Compilation No. 62
Compilation date: 20 March 2024
Includes amendments: Act No. 74, 2023
Registered: 26 March 2024
About this compilation
This is a compilation of the Copyright Act 1968 that shows the text of the law as amended and in force on 20 March 2024 (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.
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 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 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.
For more information about any editorial changes made in this compilation, see the endnotes.
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 Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
4 Extension to external Territories
5 Exclusion of Imperial Copyright Act, 1911
6 Repeal of Copyright Acts
8 Copyright not to subsist except by virtue of this Act
8A Prerogative rights of the Crown in the nature of copyright
9 Operation of other laws
9A Application of the Criminal Code
10AD Accessories to imported articles
11 Residence in a country not affected by temporary absence
12 References to Parliament
13 Acts comprised in copyright
14 Acts done in relation to substantial part of work or other subject - matter deemed to be done in relation to the whole
15 References to acts done with licence of owner of copyright
16 References to partial assignment of copyright
17 Statutory employment
18 Libraries established or conducted for profit
19 References to Copyright Act, 1911
20 Names under which work is published
21 Reproduction and copying of works and other subject - matter
22 Provisions relating to the making of a work or other subject - matter
24 References to sounds and visual images embodied in an article
25 Provisions relating to broadcasting
28 Performance and communication of works or other subject - matter in the course of educational instruction
29A Making public
30 Ownership of copyright for particular purposes
30A Commercial rental arrangement
Part III--Copyright in original literary, dramatic, musical and artistic works
Division 1--Nature, duration and ownership of copyright in works
31 Nature of copyright in original works
32 Original works in which copyright subsists
33 Duration of copyright in original works
Division 2--Infringement of copyright in works
36 Infringement by doing acts comprised in the copyright
37 Infringement by importation for sale or hire
38 Infringement by sale and other dealings
39 Infringement by permitting place of public entertainment to be used for performance of work
39A Infringing copies made on machines installed in libraries and archives
39B Communication by use of certain facilities
Division 3--Acts not constituting infringements of copyright in works
40 Fair dealing for purpose of research or study
41 Fair dealing for purpose of criticism or review
41A Fair dealing for purpose of parody or satire
42 Fair dealing for purpose of reporting news
43 Reproduction for purpose of judicial proceedings or professional advice
43A Temporary reproductions made in the course of communication
43B Temporary reproductions of works as part of a technical process of use
43C Reproducing works in books, newspapers and periodical publications in different form for private use
44 Inclusion of works in collections for use by places of education
44A Importation etc. of books
44BA Acts done in relation to certain medicine
44BB Copyright subsisting in works shared for healthcare or related purposes
44C Copyright subsisting in accessories etc. to imported articles
44E Importation and sale etc. of copies of computer programs
44F Importation and sale etc. of copies of electronic literary or music items
Division 4--Acts not constituting infringements of copyright in literary, dramatic and musical works
45 Reading or recitation in public or for a broadcast
46 Performance at premises where persons reside or sleep
Division 4A--Acts not constituting infringements of copyright in computer programs
47B Reproduction for normal use or study of computer programs
47D Reproducing computer programs to make interoperable products
47E Reproducing computer programs to correct errors
47F Reproducing computer programs for security testing
47G Unauthorised use of copies or information
47H Agreements excluding operation of certain provisions
Division 4B--Acts not constituting infringements of copyright in artistic works
47J Reproducing photograph in different format for private use
Division 5--Copying of works in libraries or archives
49 Reproducing and communicating works by libraries and archives for users
50 Reproducing and communicating works by libraries or archives for other libraries or archives
51 Reproducing and communicating unpublished works in libraries or archives
51AA Reproducing and communicating works in care of National Archives of Australia
52 Publication of unpublished works kept in libraries or archives
53 Application of Division to illustrations accompanying articles and other works
Division 6--Recording of musical works
55 Conditions upon which manufacturer may make records of musical work
57 Provisions relating to royalty where 2 or more works are on the one record
59 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work
60 Records made partly for retail sale and partly for gratuitous disposal
61 Making inquiries in relation to previous records
64 Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records
Division 7--Acts not constituting infringements of copyright in artistic works
65 Sculptures and certain other works in public places
67 Incidental filming or televising of artistic works
72 Reproduction of part of work in later work
73 Reconstruction of buildings
75 Copyright protection where corresponding design registered
76 False registration of industrial designs under the Designs Act 2003
77 Application of artistic works as industrial designs without registration of the designs
77A Certain reproductions of an artistic work do not infringe copyright
Division 9--Works of joint authorship
78 References to all of joint authors
79 References to any one or more of joint authors
79A References to the identity of none of joint authors being generally known
80 References to whichever of joint authors died last
81 Works of joint authorship published under pseudonyms
82 Copyright to subsist in joint works without regard to any author who is an unqualified person
83 Inclusion of joint works in collections for use in places of education
Part IV--Copyright in subject - matter other than works
Division 2--Nature of copyright in subject - matter other than works
88 Nature of copyright in published editions of works
Division 3--Subject - matter, other than works, in which copyright subsists
92 Published editions of works in which copyright subsists
Division 4--Duration of copyright in subject - matter other than works
93 Duration of copyright in sound recordings and films
96 Duration of copyright in published editions of works
Division 5--Ownership of copyright in subject - matter other than works
Subdivision A--Ownership of copyright in subject - matter other than works
100 Ownership of copyright in published editions of works
Subdivision B--Specific provisions relating to the ownership of copyright in pre - commencement sound recordings of live performances
100AC Application of sections 100AD and 100AE
100AF Former owners may continue to do any act in relation to the copyright
100AH References to the owner of the copyright in a sound recording
Division 6--Infringement of copyright in subject - matter other than works
101 Infringement by doing acts comprised in copyright
102 Infringement by importation for sale or hire
103 Infringement by sale and other dealings
103A Fair dealing for purpose of criticism or review
103AA Fair dealing for purpose of parody or satire
103B Fair dealing for purpose of reporting news
103C Fair dealing for purpose of research or study
104 Acts done for purposes of judicial proceeding
104A Acts done by Parliamentary libraries for members of Parliament
104B Infringing copies made on machines installed in libraries and archives
104C Copyright subsisting in sound recordings and cinematograph films shared for healthcare or related purposes
105 Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast
106 Causing sound recording to be heard at guest house or club
107 Making of a copy of the sound recording for purpose of broadcasting
108 Copyright in published recording not infringed by public performance if equitable remuneration paid
109 Copyright in published sound recording not infringed by broadcast in certain circumstances
110 Provisions relating to cinematograph films
110AA Copying cinematograph film in different format for private use
110A Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives
110C Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting
111 Recording broadcasts for replaying at more convenient time
111A Temporary copy made in the course of communication
111B Temporary copy of subject - matter as part of a technical process of use
112A Importation and sale etc. of books
112C Copyright subsisting in accessories etc. to imported articles
112D Import of non - infringing copy of a sound recording does not infringe copyright in the sound recording
112DA Importation and sale etc. of copies of electronic literary or music items
112E Communication by use of certain facilities
113 Copyrights to subsist independently
113A Agents may act on behalf of groups of performers
113C Use of published sound recordings when owners cannot be found etc.
Part IVA--Uses that do not infringe copyright
Division 1--Simplified outline of this Part
113D Simplified outline of this Part
Division 2--Access by or for persons with a disability
113E Fair dealing for purpose of access by persons with a disability
113F Use of copyright material by organisations assisting persons with a disability
Division 3--Libraries and archives
Subdivision A--Public libraries, parliamentary libraries and archives
113K Administration of the collection
Subdivision B--Key cultural institutions
Division 4--Educational institutions--statutory licence
113N Simplified outline of this Division
113P Copying and communicating works and broadcasts
113R Equitable remuneration
113U Persons acting on behalf of bodies administering educational institutions
Division 5--Collecting societies
Subdivision A--Declaration of collecting society
113W Requirements for declaration of collecting society
113X Revocation of declaration
Subdivision B--Operation of collecting society
113Y Scope of this Subdivision
113Z Annual report and accounts
113ZA Amendment of rules
113ZB Review of distribution arrangement by Copyright Tribunal
Part V--Remedies and offences
Division 2--Actions by owner of copyright
115 Actions for infringement
115A Injunctions relating to online locations outside Australia
116 Rights of owner of copyright in respect of infringing copies
Division 2AA--Limitation on remedies available against service providers
116AA Purpose of this Division
Subdivision B--Relevant activities
116AC Category A activity
116AD Category B activity
116AE Category C activity
116AF Category D activity
Subdivision C--Limitations on remedies
116AG Limitations on remedies
116AI Evidence of compliance with conditions
Subdivision A--Technological protection measures
116AL Interaction of this Subdivision with Part VAA
116AM Geographical application
116AQ Remedies in actions under this Subdivision
Subdivision B--Electronic rights management information
116C Distribution to the public etc. of works whose electronic rights management information has been removed or altered
116CA Distribution and importation of electronic rights management information that has been removed or altered
116CB Exception relating to national security and law enforcement
116D Remedies in actions under this Subdivision
Division 3--Proceedings where copyright is subject to exclusive licence
119 Rights of exclusive licensee
120 Joinder of owner or exclusive licensee as a party
121 Defences available against exclusive licensee
122 Assessment of damages where exclusive licence granted
123 Apportionment of profits between owner and exclusive licensee
124 Separate actions in relation to the same infringement
125 Liability for costs
Division 4--Proof of facts in civil actions
126 Presumptions as to subsistence and ownership of copyright
126A Presumptions relating to subsistence of copyright
126B Presumptions relating to ownership of copyright
127 Presumptions in relation to authorship of work
128 Presumptions in relation to publisher of work
129 Presumptions where author has died
129A Presumptions relating to computer programs
130 Presumptions relating to sound recordings
130A Acts relating to imported copies of sound recordings
130B Acts relating to imported copies of computer programs
130C Acts relating to imported copies of electronic literary or music items
131 Presumptions relating to films
Division 4A--Jurisdiction and appeals
131A Exercise of jurisdiction
131C Jurisdiction of Federal Court of Australia
131D Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
Division 5--Offences and summary proceedings
132AB Geographical application
Subdivision B--Substantial infringement on a commercial scale
132AC Commercial - scale infringement prejudicing copyright owner
Subdivision C--Infringing copies
132AD Making infringing copy commercially
132AE Selling or hiring out infringing copy
132AF Offering infringing copy for sale or hire
132AG Exhibiting infringing copy in public commercially
132AH Importing infringing copy commercially
132AJ Possessing infringing copy for commerce
132AK Aggravated offence--work etc. converted to digital form
132AL Making or possessing device for making infringing copy
Subdivision D--Airing of works, sound recordings and films
132AN Causing work to be performed publicly
132AO Causing recording or film to be heard or seen in public
Subdivision E--Technological protection measures
132APB Interaction of this Subdivision with Part VAA
Subdivision F--Electronic rights management information
132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information
132AU Prosecution to prove profit
132A Presumptions in relation to subsistence and ownership of copyright
132AAA Presumptions relating to computer programs
132B Presumptions relating to sound recordings
132C Presumptions relating to films
Subdivision H--Extra court orders
133 Destruction or delivery up of infringing copies etc.
Subdivision I--Procedure and jurisdiction
133A Courts in which offences may be prosecuted
133B Infringement notices
134 Limitation of actions in respect of infringement of copyright
134A Affidavit evidence
Division 7--Seizure of imported copies of copyright material
135 Restriction of importation of copies of works etc.
135AA Decision not to seize unless expenses are covered
135AB Secure storage of seized copies
135AC Notice of seizure
135AD Inspection, release etc. of seized copies
135AE Forfeiture of seized copies by consent
135AEA Claim for release of seized copies
135AEB Seized copies not claimed are forfeited
135AEC Late claim for release of seized copies
135AED Objector to be notified of claim
135AF Release of seized copies to importer
135AFA Copies released but not collected are forfeited
135AG Provision relating to actions for infringement of copyright
135AH Retention of control of seized copies
135AI Disposal of seized copies forfeited to the Commonwealth
135AJ Failure to meet Commonwealth's expenses of seizure
Part VAA--Unauthorised access to encoded broadcasts
135AN This Part does not apply to law enforcement activity etc.
Subdivision A--Actions relating to unauthorised decoders
135AOA Making or dealing with unauthorised decoder
Subdivision B--Actions relating to decoders for subscription broadcasts
135AOB Making decoder available online
Subdivision C--Actions for unauthorised access to encoded broadcasts
135AOC Causing unauthorised access
135AOD Unauthorised commercial use of subscription broadcast
135AOF Destruction of decoder
Subdivision E--Jurisdiction and appeals
135AP Exercise of jurisdiction
135AR Jurisdiction of Federal Court of Australia
135AS Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
135ASA Making unauthorised decoder
135ASB Selling or hiring unauthorised decoder
135ASC Offering unauthorised decoder for sale or hire
135ASD Commercially exhibiting unauthorised decoder in public
135ASE Importing unauthorised decoder commercially
135ASF Distributing unauthorised decoder
135ASH Making decoder available online for subscription broadcast
135ASI Unauthorised access to subscription broadcast etc.
135ASJ Causing unauthorised access to encoded broadcast etc.
135ATA Courts in which offences may be prosecuted
Subdivision C--Further orders by court
135AU Destruction etc. of unauthorised decoders
Part VC--Retransmission of free - to - air broadcasts
135ZZJA Application of Part
Division 2--Retransmission of free - to - air broadcasts
135ZZM Amount of equitable remuneration
135ZZP Inspection of records etc.
135ZZQ Identity cards
135ZZS Request for payment of equitable remuneration
Division 3--Collecting societies
135ZZT Collecting societies
135ZZU Revocation of declaration
135ZZV Annual report and accounts
135ZZW Amendment of rules
135ZZWA Applying to Tribunal for review of distribution arrangement
135ZZX Appointment of notice holder
135ZZY Retransmitting before declaration of collecting society
135ZZZ Notices by retransmitters
135ZZZA Record keeping requirements
135ZZZB Effect of declaration of collecting society
135ZZZD Copyright not to vest under this Part
135ZZZE Licence to retransmit does not authorise copyright infringements
135ZZZK Amount of equitable remuneration
135ZZZN Request for payment of equitable remuneration
Division 3--Collecting societies
135ZZZO Collecting societies
135ZZZP Revocation of declaration
135ZZZQ Annual report and accounts
135ZZZR Amendment of rules
135ZZZS Applying to Tribunal for review of distribution arrangement
Division 4--Interim re - broadcasts
135ZZZT Appointment of notice holder
135ZZZU Re - broadcast before declaration of collecting society
135ZZZW Record keeping requirements
135ZZZX Effect of declaration of collecting society
135ZZZZ Copyright not to vest under this Part
135ZZZZA Licence to re - broadcast does not authorise copyright infringements
Part VI--Copyright Tribunal of Australia
137 Cases to which licence schemes apply
Division 2--Constitution of the Tribunal
138 Constitution of Tribunal
139 Appointment of members of Tribunal
140 Qualifications of members
141 Tenure of office
142 Acting President
143 Remuneration and allowances
144 Oath or affirmation of office
144A Disclosure of interests by members
144B Removal from office for failure to disclose interest
146 Sittings of the Tribunal
147 President to arrange business of Tribunal
Division 3--Applications and references to the Tribunal
Subdivision B--Applications relating to Parts III and IV
149 Applications to Tribunal for determination of remuneration payable for making recording or film of a work
150 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording
151 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording
152 Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings
152A Applications to Tribunal for determination of amount of royalty payable for recording musical works
152B Applications to Tribunal for determination of manner of paying royalty
153 Applications to Tribunal for apportionment of royalty in respect of a record
Subdivision C--Applications and referrals relating to Part IVA
153A Applications and referrals relating to Division 4 of Part IVA
Subdivision E--Applications relating to Part VII
153E Applications to Tribunal under subsection 183(5)
153F Applications to Tribunal to declare collecting society for government copies
153G Applications to Tribunal to revoke a declaration of a collecting society
153H Time limit for deciding applications under section 153F or 153G
153J Amendment and revocation of a declaration on the declaration of another collecting society
153K Applications to Tribunal for method of working out payment for government copies
153KA Review of collecting society's distribution arrangement
Subdivision G--Applications and references relating to Part VC
153M Applications to the Tribunal under subsection 135ZZM(1)
153N Applications to Tribunal under subsection 135ZZN(3)
153P References relating to declaration of collecting society
153Q References relating to revocation of declaration of collecting society
153R Review of collecting society's distribution arrangement
Subdivision GA--Applications and references relating to Part VD
153RA Application to the Tribunal to determine amount payable to owner of copyright in a broadcast
153S Applications to the Tribunal under paragraph 135ZZZK(1)(b)--equitable remuneration
153T Applications to Tribunal under paragraph 135ZZZL(3)(b)--record system
153U References relating to declaration of collecting society
153V References relating to revocation of declaration of collecting society
153W Review of collecting society's distribution arrangement
Subdivision H--References and applications relating to licences and licence schemes
154 Reference of proposed licence schemes to Tribunal
155 Reference of existing licence schemes to Tribunal
156 Further reference of licence schemes to Tribunal
157 Application to Tribunal in relation to licences
157A Tribunal must have regard to ACCC guidelines on request
157B Tribunal may make ACCC party to reference or application
158 Effect of licence scheme being continued in operation pending order of the Tribunal
159 Effect of order of Tribunal in relation to licences
Subdivision I--General provisions
161 Reference of questions of law to Federal Court of Australia
162 Agreements or awards not affected
Division 4--Procedure and evidence
163 Proceedings to be in public except in special circumstances
163A Application may be made to Tribunal by the agent of the copyright owner
165 Mistakes or errors in orders of the Tribunal
166 Regulations as to procedure
167 Power to take evidence on oath
168 Evidence in form of written statement
Division 4A--Alternative dispute resolution processes
169A Referral of proceeding for alternative dispute resolution process
169C Agreement about the terms of a decision etc.
169D Evidence not admissible
169E Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal
169F Participation by telephone etc.
170A Other staff of the Tribunal
171 Protecting persons connected with Tribunal proceedings
172 Offences by witnesses
173 Offences relating to the Tribunal
174 Costs of proceedings
175 Proof of orders of Tribunal
Part VII--The Crown
176 Crown copyright in original works made under direction of Crown
177 Crown copyright in original works first published in Australia under direction of Crown
178 Crown copyright in recordings and films made under direction of Crown
179 Provisions relating to ownership of copyright may be modified by agreement
180 Duration of Crown copyright in original works, sound recordings and films
182 Application of Parts III and IV to copyright subsisting by virtue of this Part
182A Copyright in statutory instruments and judgments etc.
183 Use of copyright material for the services of the Crown
183A Special arrangements for copying for services of government
183B Payment and recovery of equitable remuneration payable for government copies
183C Powers of collecting society to carry out sampling
183D Annual report and accounts of collecting society
183F Applying to Tribunal for review of distribution arrangement
Part VIII--Extension or restriction of operation of Act
Division 1--Foreign countries
184 Application of Act to countries other than Australia
185 Denial of copyright to citizens of countries not giving adequate protection to Australian works
186 Application of Act to international organizations
187 Original works made or first published by international organizations
188 Subject - matter, other than original works, made or first published by international organizations
188A Duration of international organization copyright
Part IX--Moral rights of performers and of authors of literary, dramatic, musical or artistic works and cinematograph films
190 Moral rights conferred on individuals
191B Conductor to be treated as a performer
192 Rights to be additional to other rights
Division 2--Right of attribution of authorship
195 Nature of the identification of author
195AA Identification of author to be clear and reasonably prominent
195AB What is a reasonably prominent identification
Division 2A--Right of attribution of performership
195ABC Nature of the identification of performer
195ABD Identification of performer to be clear and reasonably prominent or audible
195ABE What is a reasonably prominent identification
Division 3--Right not to have authorship of a work falsely attributed
195AC Author's right not to have authorship falsely attributed
195AD Acts of false attribution of authorship of a literary, dramatic or musical work
195AE Acts of false attribution of authorship of artistic work
195AF Acts of false attribution of authorship of cinematograph film
195AG Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work
195AH Act of false attribution of authorship of altered cinematograph film
Division 3A--Right not to have performership falsely attributed
195AHB Acts of false attribution of performership
195AHC Act of false attribution of performership of altered recorded performance
Division 4--Right of integrity of authorship of a work
Division 4A--Right of integrity of performership
Division 5--Duration and exercise of moral rights
Subdivision A--Duration and exercise of moral rights of authors
Subdivision B--Duration and exercise of moral rights of performers
Division 6--Infringement of moral rights
Subdivision A--Infringement of moral rights of authors
195AP Infringement of right not to have authorship falsely attributed
195AR No infringement of right of attribution of authorship if it was reasonable not to identify the author
195AS No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable
195AT Certain treatment of works not to constitute an infringement of the author's right of integrity of authorship
195AU Infringement by importation for sale or other dealing
195AV Infringement by sale and other dealings
195AVA Matters to be taken into account
195AVB Communication by use of certain facilities
195AW Author's consent to act or omission--films or works in films
195AWA Author's consent to act or omission--work that is not a film or included in a film
195AWB Consent invalidated by duress or false or misleading statements
195AX Acts or omissions outside Australia
Subdivision B--Infringement of moral rights of performers
195AXD No infringement of right of attribution of performership if it was reasonable not to identify the performer
195AXE No infringement of right of integrity of performership if derogatory treatment or other action was reasonable
195AXF Infringement by importation for sale or other dealing
195AXG Infringement by sale and other dealings
195AXH Matters to be taken into account
195AXI Communication by use of certain facilities
195AXJ Performer's consent to act or omission
195AXK Consent invalidated by duress or false or misleading statements
195AXL Acts or omissions outside Australia
Division 7--Remedies for infringements of moral rights
Subdivision A--Remedies for infringement of moral rights of authors
195AZ Actions for infringement of author's moral rights
195AZA Remedies for infringements of author's moral rights
195AZD Presumption as to subsistence of copyright
195AZE Presumption as to subsistence of author's moral rights
195AZF Presumptions in relation to authorship of work
195AZG Other presumptions in relation to literary, dramatic, musical or artistic work
Subdivision B--Remedies for infringement of moral rights of performers
195AZGB Actions for infringement of performer's moral rights
195AZGC Remedies for infringements of performer's moral rights
195AZGD Presumption as to subsistence of copyright
195AZGE Presumption as to subsistence of performer's moral rights
195AZGF Presumptions in relation to performership
195AZGG Saving of other rights and remedies
195AZGH Jurisdiction of courts
Subdivision A--Miscellaneous provisions about moral rights of authors
195AZH Parts of works
195AZJ Cinematograph films that have more than one principal director
195AZK Cinematograph films that have more than one principal producer
195AZL Cinematograph films that have more than one principal screenwriter
195AZM Application--right of attribution of authorship
195AZN Application--right not to have authorship falsely attributed
195AZO Application--right of integrity of authorship
Subdivision B--Miscellaneous provisions about moral rights of performers
195AZQ Performances that have more than one performer
195B Review of certain decisions
Division 3--National Library of Australia
195CA Simplified outline
195CB Copy of certain material to be delivered to the Library
195CC Library may request a copy of material available online
195CD Delivering material to the Library
195CG Infringement notices
195CH Relationship with State and Territory laws
195CJ Legislative instruments
Division 4--Other matters
196 Assignments and licences in respect of copyright
198 Copyright to pass under will with unpublished work
199 Reception of broadcasts
200 Use of works and broadcasts for educational purposes
200AB Use of works and other subject - matter for certain purposes
202 Groundless threats of legal proceedings in relation to copyright infringement
202A Groundless threats of legal proceedings in relation to technological protection measures
203 Limitation on power of courts to grant relief in proceedings under this Act
203A Offence--failing to keep declarations relating to copying in library or archives
203E Inspection of records and declarations retained in records of libraries and archives
203F False and misleading declarations
203G Offence--disposing of or destroying certain declarations
203H Notation of certain copies etc.
205 References to making of works, recordings and films
206 References in other laws or instruments to copyright
210 Expired copyright not to revive
211 Original works in which copyright subsists
214 Infringement by importation, sale and other dealings
216 Publication of artistic works
217 Reconstruction of buildings
218 Industrial designs
219 Reproduction of work upon payment of royalties
Division 3--Subject - matter other than works
222 Application of Act to dramatic works and photographs comprised in cinematograph films
224 Published editions of works
225 Infringement by importation, sale and other dealings
226 Actions for infringement
227 Infringing copies
228 Actions where copyright subject to exclusive licence
229 Offences and summary proceedings
230 Limitation of actions
231 Restriction of importation of printed copies of works
232 References and applications to Tribunal in relation to licence schemes
235 Crown copyright in films
236 Works made or published by international organizations
237 Subject - matter, other than original works, made or published by international organizations
239 Assignments and licences
242 Groundless threats of legal proceedings
Division 5--Works made before 1 July, 1912
245 Rights conferred by Copyright Act, 1911
247 Contributions to periodicals
248 Assignments and licences
Part XIA--Performers' protection
248B Educational purposes
248C Exempt recordings cease to be exempt recordings in certain circumstances
Division 2--Actions by performers
248G What constitutes unauthorised use
248K Exercise of jurisdiction
248M Jurisdiction of Federal Court
248MA Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
248N Right to bring an action not assignable
Subdivision A--General offences
248P Scope of this Subdivision
248PC Unauthorised communication to public during 20 - year protection period
248PD Playing unauthorised recording publicly during 20 - year protection period
248PE Possessing equipment to make or copy unauthorised recording
248PK Commercial possession or import of unauthorised recording
248PL Exhibiting unauthorised recording in public by way of trade
248PM Importing unauthorised recording for exhibition by way of trade
Subdivision B--Acts relating to sound recordings of performances given before 1 July 1995
248QA Scope of this Subdivision
248QF Commercial possession or import of unauthorised sound recording
248QG Exhibiting unauthorised sound recording in public by way of trade
248QH Importing unauthorised sound recording for exhibition by way of trade
Subdivision C--Prosecution and infringement notices
248R Courts in which offences may be prosecuted
248S Protection against multiple proceedings for same act
248SA Infringement notices
Subdivision D--Destruction or delivery up of unauthorised recordings
Division 4--Extension of protection to foreign countries
248U Application to foreign countries
248V Denial of protection to citizens of countries not giving adequate protection to Australian performances
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003 .
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.