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Reglamento sobre la Protección Internacional del Derecho de Autor de 1969 (versión consolidada de 1 de enero de 2005), Australia

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Detalles Detalles Año de versión 2005 Fechas Entrada en vigor: 1 de mayo de 1969 Adoptado/a: 28 de abril de 1969 Tipo de texto Normas/Reglamentos Materia Derecho de autor Notas This compilation of Australia’s regulations regarding international copyright protection, which was prepared on 1 January 2005 and published on 10 January 2005 by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra, consolidates the principal Copyright (International Protection) Regulations 1969 (Statutory Rules 1969 No. 60) up to the Copyright (International Protection) Amendment Regulations 2004 (No. 2), (Statutory Rules 2004 No. 362).

See the 'Notes' section to the Copyright (International Protection) Regulations 1969 on page 24 for a complete listing of the consolidated amendments.

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Textos principales Textos relacionados
Textos principales Textos principales Inglés Copyright (International Protection) Regulations 1969 (consolidated as of January 1, 2005)        

Copyright (International Protection)

Regulations 1969

Statutory Rules 1969 No. 60 as amended

made under the

Copyright Act 1968

This compilation was prepared on 1 January 2005

taking into account amendments up to SR 2004 No. 362

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Page
Contents
Part 1 Preliminary
1 2 3 Name of regulations [see Note 1] Commencement [see Note 1] Interpretation 4 4 4
Part 2 Application of Act to works and subject-matter other than a work
4 5 6 7 Protection — Berne Convention countries, UCC countries, USA, Rome Convention countries, WPPT countries and WTO countries (Act s 184) Copyright not to subsist in overseas editions in certain cases Copyright in certain sound recordings may include right to cause the recording to be heard in public Copyright in certain sound recordings may include right to broadcast the recording 9 12 13 14
Part 3 Application of Act to performances
8 Protection — Rome Convention countries, WPPT countries and WTO countries (Act s 248U) 16
Part 4 Works made etc before application of Act and Regulations
9 10 11 12 13 14 Works made before 1 July 1912 Works first published before 1 May 1969 Sound recording made before 1 May 1969 — UCC countries Published works etc relating to post-1969 UCC countries Action taken in relation to works etc before a foreign country becomes a country to which these Regulations apply Saving 19 19 20 20 21 22
Schedule 3 Countries that provide rights for secondary uses of sound recordings Page 23
Notes 24

Part 1 Preliminary

1 Name of regulations [see Note 1]

These regulations are the Copyright (International Protection)

Regulations 1969.

2 Commencement [see Note 1]

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

(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.

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:

(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;
(c)
a cinematograph film;
(d)
a sound broadcast;
(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

Copyright Convention, see, for example, the United Nations 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 Copyright Convention concluded at 6 September 1952. the Ge Universal neva on
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 Copyright Treaty concluded at Geneva on 20 December

1996.

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

Copyright Treaty, see, for example, the World Intellectual Property

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 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.

Part 2 Application of Act to works

and subject-matter other than

a work

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
(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):

(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.

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.

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:

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

(c) in which the publisher, being an individual, was resident at

a 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.

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.

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

is modified by the operation of this regulation.

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

(c) recordings of the musical work have not been supplied

(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.

Part 3 Application of Act to

performances

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
(c)
a WTO country.

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

(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):

(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.

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; or

(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.

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; or
(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
(c) a published artistic work that is a building (or that is
attached 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.
(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) (c) the affected person has, because of the action, incurred expenditure or liability; and either: (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,
Copyright (International Protection) Regulations 1969 21
unless the exclusive right holder has agreed to pay reasonable
compensation to the affected person.
(3) In this regulation:
convention country means:
(a) a Berne Convention country; or
(b) a UCC country; or
(c) a Rome Convention 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.

recordings

Schedule 3 Countries that provide rights
for secondary uses of sound
recordings
(subregulation 3 (1) and regulations 6 and 7)
Argentina Mauritius
Austria Mexico
Bahamas Netherlands
Bangladesh New Zealand
Barbados Norway
Bolivia Pakistan
Brazil Panama
Canada Paraguay
Chile Philippines
Colombia Poland
Costa Rica Romania
Czech Republic Russian Federation
Denmark Slovakia
Dominican Republic Spain
Ecuador Sweden
Fiji Thailand
Finland Turkey
Germany United Kingdom
Greece Uruguay
Guatemala Venezuela
Guinea
Holy See
Honduras
Iceland
India
Ireland
Israel
Italy
Jamaica
Japan
Liechtenstein

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 Table of Amendments

Year and Date of Date of Application,
number notification commencement saving or
in Gazette 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)

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

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

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

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

Provision affected How affected

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

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

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

Provision affected How affected

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


Legislación Reemplaza (3 texto(s)) Reemplaza (3 texto(s)) Es reemplazado por (2 texto(s)) Es reemplazado por (2 texto(s))
Datos no disponibles.

N° WIPO Lex AU179