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Copyright Amendment (Service Providers) Act 2018, Australia

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Latest Version in WIPO Lex
Details Details Year of Version 2018 Dates Entry into force: December 29, 2018 Adopted: June 29, 2018 Type of Text Main IP Laws Subject Matter Copyright and Related Rights (Neighboring Rights) Notes The notification by Australia to the WTO under Article 63.2 of TRIPS states:
'The Copyright Amendment (Service Providers) Act 2018 extends the operation of the safe harbour scheme in the Copyright Act 1968 and limits legal remedies available against carriage service providers to a broader range of service providers in the disability, educational and cultural sectors.

The Act expands the safe harbour scheme to cover the following additional kinds of service providers:
- educational institutions, through their administering bodies, including universities, schools, technical colleges, training bodies and pre-schools;
- libraries that either make their collection available to the public or are Parliamentary libraries, through their administering bodies;
- archives, through their administering bodies, including the National Archives of Australia and specified state archives, galleries and museums;
- key cultural institutions, through their administering bodies, including specific archives and libraries that are not open to the public; and
- organisations assisting persons with a disability.'

Available Materials

Main Text(s) Related Text(s)
Main text(s) Main text(s) English Copyright Amendment (Service Providers) Act 2018        
 Copyright Amendment (Service Providers) Act 2018

Providers) Act 2018

No. 71, 2018

related purposes

(https://www.legislation.gov.au/)

Note: An electronic version of this Act is available on the Federal Register of Legislation

Copyright Amendment (Service

An Act to amend the Copyright Act 1968, and for

Authorised Version C2018A00071

Authorised Version C2018A00071

Authorised Version C2018A00071

Contents 1 Short title ...........................................................................................1

2 Commencement.................................................................................2

3 Schedules...........................................................................................2

Schedule 1—Amendments 3

Copyright Act 1968 3

No. 71, 2018 Copyright Amendment (Service Providers) Act 2018 i

Authorised Version C2018A00071

Authorised Version C2018A00071

Copyright Amendment (Service

Providers) Act 2018

No. 71, 2018

An Act to amend the Copyright Act 1968, and for

related purposes

[Assented to 29 June 2018]

The Parliament of Australia enacts:

1 Short title

This Act is the Copyright Amendment (Service Providers) Act

2018.

No. 71, 2018 Copyright Amendment (Service Providers) Act 2018 1

Authorised Version C2018A00071

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

1. The whole of The day after the end of the period of 6 29 December

this Act months beginning on the day this Act 2018

receives the Royal Assent.

Note: This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Copyright Amendment (Service Providers) Act 2018 No. 71, 20182

Authorised Version C2018A00071

Amendments Schedule 1

Schedule 1—Amendments

Copyright Act 1968

1 Division 2AA of Part V (heading)

Repeal the heading, substitute:

Division 2AA—Limitation on remedies available against

service providers

2 Subsection 116AA(1)

Omit “carriage” (wherever occurring).

3 Subsection 116AA(1) (before note 1)

Insert:

Note 1A: For the meaning of service provider, see section 116ABA.

4 Section 116AB (definition of caching)

Omit “carriage”.

5 Section 116AB

Insert:

service provider has the meaning given by section 116ABA.

6 At the end of Subdivision A of Division 2AA of Part V

Add:

116ABA Definition of service provider

(1) Each of the following is a service provider:

(a) a carriage service provider;

(b) an organisation assisting persons with a disability;

(c) the body administering a library, if:

(i) all or part of the collection comprising the library is

accessible to members of the public directly or through

interlibrary loans; or

No. 71, 2018 Copyright Amendment (Service Providers) Act 2018 3

Authorised Version C2018A00071

Schedule 1 Amendments

(ii) the principal purpose of the library is to provide library

services for members of a Parliament;

(d) the body administering an archives;

(e) the body administering a key cultural institution;

(f) the body administering an educational institution.

(2) If a service provider is not:

(a) a carriage service provider; or

(b) an organisation assisting persons with a disability; or

(c) the body administering an educational institution, being an

educational institution that is a body corporate;

this Division only applies to activities that the service provider

carries out because of its relationship to the relevant library,

archives, key cultural institution or educational institution

mentioned in subsection (1).

7 Sections 116AC to 116AJ

Omit “carriage” (wherever occurring).

[Minister’s second reading speech made in—

Senate on 6 December 2017

House of Representatives on 25 June 2018]

(282/17)

Copyright Amendment (Service Providers) Act 2018 No. 71, 20184


Legislation Amends (1 text(s)) Amends (1 text(s)) WTO Document Reference
IP/N/1/AUS/15
IP/N/1/AUS/C/21
No data available.

WIPO Lex No. AU510