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COPYRIGHT ACT 1968 - Reprinted as at 1 July 1995 (HISTACT2 CHAP 703 #DATE 01:07:1995) - List of Sections

Section

COPYRIGHT ACT 1968 - TABLE OF PROVISIONS

COPYRIGHT ACT 1968 - LONG TITLE

PART I
PART I - PRELIMINARY

1. Short title
2. Commencement
4. Extension to external Territories
5. Exclusion of Imperial Copyright Act, 1911
6. Repeal of Copyright Acts
7. Act to bind the Crown
8. Copyright not to subsist except by virtue of this Act
8A. Prerogative rights of the Crown in the nature of copyright
9. Operation of other laws
PART II
PART II - INTERPRETATION

10. Interpretation
10A. Declarations and notices relating to certain bodies and institutions
11. Residence in a country not affected by temporary absence
12. References to Parliament
13. Acts comprised in copyright
14. Acts done in relation to substantial part of work or other subject-matter deemed to be done in relation to the whole
15. References to acts done with licence of owner of copyright
16. References to partial assignment of copyright
17. Statutory employment
18. Libraries established or conducted for profit
19. References to Copyright Act, 1911
20. Names under which work is published
21. Reproduction of works
22. Provisions relating to the making of a work or other subject-matter
23. Sound recordings and records
24. References to sounds and visual images embodied in an article
25. Provisions relating to broadcasting
26. References to transmission to subscribers to a diffusion service
27. Performance
28. Performance of works or other subject-matter in the course of educational instruction
29. Publication
30. Ownership of copyright for particular purposes
30A. No Title
PART III
PART III - COPYRIGHT IN ORIGINAL LITERARY,
DRAMATIC, MUSICAL AND ARTISTIC WORKS

DIVISION 1
Division 1 - Nature, Duration and Ownership
of Copyright in Works

31. Nature of copyright in original works
32. Original works in which copyright subsists
33. Duration of copyright in original works
34. Duration of copyright in anonymous and pseudonymous works
35. Ownership of copyright in original works
DIVISION 2
Division 2 - Infringement of Copyright in Works

36. Infringement by doing acts comprised in the copyright
37. Infringement by importation for sale or hire
38. Infringement by sale and other dealings
39. Infringement by permitting place of public entertainment to be used for performance of work
39A. Infringing copies made on machines installed in libraries and archives
DIVISION 3
Division 3 - Acts not Constituting Infringements
of Copyright in Works

40. Fair dealing for purpose of research or study
41. Fair dealing for purpose of criticism or review
42. Fair dealing for purpose of reporting news
43. Reproduction for purpose of judicial proceedings or professional advice
43A. Back-up copy of computer program
44. Inclusion of works in collections for use by places of education
44A. Importation etc. of books
44B. Reproduction of writing on approved label for containers for chemical product
DIVISION 4
Division 4 - Acts not Constituting Infringements of
Copyright in Literary, Dramatic and Musical Works

45. Reading or recitation in public or for a broadcast
46. Performance at premises where persons reside or sleep
47. Reproduction for purpose of broadcasting
47A. Sound broadcasts by holders of print-handicapped radio licences
DIVISION 5
Division 5 - Copying of Works in Libraries

48. Interpretation
48A. Copying by Parliamentary libraries for members of Parliament
49. Copying by libraries and archives for users
50. Copying by libraries or archives for other libraries or archives
51. Copying of unpublished works in libraries or archives
51AA. Copying of works in Australian Archives
51A. Copying of works for preservation and other purposes
52. Publication of unpublished works kept in libraries
53. Application of Division to illustrations accompanying articles and other works
DIVISION 6
Division 6 - Recording of Musical Works

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

65. Sculptures and certain other works in public places
66. Buildings and models of buildings
67. Incidental filming or televising of artistic works
68. Publication of artistic works
69. Artistic works transmitted to subscribers to a diffusion service
70. Reproduction for purpose of including work in television broadcast
72. Reproduction of part of work in later work
73. Reconstruction of buildings
DIVISION 8
Division 8 - Designs

74. Corresponding design
75. Copyright protection where corresponding design registered
76. False registration of industrial designs
77. Application of artistic works as industrial designs without registration of the designs
DIVISION 9
Division 9 - Works of Joint Authorship

78. References to all of joint authors
79. References to any one or more of joint authors
80. References to whichever of joint authors died last
81. Works of joint authorship published under pseudonyms
82. Copyright to subsist in joint works without regard to any author who is an unqualified person
83. Inclusion of joint works in collections for use in places of education
PART IV
PART IV - COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

DIVISION 1
Division 1 - Preliminary

84. Interpretation
DIVISION 2
Division 2 - Nature of Copyright in Subject-Matter
other than Works

85. Nature of copyright in sound recordings
86. Nature of copyright in cinematograph films
87. Nature of copyright in television broadcasts and sound broadcasts
88. Nature of copyright in published editions of works
DIVISION 3
Division 3 - Subject-Matter, other than Works, in which
Copyright Subsists

89. Sound recordings in which copyright subsists
90. Cinematograph films in which copyright subsists
91. Television broadcasts and sound broadcasts in which copyright subsists
92. Published editions of works in which copyright subsists
DIVISION 4
Division 4 - Duration of Copyright in Subject-Matter
other than Works

93. Duration of copyright in sound recordings
94. Duration of copyright in cinematograph films
95. Duration of copyright in television broadcasts and sound broadcasts
96. Duration of copyright in published editions of works
DIVISION 5
Division 5 - Ownership of Copyright in Subject-Matter
other than Works

97. Ownership of copyright in sound recordings
98. Ownership of copyright in cinematograph films
99. Ownership of copyright in television broadcasts and sound broadcasts
100. Ownership of copyright in published editions of works
DIVISION 6
Division 6 - Infringement of Copyright in Subject-Matter
other than Works

100A. Interpretation
101. Infringement by doing acts comprised in copyright
102. Infringement by importation for sale or hire
103. Infringement by sale and other dealings
103A. Fair dealing for purpose of criticism or review
103B. Fair dealing for purpose of reporting news
103C. Fair dealing for purpose of research or study
104. Acts done for purposes of judicial proceeding
104A. Acts done by Parliamentary libraries for members of Parliament
105. Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast
106. Causing sound recording to be heard at guest house or club
107. Making of a copy of the sound recording for purpose of broadcasting
108. Copyright in published recording not infringed by public performance if equitable remuneration paid
109. Copyright in published sound recording not infringed by broadcast in certain circumstances
110. Provisions relating to cinematograph films
110A. Copying of unpublished sound recordings and cinematograph films in libraries or archives
110B. Copying of sound recordings and cinematograph films for preservation and other purposes
111. Filming or recording broadcasts for private and domestic use
112. Reproductions of editions of work
112A. Importation and sale etc. of books
112B. Reproduction of writing on approved label for containers for chemical product
DIVISION 7
Division 7 - Miscellaneous

113. Copyrights to subsist independently
PART V
PART V - REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

DIVISION 1
Division 1 - Preliminary

114. Interpretation
DIVISION 2
Division 2 - Actions by Owner of Copyright

115. Actions for infringement
116. Rights of owner of copyright in respect of infringing copies
DIVISION 3
Division 3 - Proceedings where Copyright is subject to
Exclusive Licence

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

126. Presumptions as to subsistence and ownership of copyright
127. Presumptions in relation to authorship of work
128. Presumptions in relation to publisher of work
129. Presumptions where author has died
130. Evidence in relation to recordings
131. Presumption in relation to maker of film
DIVISION 4A
Division 4A - Jurisdiction and Appeals

131A. Exercise of jurisdiction
131B. Appeals
131C. Jurisdiction of Federal Court of Australia
DIVISION 5
Division 5 - Offences and Summary Proceedings

132. Offences
133. Penalties
133A. Advertisement for supply of infringing copies of computer programs
DIVISION 6
Division 6 - Miscellaneous

134. Limitation of actions in respect of infringement of copyright
134A. Affidavit evidence
DIVISION 7
Division 7 - Seizure of imported copies of copyright material

134B. Interpretation
135. Restriction of importation of copies of works etc.
135AA.Security for expenses of seizure
135AB.Secure storage of seized copies
135AC.Notice of seizure
135AD.Inspection, release etc. of seized copies
135AE.Forfeiture of seized copies by consent
135AF.Compulsory release of seized copies to the importer
135AG.Provision relating to actions for infringement of copyright
135AH.Retention of control of seized copies
135AI.Disposal of seized copies ordered to be forfeited
135AJ.Insufficient security
135AK.Immunity of the Commonwealth
PART VA
PART VA - COPYING OF BROADCASTS BY EDUCATIONAL
AND OTHER INSTITUTIONS

DIVISION 1
Division 1 - Preliminary

135A. Interpretation
135B. Copies of broadcasts
135C. Student of an institution
135D. Operation of collecting society rules
DIVISION 2
Division 2 - Copying of broadcasts

135E. Copying of broadcasts by educational institutions etc.
135F. Preview copies
135G. Remuneration notices
135H. Records notices
135J. Sampling notices
135K. Marking and record keeping requirements
135L. Inspection of records etc.
135M. Revocation of remuneration notice
135N. Request for payment of equitable remuneration
DIVISION 3
Division 3 - The collecting society

135P. The collecting society
135Q. Revocation of declaration
135R. Annual report and accounts
135S. Amendment of rules
DIVISION 4
Division 4 - Interim copying

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

135Z. Relevant copyright owner may authorise copying
135ZA.Copyright not to vest in copier
PART VB
PART VB - COPYING OF WORKS ETC. BY EDUCATIONAL
AND OTHER INSTITUTIONS

DIVISION 1
Division 1 - Preliminary

135ZB.Interpretation
135ZC.Eligible items and photographic versions
135ZD.Student of an institution
135ZE.Part does not apply to computer programs
135ZF.Operation of collecting society rules
DIVISION 2
Division 2 - Copying of works by educational institutions

135ZG.Multiple copying of insubstantial portions of works
135ZH.Copying of published editions by educational institutions
135ZJ.Multiple copying of periodical articles by educational institutions
135ZK.Multiple copying of works published in anthologies
135ZL.Multiple copying of works by educational institutions
135ZM.Application of Division to certain illustrations
DIVISION 3
Division 3 - Copying of works by institutions
assisting handicapped readers

135ZN.Copying of published editions by institutions assisting handicapped readers
135ZP.Multiple copying of works by institutions assisting handicapped readers
135ZQ.Making of relevant reproductions by institutions assisting handicapped readers
DIVISION 4
Division 4 - Copying of works etc. by institutions
assisting intellectually handicapped persons

135ZR.Copying of published editions by institutions assisting intellectually handicapped persons
135ZS.Copying of eligible items by institutions assisting intellectually handicapped persons
135ZT.Making of copies for use in making intellectually handicapped person's copies
DIVISION 5
Division 5 - Equitable remuneration

135ZU.Remuneration notices
135ZV.Records notices
135ZW.Sampling notices
135ZX.Marking and record keeping requirements
135ZY.Inspection of records etc.
135ZZ.Revocation of remuneration notice
135ZZA.Request for payment of equitable remuneration
DIVISION 6
Division 6 - Collecting societies

135ZZB.Collecting societies
135ZZC.Revocation of declaration
135ZZD.Annual report and accounts
135ZZE.Amendment of rules
DIVISION 7
Division 7 - Miscellaneous

135ZZF.Rights of copyright owners
135ZZG.Copyright not to vest in copier
135ZZH.Unauthorised use of copies
PART VI
PART VI - THE COPYRIGHT TRIBUNAL

DIVISION 1
Division 1 - Preliminary

136. Interpretation
137. Cases to which licence schemes apply
DIVISION 2
Division 2 - Constitution of the Tribunal

138. Constitution of Tribunal
139. Appointment of members of Tribunal
140. Qualifications of members
141. Tenure of office
142. Acting President
143. Remuneration and allowances
144. Oath or affirmation of office
144A. Disclosure of interests by members
144B. Removal from office for failure to disclose interest
145. Resignation
146. Sittings of the Tribunal
147. President to arrange business of Tribunal
DIVISION 3
Division 3 - Inquiries by, and Applications and
References to, the Tribunal

149. Applications to Tribunal for determination of remuneration payable for making recording or film of a work
149A. Applications to Tribunal under section 47A
150. Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording
151. Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording
152. Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings
152A. Applications to Tribunal for determination of amount of royalty payable for recording musical works
152B. Applications to Tribunal for determination of manner of paying royalty
153. Applications to Tribunal for apportionment of royalty in respect of a record
153A. Applications to Tribunal under section 135H or subsection 135J (1)
135B. Applications to Tribunal under subsection 135J (3)
153C. Applications to Tribunal under section 135ZV or subsection 135ZW (1)
153D. Applications to Tribunal under subsection 135ZW (3)
154. Reference of proposed licence schemes to Tribunal
155. Reference of existing licence schemes to Tribunal
156. Further reference of licence schemes to Tribunal
157. Application to Tribunal in relation to licences
158. Effect of licence scheme being continued in operation pending order of the Tribunal
159. Effect of order of Tribunal in relation to licences
160. Interim orders
161. Reference of questions of law to Federal Court of Australia
162. Agreements or awards not affected
DIVISION 4
Division 4 - Procedure and Evidence

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

170. Secretary and other staff
171. Protection of members, barristers and witnesses
172. Disobedience to summons etc.
173. Contempt of Tribunal etc.
174. Costs of proceedings
175. Proof of orders of Tribunal
PART VII
PART VII - THE CROWN

176. Crown copyright in original works made under direction of Crown
177. Crown copyright in original works first published in Australia under direction of Crown
178. Crown copyright in recordings and films made under direction of Crown
179. Provisions relating to ownership of copyright may be modified by agreement
180. Duration of Crown copyright in original works
181. Duration of Crown copyright in recordings and films
182. Application of Parts III and IV to copyright subsisting by virtue of this Part
182A. Copyright in statutory instruments and judgments etc.
183. Use of copyright material for the services of the Crown
PART VIII
PART VIII - EXTENSION OR RESTRICTION OF OPERATION OF ACT

184. Application of Act to countries other than Australia
185. Denial of copyright to citizens of countries not giving adequate protection to Australian works
186. Application of Act to international organizations
187. Original works made or first published by international organizations
188. Subject-matter, other than original works, made or first published by international organizations
PART IX
PART IX - FALSE ATTRIBUTION OF AUTHORSHIP

189. Interpretation
190. Duty not to attribute falsely the authorship of a work
191. Duty not to attribute falsely the authorship of altered work
192. Duty not to attribute falsely the authorship of reproduction of artistic work
193. Breach of duty not committed if act done outside Australia or done with permission
194. Action for breach of duty
195. Saving of other rights and remedies
195AA.Jurisdiction of Federal Court of Australia
PART X
PART X - MISCELLANEOUS

195A. Interpretation
195B. Review of certain decisions
196. Assignments and licences in respect of copyright
197. Prospective ownership of copyright
198. Copyright to pass under will with unpublished work
199. Reception of broadcasts
200. Use of works and broadcasts for educational purposes
200AA.Use of broadcasts by institutions assisting intellectually handicapped persons
201. Delivery of library material to the National Library
202. Groundless threats of legal proceedings
203. Limitation on power of courts to grant relief in proceedings under this Act
203A. Retention of declarations in relation to copies made by libraries, archives or institutions
203D. Arrangement of declarations and records
203E. Inspection of records and declarations retained by libraries, archives or institutions
203F. Additional offences in relation to the making and retention of records and declarations
203H. Notation of certain copies etc.
PART XI
PART XI - TRANSITIONAL

DIVISION 1
Division 1 - Preliminary

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

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

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

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

243. Interpretation
244. Application
245. Rights conferred by Copyright Act, 1911
246. Performing rights
247. Contributions to periodicals
248. Assignments and licences
PART XIA
PART XIA - PERFORMERS' PROTECTION

DIVISION 1
Division 1 - Preliminary

248A. Interpretation
248B. Educational purposes
248C. Exempt recordings cease to be exempt recordings in certain circumstances
248CA.Protection period
248D. Private and domestic use
248E. References to transmission to subscribers to a diffusion service
248F. Application
DIVISION 2
Division 2 - Actions by performers

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

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

248U. Application to foreign countries
248V. Denial of protection to citizens of countries not giving adequate protection to Australian performances
PART XII
PART XII - REGULATIONS

249. Regulations
SCHEDULE

COPYRIGHT ACT 1968 - EXTRACT

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