Règlement sur le droit d'auteur 1969 (version consolidée du 5 mars 2016), Australie, WIPO Lex

Texte(s) princip(al)(aux)

Anglais Copyright Regulations 1969 (consolidated as of March 5, 2016)

Prepared by the Office of Parliamentary Counsel, Canberra

Copyright Regulations 1969

Statutory Rules No. 58, 1969

made under the

Copyright Act 1968

Compilation No. 15

Compilation date: 5 March 2016

Includes amendments up to: F2016L00170

Registered: 19 April 2016

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About this compilation

This compilation

This is a compilation of the Copyright Regulations 1969 that shows the text of

the law as amended and in force on 5 March 2016 (the compilation date).

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

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

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

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

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Contents

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

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

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

Part 2—Copyright in original works 2 4B Notices to be displayed......................................................................2

4BA Destruction of records or copies—subsection 47AA(3) of the

Act .....................................................................................................2

4C Sound broadcasts by holders of print disability radio licences ..........2

4D Notice of communication—paragraph 49(7A)(c) of the Act .............3

4E Key cultural institutions.....................................................................3

5 Notice of intended publication of unpublished work kept in

public library .....................................................................................3

6 Countries in relation to which Division 6 of Part III of the

Act applies.........................................................................................4

7 Notice of intended making of record of musical work.......................5

15 Prescribed period in relation to making of records of musical

works .................................................................................................7

16 Inquiries in relation to previous records of musical works ................7

17 Circumstances in which design is taken to be applied

industrially.........................................................................................9

Part 3—Copyright in subject-matter other than works 11 17A Notice requirements—paragraph 104B(b) of the Act ......................11

18 Prescribed period in relation to public performance of

recordings first published outside Australia ....................................11

19 Prescribed period in relation to broadcasts of recordings not

published in Australia......................................................................11

19A Key cultural institutions...................................................................11

20 Destruction of copies—subsection 110C(3) of the Act ...................12

20AA Key cultural institutions...................................................................12

Part 3A—Limitation on remedies available against carriage

service providers 13

Division 3A.1—Preliminary 13

20A Definitions for Part 3A ....................................................................13

20B Industry code (Act s 116AB)...........................................................14

20C Designated representative................................................................14

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20D Requirements for notifications and notices issued under this

Part ..................................................................................................15

Division 3A.2—Conditions—cached copyright material 16

20E Notification in relation to Category B activity.................................16

Division 3A.3—Conditions—copyright material found to be

infringing by an Australian court 17

20F Notice in relation to Category C and D activities ............................17

Division 3A.4—Conditions—takedown of copyright material

following notice from copyright owner 18

20G Application of Division 3A.4 ..........................................................18

20H Definitions for Division 3A.4 ..........................................................18

20I Notice of claimed infringement .......................................................18

20J Takedown procedure .......................................................................19

20K Counter-notice .................................................................................20

20L Copy of counter-notice to be sent to copyright owner .....................20

20M Restoring copyright material ...........................................................21

Division 3A.5—Conditions—procedure following takedown of

copyright material other than following notice by

copyright owner 22

20N Application of Division 3A.5 ..........................................................22

20P Notice to user...................................................................................22

20Q Counter-notice .................................................................................23

20R Restoring copyright material ...........................................................24

Division 3A.6—Conditions—takedown of reference to copyright

material following notice from copyright owner 25

20S Application of Division 3A.6 ..........................................................25

20T Notice of claimed infringement .......................................................25

20U Takedown procedure .......................................................................25

Division 3A.7—Civil remedies 26

20V Action taken to comply with a condition.........................................26

20W Failure to restore or enable access to copyright material .................26

20X Misrepresentations in notifications and notices ...............................26

Part 3B—Technological protection measures 28 20Y Meaning of copyright material ........................................................28

20Z Prescribed acts .................................................................................28

Part 4—Remedies for infringements of copyright 29

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21 Restriction of importation of copyright material .............................29

22 Action period...................................................................................29

22A Claim period ....................................................................................29

22B Claim for release of seized copies ...................................................29

23 Restriction of importation into Norfolk Island of printed

copies of works................................................................................30

Part 5—Copying and communication of broadcasts by

educational and other institutions 33 23A Definitions.......................................................................................33

23B Marking of copies etc—paragraph 135K(1)(a) of the Act ...............33

23C Contents of record—paragraph 135K(1)(b) of the Act ....................34

23D Prescribed retention period—paragraph 135K(1)(c) of the

Act ...................................................................................................35

23E Sending of copies of records—paragraph 135K(1)(d) of the

Act ...................................................................................................35

23F Prescribed manner of keeping records—

paragraph 135K(2)(a) of the Act .....................................................35

23G Form of record—paragraph 135K(2)(b) of the Act .........................35

23H Marking of copies etc—subsection 135K(3) of the Act ..................36

23HA Prescribed circumstances—section 135KA of the Act ....................36

23HB Notice requirements—paragraph 135KA(a) of the Act ...................36

23J Prescribed provisions—paragraph 135P(3)(d) of the Act................37

Part 5A—Reproduction and communication of works etc by

educational and other institutions 40 23JA Interpretation ...................................................................................40

23JB Prescribed message (Act s 135ZQ(3)) .............................................40

23JC Marking of relevant reproductions—subsection 135ZQ(4) of

the Act .............................................................................................40

23JD Prescribed message (Act s 135ZT(3))..............................................41

23JE Marking of copies—subsection 135ZT(4) of the Act ......................41

23JF Marking of licensed copies etc—paragraph 135ZX(1)(a) of

the Act .............................................................................................41

23JG Prescribed particulars—paragraph 135ZX(1)(b) of the Act.............42

23JH Prescribed retention period—paragraph 135ZX(1)(c) of the

Act ...................................................................................................44

23JJ Sending of copies of records—paragraph 135ZX(1)(d) of the

Act ...................................................................................................45

23JK Prescribed manner of keeping records—

paragraph 135ZX(2)(a) of the Act ...................................................45

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23JL Prescribed form—paragraph 135ZX(2)(b) of the Act .....................45

23JLA Notice requirements—paragraph 135ZXA(a) of the Act.................45

23JM Prescribed provisions—paragraph 135ZZB(3)(d) of the Act ..........45

Part 6—Retransmission of free-to-air broadcasts 49 23K Identity cards—subsection 135ZZQ(1) of the Act...........................49

23L Rules of a collecting society—paragraph 135ZZT(3)(d) of

the Act .............................................................................................49

Part 6A—Infringement notices and forfeiture of infringing

copies and devices 53

Division 6A.1—Preliminary 53

23M Purpose of Part ................................................................................53

23N Definitions.......................................................................................54

Division 6A.2—Forfeiture of infringing articles and devices 56

23O Forfeiture of infringing articles and devices ....................................56

Division 6A.3—Infringement notices 58

Subdivision 6A.3.1—Contents of infringement notices 58

23P When an infringement notice can be given......................................58

23Q Contents of infringement notice ......................................................58

Subdivision 6A.3.2—Penalties 59

23R Amount of penalty if infringement notice given..............................59

23S Extension of time to pay penalty .....................................................59

23T Payment of penalty by instalments ..................................................59

23U Time for payment of penalty ...........................................................60

23V Effect of payment of penalty and forfeiture of infringing

articles and devices..........................................................................61

Subdivision 6A.3.3—Withdrawal of infringement notices 62

23W Withdrawal of infringement notice by nominated person................62

23X Withdrawal of infringement notice by authorised officer ................63

23Y Notice of withdrawal of infringement notices .................................63

23Z Refund of penalty ............................................................................63

Part 7—Miscellaneous 64 24 Effect of suspension of orders of Copyright Tribunal .....................64

25 Notification of use of copyright material for services of the

Crown..............................................................................................64

25AA Other information and particulars for notices under

section 195AT .................................................................................66

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25A Prescribed retention period for the purposes of Part X of the

Act ...................................................................................................68

26 International organizations to which the Act applies .......................68

27 Service of documents in Australia ...................................................68

Part 8—Transitional matters 70 28 Transitional—application of repealed regulation 25B.....................70

29 Amendments made by the Customs and Other Legislation

Amendment (Australian Border Force) Regulation 2015 ................70

Schedule 3—Prescribed form of notice to be displayed 71

Schedule 3A—Prescribed form of record for an article

in a periodical publication 73

Schedule 3B—Prescribed form of record for a work

not in a periodical publication 74

Schedule 4—Prescribed form of notice to library user

making request 75

Schedule 5—Key cultural institutions 76

Schedule 8—Countries to which Division 6 of Part III

of the Act applies 77

Schedule 9—Prescribed form of notice to be displayed

for copying of audio-visual items 81

Schedule 10—Forms for Part 3A 82

Part 1—Form of notification in relation to cached copyright

material 82

Part 2—Form of notice in relation to copyright material found

to be infringing by an Australian court 84

Part 3—Form of notice of claimed infringement by owner or

agent—copyright material 86

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Part 4—Form of counter-notice in response to notice of claimed

infringement by owner or agent 88

Part 5—Form of counter-notice in response to takedown of

copyright material other than following notice by

owner or agent 91

Part 6—Form of notice of claimed infringement by owner or

agent—reference to copyright material 94

Schedule 10A—Prescribed acts 96

Schedule 11—Prescribed form of notice to Collector of

Customs of Norfolk Island 98

Schedule 11AA—Prescribed form of record for

copying of a broadcast 99 Record of the copying of a broadcast in reliance on Part VA of the

Copyright Act 1968..........................................................................99

Schedule 11AB—Prescribed form of record for

communication of a copy of a broadcast 100 Record of the communication of a copy of a broadcast in reliance on

Part VA of the Copyright Act 1968 ...............................................100

Schedule 11AC—Prescribed form of notice for

communication by administering body 101

Schedule 11A—Prescribed form of record for making

a licensed copy 102 Record of the making of a licensed copy in reliance on Part VB of the

Copyright Act 1968........................................................................102

Schedule 11B—Prescribed form of notice for

electronic use notices 104

Schedule 11C—Form of infringement notice 105

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Schedule 12—International organizations to which the

Act applies 109

Endnotes 110

Endnote 1—About the endnotes 110

Endnote 2—Abbreviation key 112

Endnote 3—Legislation history 113

Endnote 4—Amendment history 116

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Preliminary Part 1

Regulation 1

Copyright Regulations 1969 1

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Part 1—Preliminary

1 Name of regulations

These Regulations are the Copyright Regulations 1969.

2 Commencement

These Regulations shall come into operation on the date fixed by

Proclamation under section 2 of the Act.

3 Interpretation

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

address for service in Australia means an address at which service

may be effected in accordance with regulation 27 of these

Regulations.

the Act means the Copyright Act 1968.

the previous Act means the Copyright Act, 1911.

(2) For the purposes of these Regulations, a corporation shall be taken

to reside in Australia if the corporation has a registered office in

Australia under a law of a State or Territory of the Commonwealth

and any such office shall be deemed to constitute a place of

residence of the corporation.

(3) A reference in these Regulations to a record having been sold shall

be read as including a reference to a record having been disposed

of gratuitously in circumstances where, by virtue of section 60 of

the Act, Division 6 of Part III of the Act applies as if that disposal

were a sale of the record by retail.

(4) Expressions used in the Act have the same meaning as in these

regulations in accordance with subsection 13(1) of the Legislation

Act 2003.

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Part 2 Copyright in original works

Regulation 4B

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Part 2—Copyright in original works

4B Notices to be displayed

For the purposes of paragraph 39A(b) of the Act:

(a) a notice 297 millimetres long and 210 millimetres wide is a

notice of the prescribed dimensions; and

(b) the prescribed form of notice is the form in Schedule 3.

4BA Destruction of records or copies—subsection 47AA(3) of the

Act

(1) This regulation applies in relation to a recording or film of a work

or adaptation that is made for the purpose of simulcasting the work

or adaptation in digital form.

(2) For subsection 47AA(3) of the Act, the relevant date in relation to

the recording or film is 12 months after the end of the relevant

simulcast period that, in accordance with the Broadcasting

Services Act 1992, is applicable in relation to the broadcasting

service that delivers the simulcast.

4C Sound broadcasts by holders of print disability radio licences

(1) For the purposes of subparagraph 47A(1)(b)(iii) of the Act, the

following particulars are prescribed:

(a) in the case where the work is the whole or part of an article

contained in a periodical publication—the page numbers of

the pages in that volume, or in that number of that volume,

that have been broadcast, or, in a case where a page so

broadcast does not bear a page number, such description of

the page as will enable it to be identified; and

(b) in any other case—the page numbers of the pages in the

edition of the work that have been broadcast or, in a case

where a page so broadcast does not bear a page number such

description of the page as will enable it to be identified.

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(2) For the purposes of paragraph 47A(2)(a) of the Act a record of the

making of a broadcast may, instead of being made in writing, be

made in any manner that permits the information in the record to

be elicited by the use of a computer.

(3) Subject to subregulation (4), for the purposes of

paragraph 47A(2)(b) of the Act, where a record of the making of a

broadcast is made in writing, that record shall be made in

accordance with:

(a) in the case where the work is the whole or part of an article

contained in a periodical publication—the form in

Schedule 3A; and

(b) in any other case—the form in Schedule 3B.

(4) Strict compliance with the forms in Schedules 3A and 3B is not

necessary and substantial compliance is sufficient.

(5) For the purposes of paragraph 47A(11)(a) of the Act, the

prescribed retention period is 4 years.

4D Notice of communication—paragraph 49(7A)(c) of the Act

For paragraph 49(7A)(c) of the Act, a notice in the form set out in

Schedule 4 must be communicated to the person.

4E Key cultural institutions

For subparagraph 51B(1)(a)(ii) of the Act, a body mentioned in

Schedule 5 is prescribed.

5 Notice of intended publication of unpublished work kept in public

library

For the purposes of paragraph (b) of subsection (1), and

paragraph (b) of subsection (2), of section 52 of the Act, the

prescribed notice of the intended publication of the new work is a

notice given by advertisement published in the Gazette not earlier

than three months, and not later than two months, before the date

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of the publication or subsequent publication, as the case may be, of

the new work and:

(a) stating the name, and the address of the place of residence or

business, of the person intending to publish the new work

and the intention of that person to publish the new work;

(b) stating the title (if any) of the old work and, if that title is not

sufficient to enable that work to be identified, containing a

description of that work that is sufficient for that purpose;

work was made or the period, or an estimate of the period,

over which the making of the old work extended, as the case

may be;

(d) if the name of the author of the old work is known to the

person intending to publish the new work—stating the name

of that author;

(e) stating the name and address of the library or other place in

which a copy, or the manuscript, of the old work is kept;

(f) stating the name of the person from whom the copy or

manuscript of the old work was acquired for the purposes of

that library or other place or, if the person intending to

publish the new work does not know the name of the person

from whom the copy or manuscript was acquired for those

purposes, stating that fact;

(g) stating that a person claiming to be the owner of the

person intending to publish the new work; and

(h) stating, at the foot of the notice, the name of the person by

whom the notice is given.

6 Countries in relation to which Division 6 of Part III of the Act

applies

(1) For the purposes of subparagraphs (iii) and (iv) of paragraph (a) of

subsection (1) of section 55, and subparagraphs (iii) and (iv) of

paragraph (d) of subsection (1) of section 59, of the Act, Division 6

of Part III of the Act applies in relation to each country that

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constitutes, or forms part of, the territory of a Country specified in

Schedule 8 to these Regulations.

(2) For the purposes of the last preceding subregulation:

(a) the overseas Departments and Territories of France shall be

deemed to form part of the territory of France;

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

territory of the Netherlands;

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 of Great Britain

and Northern Ireland shall be deemed to form part of the

territory of the United Kingdom of Great Britain and

Northern Ireland; 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.

7 Notice of intended making of record of musical work

(1) For the purposes of paragraph (b) of subsection (1) of section 55 of

the Act, the prescribed notice of the intended making of a record of

a musical work is a written notice given in accordance with this

regulation by the person intending to make the record.

(2) Subject to the next two succeeding subregulations, if the owner of

the copyright in the musical work resides or carries on business in

Australia, the notice shall be given by service of the notice on the

owner.

(3) Subject to the next succeeding subregulation, if the owner of the

carrying on business in Australia as his agent for the purpose of

receiving notices under section 55 of the Act, the notice may be

given by service of the notice on the agent.

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(4) If the person intending to make the record does not know the name,

or an address for service in Australia, of the owner of the copyright

in the musical work or of a person appointed by the owner as his

agent for the purpose of receiving notices under section 55 of the

Act, the notice shall be given by publication of the notice in the

Gazette and, if the notice does not include the information referred

to in subregulation (6) of this regulation and the owner or his agent

makes an application in accordance with subregulation (8) of this

regulation, by the furnishing of that information to the owner or

agent.

(5) The notice shall:

(a) state that a person specified in the notice intends to make in

Australia a record of the musical work or of part of the

musical work;

(b) state the address of the place of residence or business of the

person intending to make the record;

sufficient to enable the work to be identified, contain a

description of the work that is sufficient to enable the work to

be identified;

(d) if the record is to comprise a performance of the work in

which words are sung, or are spoken incidentally to or in

association with the music—state that fact; and

(e) if the identity of the author of the work is known to the

person intending to make the record—state the name of the

author.

(6) Where the notice is given in accordance with subregulation (2) or

subregulation (3) of this regulation, the notice shall, and, where the

notice is given in accordance with subregulation (4) of this

regulation, the notice may, also:

(a) set out any particulars known to the person intending to make

the record that are necessary to enable the owner of the

work as is referred to in paragraph (a) of subsection (1) of

section 55 of the Act;

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(b) state whether the record that is intended to be made is to be a

disc, tape, paper or other device;

label of the record and the proposed trade prefix and

catalogue number of the record;

(d) state the date on which it is proposed to offer or expose the

record for sale to the public in Australia;

(e) state the proposed selling price to the public of the record;

and

(f) state the amount of the royalty that the person intending to

make the record estimates will be payable to the owner of the

(7) Where the notice is given in accordance with subregulation (4) of

this regulation and the notice published in the Gazette does not

contain the information referred to in the last preceding

subregulation, the notice shall also state the address of a place in

Australia at which that information may be obtained.

(8) Upon personal or written application at the address specified in a

notice referred to in the last preceding subregulation by the owner

of the copyright in the musical work or a person appointed by him

as his agent for the purpose of making such an application, the

person intending to make the record shall, unless the information

referred to in subregulation (6) of this regulation was included in

the notice, furnish that information to the owner or agent.

15 Prescribed period in relation to making of records of musical

works

For the purpose of subsection (3) of section 55 of the Act, the

prescribed period is one month.

16 Inquiries in relation to previous records of musical works

(1) The inquiries for the purposes of section 61 of the Act shall be

made in accordance with this regulation.

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(2) The inquiries shall:

(a) in relation to a record of a musical work to which the next

succeeding paragraph does not apply—be made of the owner

of the copyright in the musical work; and

(b) in relation to a record of a musical work in which words

consisting or forming part of a literary or dramatic work were

sung or spoken—be made of the owner of the copyright in

the musical work and of the owner of the copyright in the

literary or dramatic work.

(3) The inquiries shall be in writing and shall:

(a) state the name, and the address of the place of residence or

business, of the person making the inquiries;

(b) state the title (if any) of the musical work, or of the literary or

dramatic work, as the case may be, and, if the title is not

sufficient to enable the work to be identified, contain a

description of the work sufficient for that purpose;

literary or dramatic work, is known to the person making the

inquiries—state the name of the author;

(d) if the inquiries relate to a particular record—contain

sufficient information to enable the record to be identified;

and

(e) inquire whether a record of the musical work, or of the

musical work in which words consisting or forming part of

the literary or dramatic work were sung or spoken, has

previously been made in, or imported into, Australia by, or

with the licence of, the owner of the copyright in the musical

work or in the literary or dramatic work, as the case may be,

for the purpose of retail sale or for use in making other

records for the purpose of retail sale.

(4) Subject to the next two succeeding subregulations, if the owner of

the copyright in the musical work or in the literary or dramatic

work resides or carries on business in Australia, the inquiries of

that owner shall be made by service of the instrument containing

the inquiries on the owner.

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(5) Subject to the next succeeding subregulation, if the owner of the

has appointed a person residing or carrying on business in

Australia as his agent for the purpose of answering inquiries made

under section 61 of the Act, the inquiries of that owner may be

made by service of the instrument containing the inquiries on the

agent.

(6) If a person wishing to make inquiries of the owner of the copyright

in a musical work or in a literary or dramatic work does not know

the name, or an address for service in Australia, of the owner or of

a person appointed by the owner as his agent for the purpose of

answering inquiries under section 61 of the Act, the inquiries of

that owner shall be made by publishing the instrument containing

the inquiries in the Gazette.

(7) For the purposes of paragraph (b) of section 61 of the Act, the

prescribed period in relation to receiving an answer to inquiries is:

(a) in the case of inquiries made by the personal delivery of an

instrument containing the inquiries—ten days after delivery

of the instrument;

(b) in the case of inquiries made by sending such an instrument

by post—ten days after the date when the instrument would

be delivered in the ordinary course of post; and

instrument in the Gazette—ten days after the date of the

Gazette in which the instrument is published.

17 Circumstances in which design is taken to be applied industrially

(1) For the purposes of section 77 of the Act, a design is taken to be

applied industrially if it is applied:

(a) to more than 50 articles; or

(b) to one or more articles (other than hand-made articles)

manufactured in lengths or pieces.

(2) For the purposes of paragraph (1)(a), any 2 or more articles:

(a) that are of the same general character; and

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(b) that are intended for use together; and

applied;

are taken to constitute a single article.

(3) For the purposes of this regulation, a design is taken to be applied

to an article if:

(a) the design is applied to the article by a process (whether a

process of printing, embossing or otherwise); or

(b) the design is reproduced on or in the article in the course of

the production of the article.

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Regulation 17A

Copyright Regulations 1969 11

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Part 3—Copyright in subject-matter other than

works

17A Notice requirements—paragraph 104B(b) of the Act

For paragraph 104B(b) of the Act:

(a) the prescribed form is:

(i) in relation to a copy of a published edition of a work—

the form set out in Schedule 3; and

(ii) in relation to a copy of an audio-visual item—the form

set out in Schedule 9; and

(b) a notice must be 297 millimetres long and 210 millimetres

wide.

18 Prescribed period in relation to public performance of recordings

first published outside Australia

For the purposes of paragraph (b) of subsection (1) of section 108

of the Act, the prescribed period is seven weeks.

19 Prescribed period in relation to broadcasts of recordings not

published in Australia

For the purposes of subsection (3) of section 109 of the Act, the

prescribed period is seven weeks.

19A Key cultural institutions

For subparagraph 110BA(1)(a)(ii) of the Act, a body mentioned in

Schedule 5 is prescribed.

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Regulation 20

12 Copyright Regulations 1969

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20 Destruction of copies—subsection 110C(3) of the Act

(1) This regulation applies in relation to a copy of a sound recording or

cinematographic film that is made for the purpose of simulcasting

the recording or film in digital form.

(2) For subsection 110C(3) of the Act, the relevant date in relation to

the copy is 12 months after the end of the relevant simulcast period

that, in accordance with the Broadcasting Services Act 1992, is

applicable in relation to the broadcasting service that delivers the

simulcast.

20AA Key cultural institutions

For subparagraph 112AA(1)(a)(ii) of the Act, a body mentioned in

Schedule 5 is prescribed.

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Regulation 20A

Copyright Regulations 1969 13

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Part 3A—Limitation on remedies available against

carriage service providers Note: Subsection 116AG(1) of the Act provides that a carriage service

provider must satisfy the relevant conditions set out in Subdivision D

of Division 2AA of Part V of the Act before the limitations on

remedies in section 116AG of the Act apply.

Division 3A.1—Preliminary

20A Definitions for Part 3A

(1) In this Part:

action has the same meaning as in Part V of the Act.

agent, of an owner of the copyright in copyright material, means a

person authorised to act for the owner for the purpose of

Division 2AA of Part V of the Act and this Part.

designated representative, for a carriage service provider, means

the person designated under regulation 20C to receive notifications

and notices under this Part for the carriage service provider.

owner, in relation to the copyright in copyright material, includes

an exclusive licensee of the copyright in the material.

system or network, in relation to a carriage service provider, means

a system or network controlled or operated by or for the carriage

service provider.

user, in relation to copyright material stored on a carriage service

provider’s system or network, means the person who directed the

carriage service provider to store the copyright material on its

system or network.

(2) A word or expression used in this Part and in Division 2AA of

Part V of the Act has the same meaning in this Part as it has in that

Division.

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Division 3A.1 Preliminary

Regulation 20B

14 Copyright Regulations 1969

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Note: The following words and expressions are defined in Division 2AA of

Part V of the Act—see section 116AB:

 caching

 copyright material

 industry code.

20B Industry code (Act s 116AB)

For subparagraph (a)(i) of the definition of industry code in

section 116AB of the Act, the following requirements are

prescribed in relation to an industry code to which condition 2 of

item 1 of the table in subsection 116AH(1) of the Act applies:

(a) the industry code must be developed through an open

voluntary process by a broad consensus of copyright owners

and carriage service providers;

(b) the industry code must include a provision to the effect that

standard technical measures are technical measures that:

(i) are used to protect and identify copyright material; and

(ii) are accepted under the industry code or developed in

accordance with a process set out in the industry code;

and

(iii) are available on non-discriminatory terms; and

(iv) do not impose substantial costs on carriage service

providers or substantial burdens on their systems or

networks.

20C Designated representative

(1) A carriage service provider must designate a person to be the

representative of the carriage service provider (a designated

representative) to receive notifications and notices issued under

this Part for the carriage service provider.

(2) The carriage service provider must publish a notice in a reasonably

prominent location on its website setting out the following

information:

(a) the title of the position of the designated representative;

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Regulation 20D

Copyright Regulations 1969 15

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(b) sufficient information to allow a person to contact the

designated representative, including:

(i) an electronic mail address; and

(ii) a postal address; and

(iii) if available, a telephone number or fax number, or both.

20D Requirements for notifications and notices issued under this

Part

(1) A notification, notice or counter-notice issued under this Part must:

(a) be in accordance with, or substantially in accordance with,

the form prescribed by this Part; and

(b) be issued by post or electronic communication to the carriage

service provider’s designated representative.

(2) The requirement for a person’s signature on a notification, notice

or counter-notice is taken to have been met in relation to a

notification, notice or counter-notice that is issued by electronic

communication if:

(a) a method is used to identify the person and to indicate the

person’s approval of the information and statements

contained in the communicated notification, notice or

counter-notice; and

(b) the method used was as reliable as was appropriate for the

purpose of communicating the information and statements

contained in the notification, notice or counter-notice.

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Division 3A.2 Conditions—cached copyright material

Regulation 20E

16 Copyright Regulations 1969

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Division 3A.2—Conditions—cached copyright material

20E Notification in relation to Category B activity

(1) For condition 3 of item 3 of the table in subsection 116AH(1) of

the Act, the form of notification set out in Part 1 of Schedule 10 is

prescribed.

(2) The notification must be made by the owner, or an agent of the

owner, of the copyright in cached copyright material on a carriage

service provider’s system or network that has been removed, or to

which access has been disabled, at the originating site.

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Conditions—copyright material found to be infringing by an Australian court Division

3A.3

Regulation 20F

Copyright Regulations 1969 17

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Division 3A.3—Conditions—copyright material found to

be infringing by an Australian court

20F Notice in relation to Category C and D activities

(1) For condition 2 of item 4 (Category C activities), and condition 2

of item 5 (Category D activities), of the table in

subsection 116AH(1) of the Act, the form of notice set out in Part 2

of Schedule 10 is prescribed.

(2) A notice under subregulation (1) must:

(a) if the notice relates to a Category C activity—be made by the

owner, or an agent of the owner, of the copyright in the

system or network that has been found to be infringing by an

Australian court; or

(b) if the notice relates to a Category D activity—be made by the

owner, or an agent of the owner, of the copyright in the

Australian court, and to which a reference is provided by the

carriage service provider on its system or network.

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Division 3A.4 Conditions—takedown of copyright material following notice from

Regulation 20G

18 Copyright Regulations 1969

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Division 3A.4—Conditions—takedown of copyright

material following notice from copyright owner

20G Application of Division 3A.4

For condition 3 of item 4 (Category C activities) of the table in

subsection 116AH(1) of the Act, this Division prescribes the

procedure to be followed in relation to copyright material residing

on a carriage service provider’s system or network if:

(a) the owner, or an agent of the owner, of the copyright in the

material believes, on reasonable grounds, that the material is

infringing; and

(b) the owner or agent wishes the carriage service provider to

remove or disable access to the material.

20H Definitions for Division 3A.4

In this Division:

counter-notice means a notice issued under regulation 20K.

notice of claimed infringement means a notice issued under

regulation 20I.

working day, in a place, means a day that is not:

(a) a public holiday or a bank holiday in that place; or

(b) a Saturday or a Sunday.

20I Notice of claimed infringement

(1) The owner, or an agent of the owner, of the copyright in the

relation to the copyright material to the carriage service provider’s

designated representative.

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Division 3A.4

Regulation 20J

Copyright Regulations 1969 19

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(2) A notice of claimed infringement must be in accordance with, or

substantially in accordance with, the form set out in Part 3 of

Schedule 10.

20J Takedown procedure

(1) If a carriage service provider receives a notice of claimed

infringement under regulation 20I, the carriage service provider

must expeditiously remove, or disable access to, the copyright

material specified in the notice and residing on its system or

network.

(2) As soon as practicable after removing, or disabling access to,

provider must send to the user who directed the carriage service

provider to store the copyright material on its system or network:

(a) a copy of the notice of claimed infringement; and

(b) a notice stating:

(i) that the copyright material has been removed, or access

to it has been disabled; and

(ii) that the user may, within 3 months after receiving the

copy of the notice of claimed infringement, issue a

counter-notice in accordance with regulation 20K of the

Copyright Regulations 1969 to the carriage service

provider’s designated representative disputing the

claims in the notice of claimed infringement.

Note: The carriage service provider need not take any further action in

relation to the copyright material unless the carriage service provider

receives a counter-notice from the user under regulation 20K.

(3) A carriage service provider is taken to have complied with

subregulation (2) if:

(a) the carriage service provider has taken reasonable steps to

identify the user but has been unable to do so; or

(b) the carriage service provider sends the documents to the user

as required by subregulation (2) but they are not received by

the user.

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Regulation 20K

20 Copyright Regulations 1969

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20K Counter-notice

(1) If a user receives a copy of a notice of claimed infringement from a

carriage service provider under regulation 20J, the user may issue a

counter-notice to the carriage service provider’s designated

representative disputing the claims set out in the notice.

Note: If the user does not issue a counter-notice to the carriage service

provider’s designated representative, the carriage service provider is

not required to take any further action in relation to the notice of

claimed infringement.

(2) A counter-notice must:

(a) be in accordance with, or substantially in accordance with,

the Form set out in Part 4 of Schedule 10; and

(b) be issued within 3 months after the user receives the copy of

the notice of claimed infringement.

20L Copy of counter-notice to be sent to copyright owner

(1) If a carriage service provider receives a counter-notice from a user

under regulation 20K in response to a notice of claimed

infringement, the carriage service provider must, as soon as

practicable after receiving the counter-notice, send to the copyright

owner or agent who issued the notice of claimed infringement:

(a) a copy of the counter-notice; and

(b) a notice stating that if the owner or agent does not, within 10

working days after the date the notice was sent, bring an

action seeking a court order to restrain the activity that is

claimed to be infringing, the carriage service provider will

restore, or enable access to, the copyright material on its

system or network.

(2) If the counter-notice is from a user who is an individual, the copy

of the counter-notice and the notice under paragraph (1)(b) sent to

the copyright owner or agent under subregulation (1) may disclose

information that could identify the user if the disclosure is

consistent with the Telecommunications Act 1997 and the Privacy

Act 1988.

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Division 3A.4

Regulation 20M

Copyright Regulations 1969 21

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20M Restoring copyright material

(1) A carriage service provider must comply with this regulation if:

(a) the carriage service provider sends a copy of a counter-notice

issued by a user and a notice to the copyright owner or agent

under regulation 20L in relation to a notice of claimed

infringement issued by the copyright owner or agent; and

(b) either:

(i) the owner or agent does not, within 10 working days

after those documents were sent, notify the carriage

service provider’s designated representative that the

owner or agent has brought an action seeking a court

order to restrain the activity that is claimed to be

infringing; or

(ii) the carriage service provider is notified that an action

for infringement of the copyright in the copyright

material has been discontinued or was unsuccessful.

(2) The carriage service provider must restore, or enable access to, the

(a) if the carriage service provider is not notified by the

subparagraph (1)(b)(i) within the period mentioned in that

subparagraph—as soon as practicable after the end of that

period; or

(b) if the carriage service provider is notified of the matter

mentioned in subparagraph (1)(b)(ii)—as soon as practicable

after receiving the notification.

Note: The carriage service provider is not required to have regard to a

notification from the copyright owner or agent of a kind mentioned in

subparagraph (1)(b)(i) if it is received more than 10 working days

after the documents were sent to the owner or agent under

regulation 20L.

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than following notice by copyright owner

Regulation 20N

22 Copyright Regulations 1969

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Division 3A.5—Conditions—procedure following

takedown of copyright material other than

following notice by copyright owner

20N Application of Division 3A.5

(1) For condition 3 of item 4 (Category C activities) of the table in

subsection 116AH(1) of the Act and subject to subregulation (2),

this Division prescribes the procedure to be followed in relation to

or network if the carriage service provider:

(a) becomes aware that the material is infringing; or

(b) becomes aware of facts or circumstances that make it

apparent that the material is likely to be infringing.

Note: The carriage service provider must act expeditiously to remove or

disable access to copyright material residing on its system or network

if the carriage service provider becomes aware of a matter mentioned

in paragraph (1)(a) or (b) in relation to the material—see condition 2A

of item 4 of the table in subsection 116AH(1) of the Act.

(2) This Division does not apply if the carriage service provider

becomes aware of a matter mentioned in paragraph (1)(a) or (b) in

relation to copyright material residing on the carriage service

provider’s system or network as a result of receiving a notice of

claimed infringement under Division 3A.4, or any other

notification, from the owner, or an agent of the owner, of the

Note: The procedure prescribed in Division 3A.4 applies if the carriage

service provider receives a notice of claimed infringement in relation

to the copyright material from the owner, or an agent of the owner, of

the copyright in the material.

20P Notice to user

(1) As soon as practicable after removing, or disabling access to, the

subsection 116AH(1) of the Act, the carriage service provider must

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Regulation 20Q

Copyright Regulations 1969 23

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send to the user who directed the carriage service provider to store

the copyright material on its system or network a notice stating:

(a) that the copyright material has been removed, or access to it

has been disabled; and

(b) the grounds for removing, or disabling access to, the

issue a counter-notice in accordance with regulation 20Q of

the Copyright Regulations 1969 to the carriage service

provider’s designated representative disputing the grounds

for removing, or disabling access to, the copyright material

and requesting the carriage service provider to restore, or

enable access to, the copyright material on the carriage

service provider’s system or network.

(2) A carriage service provider is taken to have complied with

subregulation (1) if:

(a) the carriage service provider has taken reasonable steps to

identify the user but has been unable to do so; or

(b) the carriage service provider sends the notice to the user as

required by subregulation (1) but it is not received by the

user.

20Q Counter-notice

(1) If a user receives a notice from a carriage service provider under

regulation 20P, the user may issue a counter-notice to the carriage

service provider’s designated representative disputing the grounds

for removing, or disabling access to, the copyright material and

requesting the carriage service provider to restore, or enable access

to, the copyright material on the carriage service provider’s system

or network.

Note: If the user does not issue a counter-notice to the carriage service

provider’s designated representative, the carriage service provider is

not required to take any further action in relation to the copyright

material.

(2) A counter-notice must:

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Regulation 20R

24 Copyright Regulations 1969

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(a) be in accordance with, or substantially in accordance with,

the Form set out in Part 5 of Schedule 10; and

(b) be issued within 3 months after the user receives the notice

under regulation 20P.

20R Restoring copyright material

If:

(a) a carriage service provider receives a counter-notice in

relation to copyright material under regulation 20Q; and

(b) on the basis of the information and statements in the

counter-notice, the carriage service provider is satisfied that

the copyright material is not, or is not likely to be, infringing,

the carriage service provider must, as soon as practicable

after receiving the counter-notice, restore, or enable access

to, the copyright material on its system or network.

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Copyright Regulations 1969 25

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Division 3A.6—Conditions—takedown of reference to

copyright material following notice from

copyright owner

20S Application of Division 3A.6

For condition 3 of item 5 (Category D activities) of the table in

subsection 116AH(1) of the Act, this Division prescribes the

procedure to be followed in relation to a reference to copyright

material that is provided by a carriage service provider on its

system or network if:

(a) the owner, or an agent of the owner, of the copyright in the

material believes, on reasonable grounds, that the material is

infringing; and

(b) the owner or agent wishes the carriage service provider to

remove or disable access to the reference to the material.

20T Notice of claimed infringement

(1) The owner, or an agent of the owner, of the copyright in the

notice of claimed infringement to the carriage service provider’s

designated representative.

(2) A notice of claimed infringement must be in accordance with, or

substantially in accordance with, the form set out in Part 6 of

Schedule 10.

20U Takedown procedure

If a carriage service provider receives a notice of claimed

infringement under regulation 20T, the carriage service provider

must expeditiously remove, or disable access to, the reference to

the copyright material specified in the notice and provided by the

carriage service provider on its system or network.

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Division 3A.7 Civil remedies

Regulation 20V

26 Copyright Regulations 1969

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Division 3A.7—Civil remedies

20V Action taken to comply with a condition

A carriage service provider is not liable for damages or any other

civil remedy as a result of action taken in good faith by the carriage

service provider to comply with any of the following conditions:

(a) condition 3 of item 3 (Category B activities) of the table in

subsection 116AH(1) of the Act;

(b) condition 2, 2A or 3 of item 4 (Category C activities) of the

table in subsection 116AH(1) of the Act;

table in subsection 116AH(1) of the Act.

Note: See also Divisions 3A.2, 3A.3, 3A.4, 3A.5 and 3A.6 of this Part in

relation to these conditions.

20W Failure to restore or enable access to copyright material

(1) This regulation applies to a carriage service provider who is

required to comply with regulation 20M or 20R in relation to

particular copyright material.

(2) If the carriage service provider fails to restore, or enable access to,

the copyright material on its system or network as required by

regulation 20M or 20R, the carriage service provider may be liable

for damages or any other civil remedy in an action taken by a user

or third party affected by the failure.

(3) However, the carriage service provider is not liable for damages or

any other civil remedy in an action taken by the owner of the

provider’s failure to restore, or enable access to, the copyright

material in accordance with regulation 20M or 20R.

20X Misrepresentations in notifications and notices

(1) A person who issues a notification, notice or counter-notice under

this Part, for the purpose of satisfying a condition in Subdivision D

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Regulation 20X

Copyright Regulations 1969 27

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of Division 2AA of Part V of the Act, must not knowingly make a

material misrepresentation in that notification, notice or

counter-notice.

(2) For subregulation (1), a person knowingly makes a material

misrepresentation in a notification, notice or counter-notice if the

person does not take reasonable steps to ensure the accuracy of the

information and statements included in the notification, notice or

counter-notice.

(3) A person who suffers loss or damage because of a material

misrepresentation made knowingly in a notification, notice or

counter-notice may bring an action for a civil remedy against the

person who issued the notification, notice or counter-notice.

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Regulation 20Y

28 Copyright Regulations 1969

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Part 3B—Technological protection measures

20Y Meaning of copyright material

In this Part:

copyright material means a work or other subject-matter in which

20Z Prescribed acts

For paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the

doing of the acts mentioned in Schedule 10A is prescribed.

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Regulation 21

Copyright Regulations 1969 29

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Part 4—Remedies for infringements of copyright

21 Restriction of importation of copyright material

(1) For paragraph 135(8)(c) of the Act, the Comptroller-General of

Customs may direct a person who notifies the Comptroller-General

of Customs under subsection 135(2) of the Act to give to the

Comptroller-General of Customs information and evidence about

the following:

(a) the subsistence of copyright in the material;

(b) the ownership of the copyright;

(2) The person must comply with the direction.

22 Action period

For the definition of action period in section 134B of the Act, the

period is 10 working days.

22A Claim period

For the definition of claim period in section 134B of the Act, the

period is 10 working days.

22B Claim for release of seized copies

(1) For paragraph 135AEA(3)(a) of the Act, the claim must be in a

form approved by the Comptroller-General of Customs.

(2) For paragraph 135AEA(3)(b) of the Act, the claim must include

the following information:

(a) the importer’s full name, home or business address and

address for service;

(b) a telephone number for the importer;

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Regulation 23

30 Copyright Regulations 1969

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(d) if the importer’s home or business address is not in Australia:

(i) the full name and the home or business address of a

person who is the importer’s agent in Australia; and

(ii) an address for service for the person who is the

importer’s agent in Australia; and

(iii) a telephone number for the person; and

(iv) information showing that the person agreed to be the

importer’s agent;

(e) if a person or body other than the agent made arrangements

on the importer’s behalf for the seized copies to be brought to

Australia:

(i) the full name, home or business address and address for

service of the person or body; and

(ii) a telephone number for the person or body.

Note: Examples of grounds for paragraph (c) are:

(a) that the copies are not infringing copies; and

(b) that the importation of the copies did not infringe copyright.

23 Restriction of importation into Norfolk Island of printed copies of

works

(1) In this regulation:

(a) a reference to the Territory is a reference to Norfolk Island;

and

(b) a reference to importation into the Territory does not include

importation from Australia or from another Territory not

forming part of the Commonwealth.

(2) The owner of the copyright in a published literary, dramatic or

musical work may give notice in writing to the Collector of

Customs of the Territory (in this regulation referred to as the

Collector) stating:

(a) that he is the owner of the copyright in the work; and

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(b) that he objects to the importation into the Territory, during a

period specified in the notice, of copies of the work to which

this regulation applies.

(3) A notice under the last preceding subregulation is of no effect

unless the period specified in the notice does not exceed five years

and does not extend beyond the end of the period for which the

(4) For the purposes of subregulation (2), a notice to the Collector

shall be in accordance with Schedule 11.

(5) The owner of the copyright in a work may appoint another person

to act as his agent for the purpose of the giving of a notice by the

owner under subregulation (2) of this regulation.

(6) This regulation applies, in relation to a work, to any printed copy

of the work made outside Australia and the Territories of the

Commonwealth not forming part of the Commonwealth the

making of which would, if it had been made in the Territory by the

person who imported it into the Territory, have constituted an

infringement of the copyright in the work.

(7) Where a notice has been given under subregulation (2) of this

regulation in respect of a work and has not been withdrawn, the

importation of copies of the work to which this regulation applies

into the Territory for the purpose of:

(a) selling, letting for hire, or by way of trade offering or

exposing for sale or hire, the copies;

(b) distributing the copies:

(i) for the purpose of trade; or

(ii) for any other purpose to an extent that will affect

prejudicially the owner of the copyright in the work; or

is prohibited and any such copies, if imported into the Territory for

any such purpose, may, subject to this regulation, be seized as

forfeited to the Administration of the Territory.

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Regulation 23

32 Copyright Regulations 1969

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(8) The Collector, or on appeal from him the Administrator of the

Territory, may direct that copies of a work that are liable to be or

have been seized as forfeited under this regulation be delivered to

the owner or importer if security has been given to the satisfaction

of the Collector that the copies will be forthwith exported from the

Territory.

(9) A person who has given a notice to the Collector in relation to a

work under subregulation (2) of this regulation shall, as and when

required by the Collector, give to the Collector such information

and evidence as the Collector requires for the purpose of enabling

him to satisfy himself as to the subsistence of copyright in the

work, as to the ownership of that copyright and, where the notice

was given by a person as agent for the owner of the copyright as to

the authority of the person to give the notice.

(10) The Collector may from time to time require a person who has

given a notice in relation to a work under subregulation (2) of this

regulation to give to the Collector security (whether by way of

deposit of money, of an instrument of guarantee or otherwise), as

the Collector specifies, in respect of any liability or expense that

may be incurred by the Collector as a result of the seizure of any

copy of the work.

(11) A person who has given a notice to the Collector in relation to a

work under subregulation (2) of this regulation is liable to

indemnify the Collector against any liability or expense that may

be incurred by the Collector as a result of the seizure of any copy

of the work to the extent to which any security given by the person

to the Collector in respect of that liability or expense is insufficient.

(12) Where a person who gave a notice under subregulation (2) of this

regulation has failed to comply with any requirement by the

Collector under this regulation or has failed to indemnify the

Collector against a liability or expense as provided by the last

preceding subregulation, the Collector may direct that copies

imported into the Territory of a work to which the notice relates are

not to be seized as forfeited.

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Regulation 23A

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Part 5—Copying and communication of broadcasts

by educational and other institutions

23A Definitions

For this Part, administering body, collecting society, institution,

relevant right holder and rules have the same meaning as in

Part VA of the Act.

23B Marking of copies etc—paragraph 135K(1)(a) of the Act

(1) For the purposes of paragraph 135K(1)(a) of the Act, the

administering body must mark, or cause to be marked, each copy,

or any container in which such copy is kept, in the following way,

namely, by specifying, in relation to the copy, or, where a

container is marked, in relation to each copy contained in the

container:

(a) the following particulars:

(i) the name of the institution for which the administering

body made the copy or caused it to be made;

(ii) a reference to Part VA of the Act;

(iii) the day on which the broadcast that was copied

commenced;

(iv) where the copy was made on a day other than the day on

which the broadcast commenced—the day on which the

copy of that broadcast was made; or

(b) the relevant identifying number of the copy; or

paragraph (a) have been agreed upon between the

administering body and the collecting society—those other

particulars.

(2) In this regulation, relevant identifying number, in relation to each

copy made by, or on behalf of, an administering body for an

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Regulation 23C

34 Copyright Regulations 1969

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institution, means the number or other reference code used by the

body that will enable the collecting society conveniently to:

(a) identify the institution; and

(b) locate, in relation to each such copy made, a copy of the

copying record made by the body, being a record made, or

caused to be made, under paragraph 135K(1)(b) of the Act.

23C Contents of record—paragraph 135K(1)(b) of the Act

For paragraph 135K(1)(b) of the Act, a record must contain the

following particulars:

(a) the name of the institution for which the administering body:

(i) made the copy or caused the copy to be made; or

(ii) communicated the copy or caused the copy to be

communicated;

(b) the Part of the Act in reliance on which the copying or

communication was carried out;

copy was made;

(d) in relation to the communication of a copy of a broadcast, the

day on which the copy was first communicated;

(e) in relation to copies of broadcasts that are taken, under

subsection 135H(3) of the Act, to have been copied or

communicated again, the day on which they were taken to

have been copied or communicated again;

(f) the title, or other identification, of the program, or of each of

the programs, included in the broadcast that was copied or

communicated;

(g) the name or call sign of the broadcaster who made the

broadcast;

(h) the day on which, and the time at which, the broadcast

commenced;

(i) the number of copies of the broadcast made by the

administering body;

(j) the number of times a copy of the broadcast was

communicated by the administering body.

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23D Prescribed retention period—paragraph 135K(1)(c) of the Act

For the purposes of paragraph 135K(1)(c) of the Act, a retention

period of 2 years is prescribed.

23E Sending of copies of records—paragraph 135K(1)(d) of the Act

(1) This regulation applies to all records that relate to any copying of,

or communication of a copy of, a broadcast carried out, or taken,

under subsection 135H(3) of the Act, to have been carried out by,

or on behalf of, the administering body in a quarter.

(2) Copies of records that are to be sent to the collecting society under

paragraph 135K(1)(d) of the Act must be sent by registered or

certified mail, or otherwise as agreed between the administering

body and the collecting society, not later than 21 days after the end

of the quarter.

(3) In this regulation:

quarter means a period of 3 months beginning on 1 January,

1 April, 1 July or 1 October in any year.

23F Prescribed manner of keeping records—paragraph 135K(2)(a)

of the Act

For the purposes of paragraph 135K(2)(a) of the Act, a record of

the copying of a broadcast may be kept in any manner that permits

the information in the record to be elicited by the use of a

computer.

23G Form of record—paragraph 135K(2)(b) of the Act

For paragraph 135K(2)(b) of the Act, the prescribed form:

(a) in relation to a record of the copying of a broadcast—is the

form set out in Schedule 11AA; and

(b) in relation to a record of the communication of a copy of a

broadcast—is the form set out in Schedule 11AB.

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Regulation 23H

36 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

23H Marking of copies etc—subsection 135K(3) of the Act

For the purposes of subsection 135K(3) of the Act, the

administering body must mark, or cause to be marked, each copy,

or any container in which such copy is kept, in the following way,

namely, by specifying, in relation to the copy, or, where a

container is marked, in relation to each copy contained in the

container:

(a) the particulars referred to in paragraph 23B(1)(a); or

(b) where other particulars have been agreed upon between the

administering body and the collecting society—those other

particulars.

23HA Prescribed circumstances—section 135KA of the Act

An administering body is not required to comply with the

requirements of section 135KA of the Act in respect of the

communication of copies of broadcasts in either of the following

circumstances:

(a) if the communication is made within the premises of an

educational institution administered by the body in such a

manner that persons receiving or accessing the

communication cannot, by any means provided by the

educational institution:

(i) make an electronic copy of the broadcast, or any work

or other subject matter comprised in the broadcast; or

(ii) communicate the broadcast, or any work or subject

matter comprised in the broadcast;

(b) in other circumstances agreed between the body and the

collecting society.

23HB Notice requirements—paragraph 135KA(a) of the Act

A notice under paragraph 135KA(a) of the Act must be in the form

set out in Schedule 11AC.

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23J Prescribed provisions—paragraph 135P(3)(d) of the Act

(1) For the purposes of paragraph 135P(3)(d) of the Act, in relation to

the rules of the collecting society, the following provisions are

prescribed, namely:

(a) that accounting periods be determined, in accordance with

the rules, by the collecting society for accounting purposes

and that no such period extend beyond 30 June in any year;

(b) that a consistent practice be followed with regard to

attributing the receipts and expenditure of the collecting

society to a particular accounting period;

collection of amounts of equitable remuneration, having

regard to the expenses likely to be incurred in the collection

of such amounts;

(d) that the total amount of any gifts for cultural or benevolent

purposes made by the collecting society in respect of any

accounting period be an amount not exceeding such

percentage of the total amount of equitable remuneration

received by the society in respect of that period as is

specified in the rules;

(e) that the administrative costs and other outgoings of the

collecting society paid by the society out of the amounts of

equitable remuneration collected by it be reasonable;

(f) that the distributable amount, in respect of each accounting

period of the collecting society, be allocated in accordance

with a scheme of allocation (in this regulation called the

scheme) that:

(i) is determined in accordance with the rules; and

(ii) includes criteria for allocation that are specified in the

rules; and

(iii) provides for the allocation of potential shares in the

distributable amount to qualified persons;

(g) that, in relation to each potential share in the distributable

amount allocated in accordance with the scheme of the

collecting society, an amount representing that potential

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(i) where the qualified person to whom that share was

allocated is, at the time of the allocation, a member of

the society—be distributed, as soon as is reasonably

possible after the allocation, to that qualified person; or

(ii) where the qualified person to whom that share was

allocated is not, at the time of the allocation, a member

of the society:

(A) be paid, as soon as is reasonably possible after

the allocation, into a trust fund operated by the

society for purposes referred to in

paragraph (h); and

(B) subject to sub-subparagraph (C), be held in that

fund in accordance with the rules of the society;

and

becomes a member while the amount

representing that person’s potential share is

held in the trust fund—be distributed to that

person or that person’s agent, whichever first

becomes the member, as soon as is reasonably

possible after that person, or that person’s

agent, as the case may be, becomes a member;

(h) that a trust fund be operated by the collecting society for

purposes that include the holding on trust for any relevant

right holder who is not a member of the society, and whose

agent is not a member, of any potential share allocated to that

holder in accordance with the scheme;

(i) that any part of a distributable amount, being a part that, in

relation to an accounting period, cannot for any reason be

allocated or distributed, be held on trust in the trust fund

referred to in paragraph (h) until distribution becomes

possible or until the end of a specified period of not less than

4 years, whichever happens first;

(j) that a member of the collecting society, including a member

who is a relevant right holder or the agent of a relevant right

holder, be entitled to reasonable access to the records of the

society.

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(2) In this regulation:

distributable amount, in relation to an accounting period of the

collecting society, means the amount of equitable remuneration

received by the society that is:

(a) attributable to that period (in accordance with the practice of

the society); or

(b) otherwise available for distribution;

after the payment or reservation, out of that amount, of:

(i) gifts made by the society; and

(ii) administrative costs and other outgoings of the society;

and

(d) amounts to be carried forward, in accordance with the rules

of the society, to the next accounting period.

equitable remuneration means the equitable remuneration payable

by administering bodies under section 135H or 135J of the Act.

potential share, in relation to a distributable amount, means a share

in that amount in relation to which share the distribution of an

amount representing that share will take place in the circumstances

referred to in subparagraph (1)(g)(i) or (ii).

qualified person, in relation to a collecting society, means:

(a) a member of the collecting society who is a relevant right

holder or the agent of a relevant right holder; or

(b) a relevant right holder who is not a member of the collecting

society and whose agent, if any, is not a member.

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Regulation 23JA

40 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Part 5A—Reproduction and communication of

works etc by educational and other

institutions

23JA Interpretation

For this Part, administering body, collecting society, eligible item,

institution, licensed copy, relevant collecting society, relevant

copyright owner, remuneration notice and rules have the same

meaning respectively as in Part VB of the Act.

23JB Prescribed message (Act s 135ZQ(3))

For subsection 135ZQ(3) of the Act, the prescribed message is:

(a) ‘This is a sound recording made on [day on which the

recording was made] in reliance on section 135ZQ of the

Copyright Act 1968.’; or

(b) ‘This is a sound recording made on [day on which the

recording was made] in reliance on section 135ZQ of the

Copyright Act 1968, solely for use in the making of a

reproduction or communication under section 135ZP of that

Act for a person with a print disability.’

23JC Marking of relevant reproductions—subsection 135ZQ(4) of

the Act

For subsection 135ZQ(4) of the Act, the administering body must

mark, or cause to be marked, each relevant reproduction in

hardcopy form in the following way, namely, by specifying on the

reproduction:

(a) where particulars have been agreed upon between the

administering body and the collecting society—those

particulars; and

(b) in any other case:

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(i) the name of the institution for which the administering

body made the reproduction or caused it to be made;

and

(ii) a reference to section 135ZQ of the Act; and

(iii) the day on which the reproduction was made.

23JD Prescribed message (Act s 135ZT(3))

For subsection 135ZT(3) of the Act, the prescribed message is:

(a) ‘This is a sound recording made on [day on which the

recording was made] in reliance on section 135ZT of the

Copyright Act 1968.’; or

(b) ‘This is a sound recording made on [day on which the

recording was made] in reliance on section 135ZT of the

Copyright Act 1968, solely for use in the making of a copy or

communication for a person with an intellectual disability.’

23JE Marking of copies—subsection 135ZT(4) of the Act

For subsection 135ZT(4) of the Act, the administering body must

mark, or cause to be marked, each copy, in hardcopy or analog

form, in the following way, namely, by specifying on the copy:

(a) where particulars have been agreed upon between the

administering body and the collecting society—those

particulars; and

(b) in any other case:

(i) the name of the institution for which the administering

body made the copy or caused it to be made; and

(ii) a reference to section 135ZT of the Act; and

(iii) the day on which the copy was made.

23JF Marking of licensed copies etc—paragraph 135ZX(1)(a) of the

Act

(1) For paragraph 135ZX(1)(a) of the Act, the administering body

must mark, or cause to be marked, each licensed copy made in

hardcopy form or analog form, or any container in which such

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Regulation 23JG

42 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

copy is kept, by specifying on the copy, or on the container in

relation to each copy contained in the container:

(a) the following particulars:

(i) the name of the institution for which the administering

body made the copy or caused it to be made;

(ii) a reference to the section of the Act in reliance on which

the copy was made;

(iii) the day on which the copy was made; or

(b) the relevant identifying number of the licensed copy; or

other than the particulars referred to in paragraph (a) have

been agreed upon between the administering body and the

relevant collecting society—those other particulars.

(2) In this regulation, relevant identifying number, in relation to each

licensed copy made in hardcopy form or analog form by, or on

behalf of, an administering body for an institution, while a

remuneration notice is in force, means the number or other

reference code used by the body that will enable the relevant

collecting society conveniently to:

(a) identify the institution; and

(b) locate, in relation to each such copy made, a copy of the

copying record made by the body, being a record made, or

caused to be made, under paragraph 135ZX(1)(b) of the Act.

23JG Prescribed particulars—paragraph 135ZX(1)(b) of the Act

(1) For paragraph 135ZX(1)(b) of the Act, the following particulars

are prescribed in relation to the making of a licensed copy, in

hardcopy form or analog form, of the whole or a part of an article

contained in a periodical publication:

(a) the name of the institution for which the administering body

made the licensed copy or caused the copy to be made;

(b) the section of the Act in reliance on which the making of that

copy was carried out;

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(d) the full name or the surname and initials of the author of the

article (if that name is known);

(e) the name of that periodical publication;

(f) the International Standard Serial Number of that periodical

publication;

(g) the name of the publisher of the issue of the periodical

publication containing the article;

(h) the volume and number, if any, or the date of publication, or

other identification, of the issue of the periodical publication

containing the article;

(i) the number of pages copied;

(j) the number of copies made of each page copied;

(k) where the licensed copy, not being a reprographic

reproduction, was in the form of:

(i) a record embodying a sound recording of the whole or a

part of the article; or

(ii) a Braille version, a large-print version, or a

photographic version, of the whole or a part of the

article;

a reference to that form.

(2) For paragraph 135ZX(1)(b) of the Act, the following particulars

are prescribed in relation to the making of a licensed copy, in

hardcopy form or analog form, of the whole or a part of a work, not

being an article contained in a periodical publication:

(a) the name of the institution for which the administering body

made the licensed copy or caused the copy to be made;

(b) the section of the Act in reliance on which the making of that

copy was carried out;

(d) the full name, or the surname and initials, of the author of the

work (if that name is known);

(e) the title or other identification of the work;

(f) the International Standard Book Number of the published

edition containing the work;

(g) the name of the publisher of the edition containing the work;

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44 Copyright Regulations 1969

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(h) the year of publication of that edition;

(i) the number of pages copied;

(j) the number of copies made of each page copied;

(k) where the licensed copy, not being a reprographic

reproduction, was in the form of:

(i) a record embodying a sound recording of the whole or a

part of the work; or

(ii) a Braille version, a large-print version, or a

photographic version, of the whole or a part of the

work;

a reference to that form.

(3) For paragraph 135ZX(1)(b) of the Act, the following particulars

are prescribed in relation to the making of a licensed copy, in

hardcopy form or analog form, of an eligible item, being a

published sound recording or cinematograph film:

(a) the name of the institution for which the administering body

made the licensed copy or caused it to be made;

(b) the section of the Act in reliance on which the making of the

licensed copy was carried out;

(d) the title of the recording or film, as the case may be, or other

identification of the recording or film;

(e) the number of copies made of the recording or film;

(f) the form in which the copies were made, being a record

embodying a sound recording or a copy of a cinematograph

film.

23JH Prescribed retention period—paragraph 135ZX(1)(c) of the

Act

For paragraph 135ZX(1)(c) of the Act, a retention period of 2 years

is prescribed.

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Regulation 23JJ

Copyright Regulations 1969 45

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

23JJ Sending of copies of records—paragraph 135ZX(1)(d) of the

Act

Copies of all records that relate to the making of licensed copies, in

hardcopy form or analog form, carried out by, or on behalf of, the

administering body during a period of 3 months commencing on

1 January, 1 April, 1 July or 1 October in any year (being copies

that are to be sent to the collecting society under

paragraph 135ZX(1)(d) of the Act) must be sent by registered or

certified mail, or otherwise as agreed between the administering

body and the collecting society, not later than 21 days after the end

of that 3 month period.

23JK Prescribed manner of keeping records—

paragraph 135ZX(2)(a) of the Act

For paragraph 135ZX(2)(a) of the Act, a record of the making of a

licensed copy, in hardcopy form or analog form, may be kept in

any manner that permits the information in the record to be elicited

by the use of a computer.

23JL Prescribed form—paragraph 135ZX(2)(b) of the Act

For paragraph 135ZX(2)(b) of the Act, the form in Schedule 11A is

prescribed.

23JLA Notice requirements—paragraph 135ZXA(a) of the Act

A notice under paragraph 135ZXA(a) of the Act must be in the

form set out in Schedule 11B.

23JM Prescribed provisions—paragraph 135ZZB(3)(d) of the Act

(1) For paragraph 135ZZB(3)(d) of the Act, in relation to the rules of a

collecting society that is declared, under subsection 135ZZB(1) of

the Act, to be the collecting society for all relevant copyright

owners, or for such classes of relevant copyright owners as are

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Regulation 23JM

46 Copyright Regulations 1969

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specified in the notice referred to in subsection 135ZZB(1), the

following provisions are prescribed, namely:

(a) that accounting periods be determined, in accordance with

the rules, by the collecting society for accounting purposes

and that no such period extend beyond 30 June in any year;

(b) that a consistent practice be followed with regard to

attributing the receipts and expenditure of the collecting

society to a particular accounting period;

collection of amounts of equitable remuneration, having

regard to the expenses likely to be incurred in the collection

of such amounts;

(d) that the total amount of any gifts for cultural or benevolent

purposes made by the collecting society in respect of any

accounting period be an amount not exceeding such

percentage of the total amount of equitable remuneration

received by the society in respect of that period as is

specified in the rules;

(e) that the administrative costs and other outgoings of the

collecting society paid by the society out of the amounts of

equitable remuneration collected by it be reasonable;

(f) that the distributable amount, in respect of each accounting

period of the collecting society, be allocated in accordance

with a scheme of allocation (in this regulation called the

scheme) that:

(i) is determined in accordance with the rules; and

(ii) includes criteria for allocation that are specified in the

rules; and

(iii) provides for the allocation of potential shares in the

distributable amount to qualified persons;

(g) that, in relation to each potential share in the distributable

amount allocated in accordance with the scheme of the

collecting society, an amount representing that potential

(i) where the qualified person to whom that share was

allocated is, at the time of the allocation, a member of

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Copyright Regulations 1969 47

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the society—be distributed, as soon as is reasonably

possible after the allocation, to that qualified person; or

(ii) where the qualified person to whom that share was

allocated is not, at the time of the allocation, a member

of the society:

(A) be paid, as soon as is reasonably possible after

the allocation, into a trust fund operated by the

society for purposes referred to in

paragraph (h); and

(B) subject to sub-subparagraph (C), be held in that

fund in accordance with the rules of the society;

and

becomes a member while the amount

representing that person’s potential share is

held in the trust fund—be distributed to that

person or that person’s agent, whichever first

becomes the member, as soon as is reasonably

possible after that person, or that person’s

agent, as the case may be, becomes a member;

(h) that a trust fund be operated by the collecting society for

purposes that include the holding on trust for any relevant

whose agent is not a member, of any potential share allocated

to that owner in accordance with the scheme;

(i) that any part of a distributable amount, being a part that, in

relation to an accounting period, cannot for any reason be

allocated or distributed, be held on trust in the trust fund

referred to in paragraph (h) until distribution becomes

possible or until the end of a specified period of not less than

4 years, whichever happens first;

(j) that a member of the collecting society, including a member

who is a relevant copyright owner or the agent of a relevant

records of the society.

(2) In this regulation:

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distributable amount, in relation to an accounting period of the

collecting society, means the amount of equitable remuneration

received by the society that is:

(a) attributable to that period (in accordance with the practice of

the society); or

(b) otherwise available for distribution;

after the payment or reservation, out of that amount, of:

(i) gifts made by the society; and

(ii) administrative costs and other outgoings of the society;

and

(d) amounts to be carried forward, in accordance with the rules

of the society, to the next accounting period.

equitable remuneration means the equitable remuneration payable

by administrative bodies under section 135ZV or 135ZW of the

Act.

potential share in relation to a distributable amount, means a share

in that amount in relation to which share the distribution of an

amount representing that share will take place in the circumstances

referred to in subparagraph (1)(g)(i) or (ii).

qualified person, in relation to a collecting society, means:

(a) a member of the collecting society who is a relevant

(b) a relevant copyright owner who is not a member of the

collecting society and whose agent, if any, is not a member.

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Regulation 23K

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23K Identity cards—subsection 135ZZQ(1) of the Act

(1) For subsection 135ZZQ(1) of the Act, an identity card must:

(a) set out the following information:

(i) the name of the collecting society;

(ii) the name and title of the person to whom the identity

card is issued;

(iii) the name and title of the person who issued the identity

card;

(iv) the date on which the identity card is issued;

(v) the date on which the identity card will expire; and

(b) state that it has been issued under section 135ZZQ of the Act;

and

(2) The expiry date stated on an identity card under

subparagraph (1)(a)(v) must be no later than 3 years after the day

on which the identity card is issued.

23L Rules of a collecting society—paragraph 135ZZT(3)(d) of the

Act

(1) For paragraph 135ZZT(3)(d) of the Act, the rules of a collecting

society must contain the following provisions:

(a) that accounting periods must be determined, in accordance

with the rules, by the collecting society for accounting

purposes and that no accounting period may extend beyond

30 June in any year;

(b) that a consistent practice must be followed with regard to

attributing the receipts and expenditure of the collecting

society to a particular accounting period;

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Regulation 23L

50 Copyright Regulations 1969

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in the collection of amounts of equitable remuneration,

having regard to the expenses likely to be incurred in the

collection of such amounts;

(d) that the total amount of any gifts for cultural or benevolent

purposes made by the collecting society in respect of any

accounting period must not exceed such percentage of the

total amount of equitable remuneration received by the

society for that accounting period as is specified in the rules;

(e) that the administrative costs and other outgoings of the

collecting society paid by the society out of the amounts of

equitable remuneration collected by it must be reasonable;

(f) that the distributable amount, in respect of each accounting

period of the collecting society, must be allocated in

accordance with a scheme of allocation (the scheme) that:

(i) is determined in accordance with the rules; and

(ii) includes criteria for allocation that are specified in the

rules; and

(iii) provides for the allocation of potential shares in the

distributable amount to qualified persons;

(g) that, in relation to each potential share in the distributable

amount allocated to a qualified person in accordance with the

scheme of the collecting society, an amount representing the

(i) if the qualified person is, at the time of allocation, a

member of the society—must be paid, as soon as is

reasonably possible after the allocation, to the qualified

person; or

(ii) if the qualified person is not, at the time of allocation, a

member of the society:

(A) must be paid, as soon as is reasonably possible

after the allocation, into a trust fund operated by

the society for purposes referred to in

paragraph (h); and

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(B) subject to sub-subparagraph (C), must be held

in that fund in accordance with the rules of the

society; and

the amount is held in the trust fund—must be

distributed to the person as soon as is

reasonably possible after he or she becomes a

member;

(h) that a trust fund must be operated by the collecting society

for purposes that include the holding on trust for any relevant

member of the society of any potential share allocated to that

owner in accordance with the scheme;

(i) that any part of a distributable amount that, in relation to an

accounting period, cannot for any reason be distributed must

be held on trust in the trust fund referred to in paragraph (h)

until distribution becomes possible or until the end of a

specified period of not less than 4 years, whichever happens

first;

(j) that a member of the collecting society, including a member

who is a relevant copyright owner or the agent of a relevant

access to the records of the society.

(2) In this regulation:

distributable amount, in relation to an accounting period of the

collecting society, means the amount of equitable remuneration

received by the society that is:

(a) attributable to that period (in accordance with the practice of

the society); or

(b) otherwise available for distribution;

after the payment or reservation, out of that amount, of the

non-distributable amount.

equitable remuneration means the equitable remuneration payable

by retransmitters under section 135ZZM of the Act.

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non-distributable amount, in relation to an accounting period,

means:

(a) amounts attributable to that period that are paid or held, in

accordance with the rules of the society, for:

(i) gifts made by the society; and

(ii) administrative costs and other outgoings of the society;

and

(b) amounts to be carried forward, in accordance with the rules

of the society, to the next accounting period.

potential share means a share that is:

(a) a share in a distributable amount; and

(b) represented by an amount that will be distributed in the

circumstances referred to in subparagraph (1)(g)(i) or (ii).

qualified person, in relation to a collecting society, means:

(a) a member of the collecting society who is a relevant

(b) a relevant copyright owner who is not a member of the

collecting society and whose agent, if any, is not a member.

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Regulation 23M

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Part 6A—Infringement notices and forfeiture of

infringing copies and devices

Division 6A.1—Preliminary

23M Purpose of Part

(1) The purpose of this Part is to set up a scheme, as an alternative to

prosecution, to enable a person who is alleged to have committed

an offence of strict liability against Division 5 of Part V of the Act,

or Subdivision A or B of Division 3 of Part XIA of the Act, to:

(a) pay a penalty, specified in an infringement notice for the

alleged offence, to the Commonwealth; and

(b) for an alleged offence against a provision of Division 5 of

Part V of the Act (except subsections 132AQ(5), 132AR(5)

and 132AS(5)), agree to forfeit to the Commonwealth:

(i) each article (if any), in the person’s possession at the

time and place of the issue of the infringement notice

for the alleged offence, that is alleged to be an

infringing copy of a work or other subject-matter and

that is alleged to have been involved in the commission

of the offence; and

(ii) each device (if any), in the person’s possession at the

time and place of the issue of the infringement notice

for the alleged offence, that is alleged to have been

made to be used for making an infringing copy of a

work or other subject-matter and that is alleged to have

been involved in the commission of the offence.

(2) This Part does not:

(a) require an infringement notice to be given to a person for the

alleged commission of an offence; or

(b) affect the liability of a person to prosecution for the

commission of an alleged offence if an infringement notice is

not given to the person for the offence; or

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Regulation 23N

54 Copyright Regulations 1969

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commission of an alleged offence if an infringement notice is

given to the person for the offence and the person does not

pay the penalty stated in the notice for the offence in

accordance with regulation 23U; or

(d) limit or otherwise affect the penalty that may be imposed by

a court on a person for an offence.

23N Definitions

In this Part:

authorised officer means:

(a) a member of the Australian Federal Police, within the

meaning of the Australian Federal Police Act 1979; or

(b) a member of the police force (however described) of a State

or Territory.

infringement notice means an infringement notice under

regulation 23P.

infringement notice offence means an offence of strict liability

under:

(a) Division 5 of Part V of the Act; or

(b) Subdivision A or B of Division 3 of Part XIA of the Act.

infringing article, in relation to an offence of strict liability against

a provision of Division 5 of Part V of the Act (except

subsections 132AQ(5), 132AR(5) and 132AS(5)), means an article

that is alleged to be an infringing copy of a work or other

subject-matter and that is alleged to have been involved in the

commission of the offence.

infringing device, in relation to an offence of strict liability against

a provision of Division 5 of Part V of the Act (except

subsections 132AQ(5), 132AR(5) and 132AS(5)), means a device

that is alleged to have been made to be used for making an

infringing copy of a work or other subject-matter and that is

alleged to have been involved in the commission of the offence.

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Regulation 23N

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nominated person, in relation to an infringement notice, means the

person specified in the notice as the nominated person.

recipient, in relation to an infringement notice, means the person to

whom the notice is given under subregulation 23P(1).

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Division 6A.2 Forfeiture of infringing articles and devices

Regulation 23O

56 Copyright Regulations 1969

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Division 6A.2—Forfeiture of infringing articles and devices

23O Forfeiture of infringing articles and devices

(1) This regulation applies if:

(a) an authorised officer has reasonable grounds to believe that a

person has committed an offence of strict liability against a

provision of Division 5 of Part V of the Act (except

subsections 132AQ(5), 132AR(5) and 132AS(5)); and

(b) the person possesses, at the time and place that the authorised

officer forms the belief mentioned in paragraph (a), an

infringing article or an infringing device in relation to the

alleged offence.

(2) The authorised person may inform the person (either orally or by

written notice) that the person may avoid prosecution for the

alleged offence if:

(a) the person agrees to forfeit, and does forfeit, to the

Commonwealth all infringing articles and devices that the

person possesses at that time and place in relation to the

alleged offence; and

(b) the person pays the penalty specified in an infringement

notice for the alleged offence in accordance with

regulation 23U; and

withdrawn.

(3) If the person agrees to forfeit to the Commonwealth all infringing

articles and devices that the person possesses at that time and place

in relation to the alleged offence, the authorised officer:

(a) may take possession of the infringing articles and devices;

and

(b) must give the person a receipt for the infringing articles and

devices taken into possession.

(4) If the person pays the penalty specified in an infringement notice

for the alleged offence, the nominated person must cause all

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Regulation 23O

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infringing articles and devices in relation to the alleged offence that

the person agreed to forfeit, and did forfeit, to the Commonwealth

to be destroyed.

Note: An infringement notice relating to an offence against a provision of

Division 5 of Part V of the Act (except subsections 132AQ(5),

132AR(5) and 132AS(5)) may not be given if the recipient does not

agree to forfeit to the Commonwealth all infringing articles and

devices in the person’s possession at that time and place in relation to

the alleged offence—see regulation 23P.

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Division 6A.3 Infringement notices

Regulation 23P

58 Copyright Regulations 1969

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Division 6A.3—Infringement notices

Subdivision 6A.3.1—Contents of infringement notices

23P When an infringement notice can be given

(1) If:

(a) an authorised officer has reasonable grounds to believe that a

person has committed an infringement notice offence; and

(b) for an offence against a provision of Division 5 of Part V of

the Act (except subsections 132AQ(5), 132AR(5) and

132AS(5)), the person has agreed to forfeit, and has forfeited,

to the Commonwealth all infringing articles and devices in

relation to the alleged offence in the person’s possession at

the time and place that the authorised officer forms the belief

mentioned in paragraph(a);

the authorised officer may give to the person an infringement

notice relating to the alleged offence.

(2) An infringement notice relating to an alleged offence must be

given within 12 months after the day on which the offence is

alleged to have been committed.

(3) If an infringement notice given to a person in relation to the alleged

commission of a particular offence is withdrawn, an authorised

officer may give the person a new infringement notice in relation

to that alleged commission.

Example for subregulation (3): An infringement notice given to a person in

relation to the alleged commission of a particular offence may be

withdrawn and a new infringement notice given to the person in

relation to that alleged commission if the original infringement notice

contained an error.

23Q Contents of infringement notice

An infringement notice:

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(a) must be in accordance with the form set out in Schedule 11C;

and

(b) may contain any other information that the authorised officer

who gives it thinks necessary.

Subdivision 6A.3.2—Penalties

23R Amount of penalty if infringement notice given

The penalty payable under an infringement notice for the alleged

commission of an infringement notice offence is:

(a) for an individual—12 penalty units; and

(b) for a body corporate—60 penalty units.

23S Extension of time to pay penalty

(1) Within 28 days after receiving an infringement notice, the recipient

may apply, in writing, to the nominated person for a further period

of up to 28 days in which to pay the penalty stated in the notice.

(2) The application must:

(a) specify the infringement notice’s unique identification code;

and

(b) set out the reasons for the application.

(3) Within 14 days after receiving the application, the nominated

person must:

(a) grant or refuse a further period not longer than the period

sought (but less than 28 days); and

(b) notify the recipient in writing of the decision and, if the

decision is a refusal, the reasons for the decision.

23T Payment of penalty by instalments

(1) Within 28 days after receiving an infringement notice, the recipient

may apply, in writing, to the nominated person for permission to

pay the amount of the infringement notice penalty by instalments.

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Regulation 23U

60 Copyright Regulations 1969

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(2) The application must:

(a) specify the infringement notice’s unique identification code;

and

(b) set out the reasons for the application; and

recipient proposes to pay.

(3) Within 14 days after receiving the application, the nominated

person must:

(a) grant or refuse to grant permission for payment by

instalments; and

(b) give the recipient written notice of the decision, including:

(i) if permission is granted—the amount and frequency of

the instalments); and

(ii) if permission is refused—the reasons for refusal.

23U Time for payment of penalty

The penalty stated in an infringement notice must be paid:

(a) within 28 days after the day on which the notice is given to

the recipient; or

(b) if the recipient applies for a further period of time in which to

pay the penalty, and the application is granted—within the

further period allowed; or

pay the penalty, and the application is refused—within 7 days

after the notice of the refusal is given to the recipient; or

(d) if the recipient applies for permission to pay the penalty by

instalments, and permission is granted—in accordance with

the permission; or

(e) if the recipient applies for permission to pay the penalty by

instalments, and permission is refused—within 7 days after

the notice of the refusal is given to the recipient; or

(f) if the recipient applies for the notice to be withdrawn, and the

application is refused—within 28 days after the notice of the

refusal is given to the recipient.

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Regulation 23V

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23V Effect of payment of penalty and forfeiture of infringing articles

and devices

(1) The effects mentioned in subregulation (3) apply in relation to an

alleged offence against a provision of Subdivision A or B of

Division 3 of Part XIA of the Act, or against subsection 132AQ(5),

132AR(5) or 132AS(5) of the Act, if:

(a) an infringement notice is given in relation to the alleged

offence; and

(b) the infringement notice is not withdrawn; and

accordance with regulation 23U.

(2) The effects mentioned in subregulation (3) apply in relation to an

alleged offence against a provision of Division 5 of Part V of the

Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)) if:

(a) an infringement notice is given in relation to the alleged

offence; and

(b) the infringement notice is not withdrawn; and

accordance with regulation 23U; and

(d) the recipient agrees to forfeit, and has forfeited, to the

Commonwealth all infringing articles and devices that the

recipient possessed in relation to the alleged offence at the

time and place at which the infringement notice was given.

(3) The effects are:

(a) any liability of the recipient for the alleged offence is

discharged; and

(b) no prosecution may be brought against the recipient for the

alleged offence; and

offence; and

(d) the recipient is not taken to have been convicted of the

offence.

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Regulation 23W

62 Copyright Regulations 1969

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Subdivision 6A.3.3—Withdrawal of infringement notices

23W Withdrawal of infringement notice by nominated person

(1) Within 28 days after receiving an infringement notice, the recipient

may apply, in writing, to the nominated person for the infringement

notice to be withdrawn.

(2) The application must:

(a) specify the infringement notice’s unique identification code;

and

(b) set out the reasons for the application.

(3) Within 14 days after receiving the application, the nominated

person must:

(a) withdraw or refuse to withdraw the notice; and

(b) notify the recipient in writing of the decision and, if the

decision is a refusal, the reasons for the decision.

(4) Without limiting subregulation (3), the nominated person may

withdraw the infringement notice after taking into account:

(a) whether the recipient has been previously convicted of an

offence against the Act; or

(b) the circumstances in which the offence specified in the notice

is alleged to have been committed; or

the recipient in relation to an offence of the same kind as the

offence specified in the notice, and in relation to which the

recipient paid the penalty under the notice; or

(d) any other relevant matter.

(5) If the nominated person has not withdrawn, or refused to withdraw,

the notice within the period mentioned in subregulation (3), the

nominated person is taken to have refused to withdraw the notice.

(6) Application may be made to the Administrative Appeals Tribunal

for review of a decision of the nominated person to refuse to

withdraw an infringement notice.

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Regulation 23X

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Note: Under section 27A of the Administrative Appeals Tribunal Act 1975,

the decision-maker must give to any person whose interests are

affected by the decision notice, in writing or otherwise, of the making

of the decision and the person’s right to have the decision reviewed.

23X Withdrawal of infringement notice by authorised officer

(1) An authorised officer may withdraw an infringement notice given

by him or her without an application under regulation 23W having

been made.

(2) Without limiting subregulation (1), the authorised officer may

withdraw the infringement notice after taking into account a matter

mentioned in paragraph 23W(4)(a), (b), (c) or (d).

23Y Notice of withdrawal of infringement notices

A notice withdrawing an infringement notice:

(a) must include the following information:

(i) the full name, or surname and initials, and address of the

recipient;

(ii) the date the infringement notice was given;

(iii) the infringement notice’s unique identification code;

and

(b) must state that the notice is withdrawn.

23Z Refund of penalty

If an infringement notice is withdrawn after the penalty stated in it

has been paid, the Commonwealth must refund the amount of the

penalty to the person who paid it.

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Regulation 24

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Part 7—Miscellaneous

24 Effect of suspension of orders of Copyright Tribunal

Where an order of the Copyright Tribunal is suspended:

(a) paragraph (a) of subsection (6) of section 154, and

subsections (8) and (10) of section 155, of the Act operate

during the period of the suspension as if the order had not

been made;

(b) paragraph (b) of subsection (6) of section 154 of the Act

operates as if the order had not been suspended; and

order in respect of the period of the suspension.

25 Notification of use of copyright material for services of the

Crown

(1) For the purposes of subsection (4) of section 183 of the Act, the

owner of a copyright shall be informed of the doing of any act

comprised in the copyright by means of a notice given in

accordance with this regulation.

(2) If the person giving the notice on behalf of the Commonwealth or

the State knows the name, and an address for service in Australia,

of the owner of the copyright or, where a copyright owner has

authorized an agent to deal on behalf of that copyright owner with

the copyright in the work, or other subject-matter, that is the

subject of the notice, of that owner or agent, that notice shall be

given by service of the notice on that owner, or that owner or

agent, as the case requires.

(3) If the person giving the notice on behalf of the Commonwealth or

the State:

(a) knows the name of the owner of the copyright or, where a

the copyright owner with the copyright in the work, or other

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subject-matter, that is the subject of the notice, of that owner

or agent; and

(b) knows an address outside Australia of a place of residence or

business, but no address for service in Australia, of that

owner, or that owner or agent as the case requires;

the notice shall be given by service of the notice by post on that

owner, or on that owner or agent, as the case requires, at that

address outside Australia.

(4) If the person giving the notice on behalf of the Commonwealth or

the State does not know the name or address, or knows the name,

but no address of a place of residence or business, of the owner of

the copyright or, where a copyright owner has authorized an agent

to deal on behalf of the copyright owner with the copyright in the

work, or other subject-matter, that is the subject of the notice, of

that owner or agent, the notice shall be given by being published in

the Commonwealth of Australia Gazette or Government Gazette of

the State, as the case requires.

(5) A notice under this regulation shall:

(a) be given in the name of the Commonwealth or the State, as

the case may be;

(b) state:

(i) the International Standard Book Number (if any) in

respect of the work or other subject-matter concerned

where that International Standard Book Number can be

ascertained from that work or other subject-matter; and

(ii) where no such International Standard Book Number can

be so ascertained, or where that International Standard

Book Number is insufficient to enable the work or other

subject-matter concerned to be identified, as the case

may be—the title, if any of that work or other

subject-matter and, if that title is not sufficient to enable

the work or other subject-matter to be identified,

description of the work or other subject-matter that is

sufficient to enable it to be so identified;

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(d) state whether the act has been done by the Commonwealth or

the State or by a person authorized by the Commonwealth or

the State;

(e) where the act has been done by a person authorized by the

Commonwealth or the State—state the name of that person;

and

(f) state that the purpose of the notice is to inform the owner in

pursuance of subsection (4) of section 183 of the Act of the

doing of the act.

25AA Other information and particulars for notices under

section 195AT

(1) For paragraph 195AT(2A)(c) of the Act, the following information

and particulars are prescribed for inclusion in a notice to an author

in relation to an artistic work that is affixed to or forms part of a

building:

(a) the date of the notice;

(b) the name (if any) and address of the building;

building;

(d) the name and address of the owner of the building;

(e) the owner’s contact details during business hours, including

work telephone and facsimile numbers, and email address (if

available);

(f) the name of the person who can provide the author with

access to the building or the work, or both, as applicable, and

that person’s contact details;

(g) the business hours during which the author may reasonably

have access to the building or to the work, or both, as

applicable;

(h) in relation to a change in the building (other than by reason

of relocation, demolition or destruction), a brief description

of the change and the extent (if any) to which the work is

likely to be affected;

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(i) in relation to the relocation of the building, a brief

description of the place and form of the relocation, and the

extent to which the work is likely to be affected.

(2) For paragraph 195AT(3A)(c) of the Act, the following information

and particulars are prescribed for inclusion in a notice to an author

in relation to a building, or to any plans or instructions used in the

construction of the building or a part of the building:

(a) the date of the notice;

(b) the name (if any) and address of the building;

(d) the owner’s contact details during business hours, including

work telephone and facsimile numbers, and email address (if

available);

(e) the name of the person who can provide the author with

access to the building and that person’s contact details;

(f) the business hours during which the author may reasonably

have access to the building;

(g) in relation to a change in the building (other than by reason

of relocation, demolition or destruction), a brief description

of the change and the extent (if any) to which the building is

likely to be affected;

(h) in relation to the relocation of the building, a brief

description of the place and form of the relocation and the

extent to which the building is likely to be affected.

(3) For paragraph 195AT(4B)(c) of the Act, the following information

and particulars are prescribed for inclusion in a notice to an author

in relation to the removal or relocation of a moveable artistic work

situated at a place that is accessible to the public:

(a) the date of the notice;

(b) a brief description of the moveable artistic work;

which the moveable artistic work may be accessed;

(d) the name and address of the remover of the moveable artistic

work;

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(e) the remover’s contact details during business hours,

including work telephone and facsimile numbers, and email

address (if available);

(f) if necessary, the name of the person who can provide the

author with access to the place and the moveable artistic

work, as applicable, and that person’s contact details;

(g) if necessary, the business hours during which the author may

reasonably have access to the place and to the moveable

artistic work;

(h) if the moveable artistic work is to be permanently removed or

relocated, the address or description of the new location or

storage location (if not open to the public) of the moveable

artistic work;

(i) if the removal or relocation of the moveable artistic work will

result in a change of ownership in the work, the name and

address of the new owner.

(4) In this regulation, author includes a person representing the author.

25A Prescribed retention period for the purposes of Part X of the

Act

The prescribed retention period for the purposes of Part X of the

Act in relation to a copy of the whole or a part of a work is a period

of 4 years after the making of that copy in reliance on section 49,

50, 51A or 110B, as the case requires, of the Act.

26 International organizations to which the Act applies

The organizations specified in Schedule 12 to these Regulations

are declared to be international organizations to which the Act

applies.

27 Service of documents in Australia

(1) A document that is required or permitted by these Regulations to

be served on a person in Australia (whether ‘serve’, ‘give’, ‘send’

or any other expression is used) may be served on the person:

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Regulation 27

Copyright Regulations 1969 69

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

(a) if the person is a corporation—by delivering the document

personally to the manager or secretary of the corporation, or,

if the corporation has a registered office in Australia under a

law of a State or Territory of the Commonwealth, by leaving

it at that office or by sending it by post addressed to the

corporation at that office or, if the corporation does not have

such a registered office, by sending it by post addressed to

the corporation at its principal place of business in Australia;

(b) if the person is not a corporation—by delivering the

document to the person personally or by sending it by post

addressed to the person at the address of the place of

residence or business in Australia of the person last known to

the person sending the document.

(2) In the application of the last preceding subregulation in relation to

a notice under paragraph (a) of subregulation (2) of regulation 10

of these Regulations, a reference to post shall be read as a

reference to registered post.

(3) For paragraphs 195AT(2A)(a), (3A)(a) and (4B)(a) of the Act, the

giving of a notice to an author, or person representing the author,

(addressee) must be:

(a) by registered post; or

(b) by a courier service that provides means of confirming

delivery to, or receipt by, the addressee.

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Part 8 Transitional matters

Regulation 28

70 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Part 8—Transitional matters

28 Transitional—application of repealed regulation 25B

Despite the repeal of regulation 25B by the Copyright Amendment

Regulations 2007 (No. 1), that regulation continues to have effect

for acts done before the commencement of item 23 of Schedule 1

29 Amendments made by the Customs and Other Legislation

Amendment (Australian Border Force) Regulation 2015

(1) A direction given by the CEO under subregulation 21(1) and in

force immediately before 1 July 2015 continues in force on and

after that day under that subregulation as if it had been given by the

Comptroller-General of Customs.

(2) An instrument in force under subregulation 22B(1) immediately

before 1 July 2015 has effect on and after that day as if it were an

instrument of the Comptroller-General of Customs in force under

that subregulation.

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Prescribed form of notice to be displayed Schedule 3

Copyright Regulations 1969 71

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Schedule 3—Prescribed form of notice to be

displayed (regulations 4B and 17A)

Commonwealth of Australia

Copyright Act 1968

Notice about the reproduction of works and the copying of published editions

Warning

Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Certain dealings with copyright will not constitute an infringement, including:

 a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including a fair dealing for the purposes of research or study; or

 a reproduction that is authorised by the copyright owner.

It is a fair dealing to make a reproduction for research or study, of one or more articles in a periodical publication for the same research or same course of study or, for any other work, of a reasonable portion of a work.

For a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable portion.

For a published work in electronic form only, a reasonable portion is not more than, in the aggregate, 10% of the number of words in the work.

More extensive reproduction may constitute fair dealing. To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40(2) of the Act.

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Schedule 3 Prescribed form of notice to be displayed

72 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.

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Prescribed form of record for an article in a periodical publication Schedule 3A

Copyright Regulations 1969 73

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Schedule 3A—Prescribed form of record for

an article in a periodical publication (paragraph 4C(3)(a))

Commonwealth of Australia

Copyright Act 1968

Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of an article contained in a periodical publication

Item Matter Particulars

1 The time and date of the making of the broadcast

2 If the International Standard Serial Number for the periodical publication is recorded in the periodical publication — that number

3 If the International Standard Serial Number for the publication is not so recorded — the name of the periodical publication

4 The title or description of the article

5 The name of the author of the article (if that name is known)

6 The volume, or volume and number, as the case requires, of the periodical publication containing the article

7 The page numbers of the pages in that volume, or in that number of that volume, that have been broadcast, or, if a page so broadcast does not bear a page number, a description of the page that will enable it to be identified

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Schedule 3B Prescribed form of record for a work not in a periodical publication

74 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Schedule 3B—Prescribed form of record for a

work not in a periodical publication (paragraph 4C(3)(b))

Commonwealth of Australia

Copyright Act 1968

Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of a work not being an article contained in a periodical publication

Item Matter Particulars

1 The time and date of the making of the broadcast

2 If the International Standard Book Number in respect of the work is recorded in the edition of the work copied — that number

3 If the International Standard Book Number in respect of the work is not so recorded:

(a) the title or description of the work; and

(b) the name of the publisher of the edition of the work; and

4 The page numbers of the pages in the edition of the work that have been broadcast or, if a page so broadcast does not bear a page number, a description of the page that will enable it to be identified

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Prescribed form of notice to library user making request Schedule 4

Copyright Regulations 1969 75

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Schedule 4—Prescribed form of notice to

library user making request (regulation 4D)

Commonwealth of Australia

Copyright Act 1968

Notice for paragraph 49(7A)(c) of the Copyright Act 1968

Warning

This material has been provided to you under section 49 of the Copyright Act 1968 (the Act) for the purposes of research or study. The contents of the material may be subject to copyright protection under the Act.

Further dealings by you with this material may be a copyright infringement. To determine whether such a communication would be an infringement, it is necessary to have regard to the criteria set out in Division 3 of Part III of the Act.

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Schedule 5 Key cultural institutions

76 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Schedule 5—Key cultural institutions (regulations 4E, 19A and 20AA)

Item Body

1 Australian Broadcasting Corporation

2 Australian National University Archives Program

3 Special Broadcasting Service Corporation

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Countries to which Division 6 of Part III of the Act applies Schedule 8

Copyright Regulations 1969 77

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Schedule 8—Countries to which Division 6 of

Part III of the Act applies (regulation 6)

Algeria

Andorra

Argentina

Austria

Bahamas

Bangladesh

Barbados

Belgium

Belize

Benin

Bolivia

Bosnia and Herzegovina

Brazil

Bulgaria

Burkina Faso

Cambodia

Cameroon

Canada

Central African Republic

Chad

Chile

Colombia

Congo

Congo, Democratic Republic of the

Costa Rica

Côte d’Ivoire

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Dominican Republic

Ecuador

Egypt

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78 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

El Salvador

Fiji

Finland

France

Gabon

Germany

Ghana

Greece

Guatemala

Guinea

Guinea-Bissau

Haiti

Holy See

Honduras

Hungary

Iceland

India

Ireland

Israel

Italy

Japan

Kenya

Korea, Republic of

Kosovo, Republic of

Lao People’s Democratic Republic

Lebanon

Lesotho

Liberia

Libyan Arab Jamahiriya

Liechtenstein

Luxembourg

Macedonia, former Yugoslav Republic of

Madagascar

Malawi

Malaysia

Mali

Malta

Mauritania

Mauritius

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Mexico

Monaco

Montenegro

Morocco

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Pakistan

Panama

Paraguay

Peru

Philippines

Poland

Portugal

Romania

Russian Federation

Rwanda

Saint Vincent and the Grenadines

Senegal

Serbia

Singapore

Slovenia

South Africa

Spain

Sri Lanka

Suriname

Sweden

Switzerland

Thailand

Togo

Trinidad and Tobago

Tunisia

Turkey

United Kingdom

United States of America

Uruguay

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80 Copyright Regulations 1969

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Venezuela

Zambia

Zimbabwe

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Prescribed form of notice to be displayed for copying of audio-visual items Schedule 9

Copyright Regulations 1969 81

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Schedule 9—Prescribed form of notice to be

displayed for copying of audio-visual

items (regulation 17A)

Commonwealth of Australia

Copyright Act 1968

Notice about the copying of audio-visual items

Warning

Copyright owners are entitled to take legal action against persons who infringe their copyright. Unless otherwise permitted by the Copyright Act 1968 (the Act), unauthorised use of audio-visual items in which copyright subsists may infringe copyright in that item.

It is not an infringement of copyright in an audio-visual item to use that item in a manner that is a fair dealing under section 103C of the Act.

Section 103C of the Act relates to fair dealing for the purpose of research or study and sets out the matters that must be considered in determining whether a reproduction of an audio-visual item is a fair dealing.

A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.

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Schedule 10 Forms for Part 3A

Part 1 Form of notification in relation to cached copyright material

82 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Schedule 10—Forms for Part 3A (regulations 20E, 20F, 20I, 20K, 20Q and 20T)

Part 1—Form of notification in relation to cached

copyright material

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

NOTIFICATION THAT CACHED COPYRIGHT MATERIAL HAS BEEN

REMOVED OR ACCESS HAS BEEN DISABLED AT THE ORIGINATING

SITE

TO [name of carriage service provider]

1. I, the person whose name is stated below, issue this notification for the

purposes of condition 3 of item 3 of the table in subsection 116AH(1) of

the Copyright Act 1968 and regulation 20E of the Copyright Regulations

1969.

2. I am the *owner/*agent of the owner of the copyright in the cached

copyright material).

3. I believe, in good faith, that the specified cached copyright material has

been removed, or access to it has been disabled, at the originating site.

4. I have taken reasonable steps to ensure that the information and

statements in this notification are accurate.

NAME OF *OWNER/*AGENT OF OWNER:

ADDRESS:

TELEPHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

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[signature]

*Owner/*Agent of owner

SCHEDULE

DESCRIPTION OF CACHED COPYRIGHT MATERIAL: [insert sufficient

information to enable the carriage service provider to identify the cached

copyright material that has been removed, or to which access has been

disabled, at the originating site]

INFORMATION ABOUT THE ORIGINATING SITE: [insert sufficient

information to enable the carriage service provider to identify the originating

site from which the cached copyright material has been removed or at which

access has been disabled]

DESCRIPTION OF CACHED COPYRIGHT MATERIAL ON CARRIAGE

SERVICE PROVIDER’S SYSTEM OR NETWORK: [insert sufficient

information to enable the carriage service provider to identify the cached

copyright material on its system or network that is to be removed, or to which

access is to be disabled]

* Omit if inapplicable

Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.

Note 2 If this notification is issued by electronic communication, the requirement to sign the notification is taken to have been met if the method described in subregulation 20D(2) of the Copyright Regulations 1969 is used.

Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notification — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this notification knowing that it is false or misleading in a material particular — see section 137.2 of the Criminal Code.

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Schedule 10 Forms for Part 3A

Part 2 Form of notice in relation to copyright material found to be infringing by an

Australian court

84 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Part 2—Form of notice in relation to copyright

material found to be infringing by an

Australian court

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

NOTICE RELATING TO COPYRIGHT MATERIAL THAT HAS BEEN

FOUND TO BE INFRINGING BY AN AUSTRALIAN COURT

TO [name of carriage service provider]

1. I, the person whose name is stated below, issue this notice for the

purposes of:

*condition 2 of item 4 of the table in subsection 116AH(1) of the

Copyright Act 1968 and regulation 20F of the Copyright Regulations

1969.

*condition 2 of item 5 of the table in subsection 116AH(1) of the

Copyright Act 1968 and regulation 20F of the Copyright Regulations

1969.

2. I am the *owner/*agent of the owner of the copyright in the copyright

material specified in the Schedule (the specified copyright material),

being:

*copyright material residing on your system or network.

*copyright material to which you have provided a reference on your

system or network.

3. I believe, in good faith, that the specified copyright material has been

found to be infringing by an Australian court.

4. I have taken reasonable steps to ensure that the information and

statements in this notice are accurate.

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Form of notice in relation to copyright material found to be infringing by an Australian

court Part 2

Copyright Regulations 1969 85

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

NAME OF *OWNER/*AGENT OF OWNER:

ADDRESS:

TELEPHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

[signature]

*Owner/*Agent of owner

SCHEDULE

DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information

to enable the carriage service provider to identify the copyright material that

has been found to be infringing by an Australian court]

LOCATION OF COPYRIGHT MATERIAL RESIDING ON CARRIAGE

SERVICE PROVIDER’S SYSTEM OR NETWORK OR REFERENCE TO

PROVIDER ON ITS SYSTEM OR NETWORK: [insert sufficient information

to enable the carriage service provider to locate on its system or network the

copyright material that has been found to be infringing by an Australian court,

or the reference provided by the carriage service provider on its system or

network to copyright material that has been found to be infringing by an

Australian court]

* Omit if inapplicable

Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.

Note 2 If this notice is issued by electronic communication, the requirement to sign the notice is taken to have been met if the method described in subregulation 20D(2) of the Copyright Regulations 1969 is used.

Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notice — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this notice knowing that it is false or misleading in a material particular — see section 137.2 of the Criminal Code.

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Schedule 10 Forms for Part 3A

Part 3 Form of notice of claimed infringement by owner or agent—copyright material

86 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Part 3—Form of notice of claimed infringement by

owner or agent—copyright material

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY

TO [name of carriage service provider]

1. I, the person whose name is stated below, issue this notice for the

purposes of condition 3 of item 4 of the table in subsection 116AH(1) of

the Copyright Act 1968 and regulation 20I of the Copyright Regulations

1969.

2. I am the *owner/*agent of the owner of the copyright in the copyright

material specified in the Schedule (the specified copyright material),

being copyright material residing on your system or network.

Omit the following paragraph if this notice is being completed by the agent of

the copyright owner.

*3. I believe, in good faith, that the storage of the specified copyright

material on your system or network is not authorised by me or a licensee,

or the Copyright Act 1968, and is therefore an infringement of the

Omit the following paragraph if this notice is being completed by the copyright

owner.

*3. I believe, in good faith, that the storage of the specified copyright

material on your system or network is not authorised by the copyright

owner or a licensee of the copyright owner, or the Copyright Act 1968,

and is therefore an infringement of the copyright in that material.

4. I have taken reasonable steps to ensure that the information and

statements in this notice are accurate.

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Form of notice of claimed infringement by owner or agent—copyright material Part 3

Copyright Regulations 1969 87

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

NAME OF *OWNER/*AGENT OF OWNER:

ADDRESS:

TELEPHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

[signature]

*Owner/*Agent of owner

SCHEDULE

DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information

to enable the carriage service provider to identify the copyright material in

respect of which the infringement is claimed]

LOCATION OF COPYRIGHT MATERIAL RESIDING ON CARRIAGE

SERVICE PROVIDER’S SYSTEM: [insert sufficient information to enable the

carriage service provider to locate on its system or network the copyright

material in respect of which the infringement is claimed]

* Omit if inapplicable

Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.

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Schedule 10 Forms for Part 3A

Part 4 Form of counter-notice in response to notice of claimed infringement by owner

or agent

88 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Part 4—Form of counter-notice in response to

notice of claimed infringement by owner or

agent

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

COUNTER-NOTICE IN RESPONSE TO

NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY

TO [name of carriage service provider]

1. I, the individual or body corporate whose name is stated below, having

received a copy of a notice of claimed infringement from you under

regulation 20J of the Copyright Regulations 1969 in relation to the

material), issue this counter-notice for the purposes of condition 3 of

item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and

regulation 20K of the Copyright Regulations 1969.

2. I am the user who directed you to store the specified copyright material

on your system or network.

3. I believe, in good faith on the grounds set out in paragraph 4, that the

notice of claimed infringement was issued because of:

*(a) a mistake as to fact or law in relation to the specified copyright

material; or

*(b) a mistake in identifying the specified copyright material.

4. The grounds for my belief in the statement in paragraph 3 are as follows:

[state the grounds]

Omit the following paragraph if the user does NOT live in, or carry on a

business in, Australia.

*5. I agree to comply with the orders of a court having jurisdiction in the

place where I live or undertake my business, being a place in Australia.

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Part 4

Copyright Regulations 1969 89

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Omit the following paragraph if the user lives in, or carries on a business in,

Australia.

*5. I agree to comply with the orders of a court having jurisdiction in a place

in Australia where you, the carriage service provider, are located and

where an action for infringement of the copyright in the specified

6. I will accept service of process in any action for infringement of the

7. I have taken reasonable steps to ensure that the information and

statements in this counter-notice are accurate.

NAME OF *INDIVIDUAL/*BODY CORPORATE:

ADDRESS:

TELEPHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

[signature]

User

SCHEDULE

DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information

to enable the carriage service provider to identify the copyright material in

respect of which the infringement is claimed]

LOCATION OF COPYRIGHT MATERIAL ON CARRIAGE SERVICE

PROVIDER’S SYSTEM OR NETWORK: [insert sufficient information to

enable the carriage service provider to identify where on its system or network

the copyright material in respect of which the infringement is claimed was

stored]

* Omit if inapplicable

Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.

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or agent

90 Copyright Regulations 1969

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Note 2 A counter-notice must be issued to the carriage service provider’s designated representative within 3 months after the user receives the notice of claimed infringement to which the counter-notice relates.

Note 3 If this counter-notice is issued by electronic communication, the requirement to sign the counter-notice is taken to have been met if the method described in subregulation 20D(2) of the Copyright Regulations 1969 is used.

Note 4 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this counter-notice — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this counter-notice knowing that it is false or misleading in a material particular — see section 137.2 of the Criminal Code.

Note 5 As soon as practicable after the carriage service provider receives this counter-notice, the carriage service provider must send a copy of it to the copyright owner or agent, together with a notice stating that if the owner or agent does not, within 10 working days after the date the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the carriage service provider will restore, or enable access to, the copyright material on its system or network — see regulation 20L of the Copyright Regulations 1969.

Note 6 Information that could identify a user who is an individual may be disclosed by the carriage service provider in the copy of this counter-notice or the notice referred to in Note 5 sent to the copyright owner or agent if the disclosure is consistent with the Telecommunications Act 1997 and the Privacy Act 1988. However, if the carriage service provider is required by a court to disclose identifying information about a user who is an individual, the information must be disclosed.

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Forms for Part 3A Schedule 10

Form of counter-notice in response to takedown of copyright material other than

following notice by owner or agent Part 5

Copyright Regulations 1969 91

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Part 5—Form of counter-notice in response to

takedown of copyright material other than

following notice by owner or agent

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

COUNTER-NOTICE IN RESPONSE TO TAKEDOWN OF COPYRIGHT

MATERIAL OTHER THAN FOLLOWING NOTICE BY COPYRIGHT

OWNER OR AGENT

TO [name of carriage service provider]

1. I, the individual or body corporate whose name is stated below, having

received a notice from you under regulation 20P of the Copyright

Regulations 1969 in relation to the copyright material specified in the

Schedule (the specified copyright material), issue this counter-notice for

the purposes of condition 3 of item 4 of the table in subsection 116AH(1)

of the Copyright Act 1968 and regulation 20Q of the Copyright

Regulations 1969.

2. I am the user who directed you to store the specified copyright material

on your system or network.

3. I believe, in good faith on the grounds set out in paragraph 4, that you

have removed, or disabled access to, the specified copyright material

because of:

*(a) a mistake as to fact or law in relation to the specified copyright

material; or

*(b) a mistake in identifying the specified copyright material.

4. The grounds for my belief in the statement in paragraph 3 are as follows:

[state the grounds]

5. I have taken reasonable steps to ensure that the information and

statements in this counter-notice are accurate.

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Part 5 Form of counter-notice in response to takedown of copyright material other than

following notice by owner or agent

92 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

NAME OF *INDIVIDUAL/*BODY CORPORATE:

ADDRESS:

TELEPHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

[signature]

User

SCHEDULE

DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information

to enable the carriage service provider to identify the copyright material that

has been removed, or to which access has been disabled]

LOCATION OF COPYRIGHT MATERIAL ON CARRIAGE SERVICE

PROVIDER’S SYSTEM OR NETWORK: [insert sufficient information to

enable the carriage service provider to identify where on its system or network

the copyright material that has been removed, or to which access has been

disabled, was stored]

* Omit if inapplicable

Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.

Note 2 A counter-notice must be issued to the carriage service provider’s designated representative within 3 months after the user receives the notice to which the counter-notice relates.

Note 5 If the carriage service provider is satisfied, on the basis of the information and statements in this counter-notice, that the specified copyright material is not, or is not likely to be, infringing, the carriage service provider must restore, or enable access to,

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Form of counter-notice in response to takedown of copyright material other than

following notice by owner or agent Part 5

Copyright Regulations 1969 93

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the copyright material on its system or network — see regulation 20R of the Copyright Regulations 1969.

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Schedule 10 Forms for Part 3A

Part 6 Form of notice of claimed infringement by owner or agent—reference to

94 Copyright Regulations 1969

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Part 6—Form of notice of claimed infringement by

owner or agent—reference to copyright

material

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY

REFERENCE TO COPYRIGHT MATERIAL

TO [name of carriage service provider]

1. I, the person whose name is stated below, issue this notice for the

purposes of condition 3 of item 5 of the table in subsection 116AH(1) of

the Copyright Act 1968 and regulation 20T of the Copyright Regulations

1969.

2. I am the *owner/*agent of the owner of the copyright in the copyright

material specified in the Schedule (the specified copyright material),

being copyright material to which you have provided a reference on your

system or network.

3. I believe, in good faith, that the specified copyright material is infringing

under the Copyright Act 1968.

4. I have taken reasonable steps to ensure that the information and

statements in this notice are accurate.

NAME OF *OWNER/*AGENT OF OWNER:

ADDRESS:

TELEPHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

[signature]

Authorised Version F2016C00343 registered 19/04/2016

Forms for Part 3A Schedule 10

Form of notice of claimed infringement by owner or agent—reference to copyright

material Part 6

Copyright Regulations 1969 95

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

*Owner/*Agent of owner

SCHEDULE

DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information

to enable the carriage service provider to identify the copyright material in

respect of which the infringement is claimed]

LOCATION OF REFERENCE PROVIDED BY THE CARRIAGE SERVICE

PROVIDER ON ITS SYSTEM OR NETWORK: [insert sufficient information

to enable the carriage service provider to locate on its system or network the

reference provided by the carriage service provider to the copyright material

that is claimed to be infringing]

* Omit if inapplicable

Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.

Authorised Version F2016C00343 registered 19/04/2016

Schedule 10A Prescribed acts

96 Copyright Regulations 1969

Compilation No. 15 Compilation date: 5/3/16 Registered: 19/4/16

Schedule 10A—Prescribed acts (regulation 20Z)

Item Topic Description of prescribed act

1 Interoperability

with computer

programs

1.1 The reproduction or adaptation by a person of a

computer program of a kind mentioned in

section 47D of the Act to achieve interoperability of

an independently created article with the program or

any other program in the circumstances mentioned in

that section

Note: For the doing of an act to achieve

interoperability with an independently created

computer program, see subsections 116AN(3) and

132APC(3) of the Act

2 Educational

institutions

2.1 The reproduction or communication by, or on

the premises of, an educational institution of

circumstances, mentioned in Division 2A of Part VB

of the Act

3 Assistance to

persons with a

print disability

3.1 The reproduction or communication by an

institution assisting persons with a print disability for

provision of assistance to those persons of copyright

material of a kind, and in the circumstances,

mentioned in Division 3 of Part VB of the Act

4 Libraries or

Règlement sur le droit d'auteur 1969 (version consolidée du 5 mars 2016), Australie

Documents disponibles