l’OMPI Comités permanents Calendrier des réunions WIPO Webcast Documents officiels de l’OMPI Plan d’action de l’OMPI pour le développement Assistance technique Institutions de formation en matière de propriété intellectuelle Mesures d’appui concernant la COVID-19 Stratégies nationales de propriété intellectuelle Assistance en matière d’élaboration des politiques et de formulation de la législation Pôle de coopération Centres d’appui à la technologie et à l’innovation (CATI) Transfert de technologie Programme d’aide aux inventeurs WIPO GREEN Initiative PAT-INFORMED de l’OMPI Consortium pour des livres accessibles L’OMPI pour les créateurs WIPO Translate Speech-to-Text Assistant de classification États membres Observateurs Directeur général Activités par unité administrative Bureaux extérieurs Avis de vacance d’emploi Achats Résultats et budget Rapports financiers Audit et supervision
Arabic English Spanish French Russian Chinese
Lois Traités Jugements Recherche par ressort juridique

Règlement relatif à la protection internationale du droit d'auteur (version consolidée du 1er mars 2001), Australie

Retour
Texte remplacé  Accéder à la dernière version dans WIPO Lex
Détails Détails Année de version 2001 Dates Entrée en vigueur: 1 mai 1969 Adopté/e: 28 avril 1969 Type de texte Textes règlementaires Sujet Droit d'auteur Notes Cette compilation englobe les modifications qui ont été apportées au Règlement de 1968 sur le droit d'auteur (protection internationale) jusqu'à la Loi n° 29 du 1 mars 2001.

Documents disponibles

Texte(s) principal(aux) Textes connexe(s)
Texte(s) princip(al)(aux) Texte(s) princip(al)(aux) Anglais Copyright (International Protection) Regulations 1969 (consolidated as of March 1, 2001)        
AU095: Copyright (International Protection), Regulations (Consolidation), 28/04/1969 (01/03/2001), No. 60 (No. 29)

Copyright (International Protection) Regulations 1969

Statutory Rules 1969 No. 60 as amended

Made Under the Copyright Act 1968

 

TABLE OF CONTENTS

Regulation

Name of Regulations 1

Commencement 2

Interpretation 3

Application of the Act 4

Application of Act to Performances 4A

Application of the Act to Certain Performances Having a Connection with Certain World Trade Organization Countries 4B

Copyright in Certain Sound Recordings not to Include the Exclusive Right to Cause the Recording to be Heard in Public 6

Copyright in Certain Sound Recordings not to Include Rights in Respect of Broadcast 7

Copyright not to Subsist in Overseas Editions in Certain Cases 8

Application of Certain Provisions of the Act to Certain Overseas Works and Other Subject Matter 9

Restriction of the Application of the Act to Certain Classes of Published Works and Subject-matter Other than Works 10

Application of the Act in Relation to Broadcasts 10A

Application of the Act in Relation to Performances 10B

Modification of Application of the Provisions of the Act 11

Modification of Application of Provisions of the Act to Sound Broadcasts and Television Broadcasts 12

Modification of Application of Provisions of the Act to Performances 13

Schedules 1 and 3

Notes to the Copyright (International Protection) Regulations 1969

 

This compilation was prepared on 1 March 2001
taking into account amendments up to SR 2001 No. 29

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Name of Regulations [see Note 1]

1. These regulations are the Copyright (International Protection) Regulations 1969.

Commencement [see Note 1]

2. These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.

Interpretation

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

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

(c) in relation to a sound broadcast or a television broadcast—the time when that broadcast was made; and

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

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 means a broadcasting organisation that:

(a) has its headquarters in the country from which the sound broadcast or the television broadcast, as the case may be, is made; and

(b) is entitled under the law of that country to make that sound broadcast or that television broadcast, as the case may be.

the Act means the Copyright Act 1968.

the International Convention for the Protection of Literary and Artistic Works means the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 or that Convention as revised from time to time.

the Universal Copyright Convention means the Universal Copyright Convention concluded at Geneva on 6 September 1952 or that Convention as revised from time to time.

(2) A reference in these Regulations to a subject-matter other than a work shall be read as a reference to a sound recording, a sound broadcast, a television broadcast, a cinematograph film or a published edition of a work or works.

(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.

(4) For the purposes of these Regulations, unless the contrary intention appears:

(a) the overseas Departments and Territories of France shall be deemed to form part of the territory of France;

(ba) the Netherland Antilles shall be deemed to form part of the territory of the Netherlands;

(c) the Cook Islands (including Niue) and the Tokelau Islands shall be deemed to form part of the territory of New Zealand;

(d) the overseas Provinces of Portugal shall be deemed to form part of the territory of Portugal;

(e) the Channel Islands, the Isle of Man and the colonies of, and states associated with, the United Kingdom shall be deemed to form part of the territory of the United Kingdom; and

(f) the Commonwealth of Puerto Rico, Guam and the Virgin Islands of the United States of America shall be deemed to form part of the territory of the United States of America.

(5) For the purposes of these Regulations, protection in the nature of copyright shall be deemed to be conferred in relation to a work or 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 acts that are comprised in the copyright in the work or subject-matter other than a work under the Act.

Application of the Act

4.—(1) Subject to these Regulations, the provisions of the Act apply in relation to literary, dramatic, musical and artistic works and editions first published, and sound recordings and cinematograph films made or first published, in a country that constitutes, or forms part of, the territory of a Country specified in Part 1, 2 or 5 of Schedule 1 in like manner as those provisions apply in relation to literary, dramatic, musical and artistic works and editions first published, and sound recordings and cinematograph films made or first published, in Australia.

(2) Subject to these Regulations, the provisions of the Act apply in relation to artistic works that:

(a) are buildings situated in a country that constitutes, or forms part of, the territory of a Country specified in Part 1, 2 or 5 of Schedule 1; or

(b) 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.

(3) Subject to these Regulations, the provisions of the Act relating to works and subject-matter other than a work apply in relation to persons who, at a material time, are citizens or nationals of a Country specified in Part 1, 2 or 5 of Schedule 1 in like manner as those provisions apply in relation to persons who, at a material time, are Australian citizens.

(4) Subject to these Regulations, the provisions of the Act relating to works and subject-matter other than a work apply in relation to persons who, at a material time, are resident in a country that constitutes, or forms part of, the territory of a Country specified in Part 1, 2 or 5 of Schedule 1 in like manner as those provisions apply in relation to persons who, at a material time, are resident in Australia.

(5) Subject to these Regulations, the provisions of the Act apply in relation to bodies incorporated under the law of a country that constitutes, or forms part of, the territory of a Country specified in Schedule 1 in like manner as those provisions apply in relation to bodies incorporated under a law of the Commonwealth or of a State.

(6) Subject to these Regulations, the provisions of the Act apply in relation to a sound broadcast or a television broadcast that has been made, at a material time, by a relevant broadcaster from a place in a country that constitutes, or forms part of, the territory of a country specified in Part 4 of Schedule 1 in the same way as those provisions apply in relation to a sound broadcast or a television broadcast made from a place in Australia.

Application of Act to Performances

4A.—(1) Subject to regulation 10B, the provisions of Part XIA of the Act apply to a performance given in a country that constitutes, or forms part of, the territory of a country specified in Part 4 of Schedule 1 in the same way as those provisions apply to a performance given in Australia.

(2) Subject to regulation 10B, the provisions of Part XIA of the Act apply to persons who at a material time are citizens or nationals of a country specified in Part 4 of Schedule 1 in the same way as those provisions apply to persons who, at a material time, are Australian citizens.

(3) Subject to regulation 10B, the provisions of Part XIA of the Act apply to persons who at a material time are resident in a country that constitutes, or forms part of the territory of, a country specified in Part 4 of Schedule 1 in the same way as those provisions apply to persons who, at a material time, are resident in Australia.

(4) Subject to regulation 10B, the provisions of Part XIA of the Act apply to the class of performances that comprises performances incorporated in a sound recording if:

(a) the maker of the sound recording of a performance is at a material time a citizen, a national or a resident of; or

(b) the first recording of the performance occurred in;

a country that constitutes, or forms part of the territory of, a country specified in Part 4 of Schedule 1.

(5) Subject to regulation 10B, the provisions of Part XIA of the Act apply to the class of performances that:

(a) comprises performances incorporated in a sound broadcast or a television broadcast (except performances to which subregulation (4) applies); and

(b) is made by a relevant broadcaster from a country that constitutes, or forms part of the territory of, a country specified in Part 4 of Schedule 1.

Application of the Act to Certain Performances Having a
Connection with Certain World Trade Organization Countries

4B.—(1) In this regulation:

relevant country means a country that constitutes, or forms part of, the territory of a country that:

(a) is specified in Part 5 of Schedule 1; and

(b) is not specified in Part 4 of Schedule 1.

(2) The provisions of Part XIA of the Act, relating to:

(a) sound recordings; and

(b) sound broadcasts of live performances; and

(c) sound transmissions of live performances to subscribers of diffusion services;

apply to the following performances:

(d) a performance by a performer who is a citizen, national or resident of a relevant country;

(e) a performance given in a relevant country;

(f) a performance recorded by a citizen, national or resident of a relevant country;

(g) a performance broadcast by a relevant broadcaster from a relevant country;

(h) a performance the first recording of which occurred in a relevant country.

Copyright in Certain Sound Recordings not to Include
the Exclusive Right to Cause the Recording to be Heard in Public

6.—(1) Where copyright subsists in a published sound recording by virtue only of the operation of these Regulations, or the operation of these Regulations and subsection (3) of section 89 of the Act, and:

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

(b) a period of seven weeks has elapsed from the date of the first publication of the recording;

copyright in the recording does not include the exclusive right to cause the recording to be heard in public unless:

(c) the maker of the recording was, at the time when the recording was made, a citizen or national of a country specified in Schedule 3;

(d) the maker of the recording was, at that time, a person resident in, or a body corporate incorporated under the law of, a country that constitutes, or forms part of, the territory of a country specified in Schedule 3; or

(e) the recording was made in a country that constitutes, or forms part of, the territory of a country specified in Schedule 3.

Copyright in Certain Sound Recordings not to Include Rights in
Respect of Broadcast

7.—(1) Subject to subregulations (2) and (3), where copyright subsists in a published sound recording by virtue only of the operation of these Regulations, or the operation of these Regulations and subsection (3) of section 89 of the Act, and:

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

(b) a period of seven weeks has elapsed from the date of the first publication of the recording;

copyright in the recording does not include the exclusive right to broadcast the recording unless:

(c) the maker of the recording was, at the time when the recording was made, a citizen or national of a country specified in Schedule 3;

(d) the maker of the recording was, at that time, a person resident in, or a body corporate incorporated under the law of, a country that constitutes or forms part of the territory of a country specified in Schedule 3; or

(e) the recording was made in a country that constitutes, or forms part of, the territory of a country specified in Schedule 3.

(2) This regulation does not apply in relation to a sound recording that has not been published in Australia if:

(a) the recording consists of, or includes, a musical work in which copyright subsists;

(b) the musical work was made for the purpose of being performed, or has been performed, in association with a dramatic work or has been included in a cinematograph film; and

(c) records of the musical work have not been supplied (whether by sale or otherwise) to the public in Australia.

(3) For the purposes of paragraph (c) of subregulation (2), a supply of records of a musical work shall be disregarded if the supply was done otherwise than by, or with the licence of, the owner of the copyright in the work.

Copyright not to Subsist in Overseas Editions in Certain Cases

8. Where copyright subsists in a published edition of a work or works by reason only of the operation of these Regulations, that copyright subsists only so long as protection in the nature of copyright subsists in relation to the edition under the law of any of the following countries:

(a) a country of which the publisher of the edition was a national or citizen at a material time, being a Country specified in Part 1, 2 or 5 of Schedule 1;

(b) a country:

(i) in which the edition was first published;

(ii) in which the publisher of the edition was resident at a material time; or

(iii) under the law of which the publisher of the edition, being a body corporate, was incorporated at a material time;

being a country that constitutes, or forms part of, the territory of a Country specified in Part 1, 2 or 5 of Schedule 1.

Application of Certain Provisions of the Act to
Certain Overseas Works and Other Subject Matter

9.—(1) Section 89 of the Act does not apply in relation to a sound recording that was made before the commencement of these Regulations if copyright subsists in the recording by reason only of any one or more of the following:

(a) the maker having been, at a material time, a national or citizen of a Country specified in Part 2 of Schedule 1;

(b) the maker having been, at a material time, a body corporate incorporated under the law of a country that constitutes, or forms part of, the territory of a Country so specified;

(c) the maker having been, at a material time, resident in a country that constitutes, or forms part of, the territory of a Country so specified;

(d) the first publication of the recording having taken place in a country that constitutes, or forms part of, the territory of a Country so specified.

(2) Where a work was first published before the commencement of the Act in a country specified in Part 1 or 5 of Schedule 1, section 210 of the Act applies to the work as if, for the purpose of determining, for the purpose of that section, whether copyright subsisted in a work under the Copyright Act, 1911 immediately before the commencement of the Act, the work was first published in Australia.

(3) Where, in relation to a work that was made before 1 July 1912:

(a) the work was first published or performed in; or

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

a country specified in Part 1 or 5 of Schedule 1, Division 5 of Part XI of the Act applies to the work as if:

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

(d) the author of the work was, at a material time, an Australian citizen or a resident of Australia.

Restriction of the Application of the Act to Certain Classes of
Published Works and Subject-matter Other than Works

10.—(1) Notwithstanding regulation 4, copyright does not subsist in a published literary, dramatic, musical or artistic work, a published edition, a published sound recording or a published cinematograph film by reason of the fact that:

(a) the work or edition was first published or the sound recording or cinematograph film was made or first published in a designated country;

(b) the work, being an artistic work that consists of a building or an artistic work attached to or forming part of a building, is situated in a designated country; or

(c) the author of the work, the publisher of the edition or the maker of the sound recording or cinematograph film is a citizen or national of, a person resident in, or a body corporate incorporated under the laws of, a designated country;

unless the work, edition, sound recording or cinematograph film was first published on or after the day on which the designated country became a party to the Universal Copyright Convention.

(2) For the purposes of this regulation, a reference to a designated country is to be read as a reference to:

(a) a country; or

(b) a country that constitutes, or forms part of, the territory of a country;

that is specified in Part 2 of Schedule 1 and became a member of the Universal Copyright Convention after 1 May 1969.

Application of the Act in Relation to Broadcasts

10A. In spite of subregulation 4(6), copyright does not subsist in Australia in a sound broadcast or a television broadcast made from a place outside Australia before the commencement of this regulation.

Application of the Act in Relation to Performances

10B. No rights arising under regulation 4A in relation to a performance subsist in Australia before the commencement of this regulation.

Note   Regulation 10B commenced on 2 January 1992.

Modification of Application of the Provisions of the Act

11.—(1) Where a person has, at any time before the date of commencement of these Regulations, taken action whereby he has incurred expenditure or liability in connexion with the doing of any act in relation to a work or subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast) in a manner that at that time was lawful, or for the purpose of or with a view to the doing of any act in relation to a work or subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast) at a time when the doing of that act would, but for the making of these Regulations, have been lawful, nothing in these Regulations diminishes or prejudices any right or interest arising from or in connexion with that action that is subsisting and valuable immediately before the date of commencement of these Regulations unless the person who by virtue of the operation of these Regulations has the exclusive right to do that act agrees to pay to the first-mentioned person such compensation as is reasonable in the circumstances.

(2) Where:

(a) an amendment of these Regulations inserts a Part in, or adds a Part at the end of, Schedule 1 or inserts the name of a country in, or adds the name of a country at the end of, a Part of Schedule 1; and

(b) a person has, at any time before the date on which the amendment comes into operation, taken action whereby he has incurred expenditure or liability in connexion with the doing of any act in relation to a work or subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast) in a manner that at that time was lawful, or for the purpose of or with a view to the doing of any act in relation to a work or subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast) at a time when the doing of that act would, but for the amendment, have been lawful;

nothing in these Regulations diminishes or prejudices any right or interest arising from or in connexion with that action that is subsisting and valuable immediately before the date on which the amendment comes into operation unless the person who, by virtue of the operation of these Regulations upon the country being specified in that Part of that Schedule, has the exclusive right to do that act agrees to pay to the first-mentioned person such compensation as is reasonable in the circumstances.

(3) Where:

(a) a Part of Schedule 1 is remade;

(b) the name of a country is, upon the remaking of the Part, specified in the Part; and

(c) the name of that country was not, immediately before the remaking of the Part, specified in the Part;

the remaking of that Part shall, for the purposes of the last preceding subregulation, be deemed to be an amendment of these Regulations that inserts the name of that country in that Part.

Modification of Application of Provisions of the Act to
Sound Broadcasts and Television Broadcasts

12.—(1) If a person has, at any time before the commencement of this regulation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a sound broadcast, or to a television broadcast, in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a sound broadcast, or to a television broadcast, at a time when the doing of the act would, but for the making of this regulation, have been lawful, nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of this regulation unless the person who, by virtue of the operation of these Regulations, has the exclusive right to do the act agrees to pay reasonable compensation to the first-mentioned person.

(2) If:

(a) by an amendment of these Regulations the name of a country is included in Part 4 of Schedule 1; and

(b) a person has, at any time before the date on which the amendment comes into operation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a sound broadcast, or to a television broadcast, in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a sound broadcast, or to a television broadcast, at a time when the doing of the act would, but for the amendment, have been lawful;

nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of the amendment unless the person who, by virtue of the country being included in Part 4 of Schedule 1, has the exclusive right to do the act agrees to pay reasonable compensation to the first-mentioned person.

(3) For the purposes of subregulation (2), if:

(a) Part 4 of Schedule 1 is remade; and

(b) on the remaking, the name of a country is included in the Part; and

(c) immediately before the remaking, the name of the country was not included in the Part;

the remaking of the Part is taken to be an amendment of these Regulations that inserts the name of the country in Part 4.

Modification of Application of Provisions of the Act to Performances

13.—(1) If a person has, at any time before the commencement of this regulation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a performance in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a performance at a time when the doing of the act would, but for the making of this regulation, have been lawful, nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of this regulation unless the performer of the performance agrees to pay reasonable compensation to the person.

(2) If:

(a) by an amendment of these Regulations the name of a country is included in Part 4 or 5 of Schedule 1; and

(b) a person has, at any time before the date on which the amendment comes into operation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a performance in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a performance at a time when the doing of the act would, but for the amendment, have been lawful;

nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of the amendment unless the performer of the performance agrees to pay reasonable compensation to the person.

(3) For the purposes of subregulation (2), if:

(a) Part 4 of Schedule 1 is remade; and

(b) on the remaking, the name of a country is included in the Part; and

(c) immediately before the remaking, the name of the country was not included in the Part;

the remaking of the Part is taken to be an amendment of these Regulations that inserts the name of the country in Part 4.

(4) For the purposes of subregulation (2), if:

(a) Part 5 of Schedule 1 is remade; and

(b) on the remaking, the name of a country is included in the Part; and

(c) immediately before the remaking, the name of the country was not included in the Part;

the remaking of the Part is taken to be an amendment of these Regulations that inserts the name of the country in Part 5.

(5) This regulation is taken not to apply to, or to affect the application of, section 248QA of the Act as applied by a provision of these Regulations.

Schedule 1
Countries to Which the Provisions of the Act apply

(Regulations 3, 4, 4A, 4B, 8, 9, 10, 11, 12 and 13)

Part 1
States Party to the Berne Convention for the Protection of Literary and Artistic Works

Albania

Algeria

Antigua and Barbuda

Argentina

Armenia

Austria

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belarus

Belgium

Belize

Benin

Bolivia

Bosnia and Herzegovina

Botswana

Brazil

Bulgaria

Burkina Faso

Cameroon

Canada

Cape Verde

Central African Republic

Chad

Chile

China

Colombia

Congo, Democratic Republic of

Congo, Republic of

Costa Rica

Côte d’Ivoire

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Equatorial Guinea

Estonia

Fiji

Finland

France

Gabon

Gambia

Georgia

Germany

Ghana

Greece

Grenada

Guatemala

Guinea

Guinea-Bissau

Guyana

Haiti

Holy See

Honduras

Hungary

Iceland

India

Indonesia

Ireland

Israel

Italy

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Korea, Republic of

Kyrgyzstan

Latvia

Lebanon

Lesotho

Liberia

Libyan Arab Jamahiriya

Liechtenstein

Lithuania

Luxembourg

Macedonia, former Yugoslav Republic of

Madagascar

Malawi

Malaysia

Mali

Malta

Mauritania

Mauritius

Mexico

Moldova, Republic of

Monaco

Mongolia

Morocco

Namibia

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Oman

Pakistan

Panama

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Romania

Russian Federation

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Senegal

Singapore

Slovakia

Slovenia

South Africa

Spain

Sri Lanka

Suriname

Swaziland

Sweden

Switzerland

Tajikistan

Tanzania, United Republic of

Thailand

Togo

Trinidad and Tobago

Tunisia

Turkey

Ukraine

United Kingdom

United States of America

Uruguay

Venezuela

Yugoslavia

Zambia

Zimbabwe

Part 2
States Party to the Universal Copyright Convention that are not Party to the Berne Convention, nor Members of the World Trade Organisation

Andorra

Cambodia

Lao People’s Democratic Republic

Saudi Arabia

Part 4
States Party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention)

Albania

Argentina

Austria

Barbados

Belgium

Bolivia

Brazil

Bulgaria

Burkina Faso

Canada

Cape Verde

Chile

Colombia

Congo, Republic of

Costa Rica

Croatia

Czech Republic

Denmark

Dominica

Dominican Republic

Ecuador

El Salvador

Estonia

Fiji

Finland

France

Germany

Greece

Guatemala

Honduras

Hungary

Iceland

Ireland

Italy

Jamaica

Japan

Latvia

Lebanon

Lesotho

Liechtenstein

Lithuania

Luxembourg

Macedonia, former Yugoslav Republic of

Mexico

Moldova, Republic of

Monaco

Netherlands

Nicaragua

Niger

Nigeria

Norway

Panama

Paraguay

Peru

Philippines

Poland

Romania

Saint Lucia

Slovakia

Slovenia

Spain

Sweden

Switzerland

United Kingdom

Uruguay

Venezuela

Part 5
Members of the World Trade Organisation

Albania

Angola

Antigua and Barbuda

Argentina

Austria

Bahrain

Bangladesh

Barbados

Belgium

Belize

Benin

Bolivia

Botswana

Brazil

Brunei Darussalam

Bulgaria

Burkina Faso

Burundi

Cameroon

Canada

Central African Republic

Chad

Chile

Colombia

Congo, Democratic Republic of

Congo, Republic of

Costa Rica

Côte d’Ivoire

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Djibouti

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Estonia

Fiji

Finland

France

Gabon

Gambia

Georgia

Germany

Ghana

Greece

Grenada

Guatemala

Guinea

Guinea-Bissau

Guyana

Haiti

Honduras

Hong Kong

Hungary

Iceland

India

Indonesia

Ireland

Israel

Italy

Jamaica

Japan

Jordan

Kenya

Korea, Republic of

Kuwait

Kyrgyzstan

Latvia

Lesotho

Liechtenstein

Luxembourg

Macau

Madagascar

Malawi

Malaysia

Maldives

Mali

Malta

Mauritania

Mauritius

Mexico

Mongolia

Morocco

Mozambique

Myanmar

Namibia

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Oman

Pakistan

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Romania

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Senegal

Sierra Leone

Singapore

Slovakia

Slovenia

Solomon Islands

South Africa

Spain

Sri Lanka

Suriname

Swaziland

Sweden

Switzerland

Tanzania, United Republic of

Thailand

Togo

Trinidad and Tobago

Tunisia

Turkey

Uganda

United Arab Emirates

United Kingdom

United States of America

Uruguay

Venezuela

Zambia

Zimbabwe

Schedule 3
Countries that Provide Rights for
Secondary Uses of Sound Recordings

(Regulations 6 and 7)

Argentina

Austria

Bahamas

Bangladesh

Barbados

Bolivia

Brazil

Canada

Chile

Colombia

Costa Rica

Czech Republic

Denmark

Dominican Republic

Ecuador

Fiji

Finland

Germany

Greece

Guatemala

Guinea

Holy See

Honduras

Iceland

India

Ireland

Israel

Italy

Jamaica

Japan

Liechtenstein

Mauritius

Mexico

Netherlands

New Zealand

Norway

Pakistan

Panama

Paraguay

Philippines

Poland

Romania

Russian Federation

Slovakia

Spain

Sweden

Thailand

Turkey

United Kingdom

Uruguay

Venezuela

Notes to the Copyright (International Protection) Regulations 1969

Note 1

The Copyright (International Protection) Regulations 1969 (in force under the Copyright Act 1968) as shown in this compilation comprise Statutory Rules 1969 No. 60 amended as indicated in the Tables below.

Table of Statutory Rules

Year
and number

Date of notification
in
Gazette

Date
of commencement

Application,
saving or
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

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision Affected

How Affected

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

R. 4

am. 1980 No. 276; 1990 No. 357; 1991 No. 451; 1995 No. 67; 1998 No. 360; 2001 No. 29

R. 4A

ad. 1991 No. 452

am. 2001 No. 29

R. 4B

ad. 1994 No. 114

rs. 1995 No. 67

am. 2001 No. 29

R. 5

rep. 1998 No. 360

Rr. 6, 7

am. 1969 No. 65

rs. 1974 No. 137

am. 1980 No. 276

R. 7A

ad. 1969 No. 65

rep. 1974 No. 137

R. 8

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

Heading to r. 9

am. 1998 No. 360

R. 9

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

R. 10

rs. 1974 No. 137

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

R. 10A

ad. 1991 No. 451

R. 10B

ad. 1991 No. 452

R. 11

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

R. 12

ad. 1991 No. 451

am. 2001 No. 29

R. 13

ad. 1991 No. 452

am. 1995 No. 67; 2001 No. 29

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

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

Second Schedule

am. 1974 No. 137

rep. 1980 No. 276

Heading to Third Schedule

rep. 1980 No. 276

Heading to Schedule 3

ad. 1980 No. 276

rs. 1995 No. 67

Third Schedule

rs. 1974 No. 137

Schedule 3

rs. 1981 No. 74; 1984 No. 43

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

rs. 2001 No. 29


Législation Remplace (2 texte(s)) Remplace (2 texte(s)) Est remplacé(e) par (3 texte(s)) Est remplacé(e) par (3 texte(s))
Aucune donnée disponible

N° WIPO Lex AU095