Part I — Preliminary
s 1 Short title s 2 Commencement s 4 Extension to external Territories s 5 Exclusion of Imperial Copyright Act, 1911 s 6 Repeal of Copyright Acts s 7 Act to bind the Crown s 8 Copyright not to subsist except by virtue of this Act s 8A Prerogative rights of the Crown in the nature of copyright s 9 Operation of other laws s 9A Application of the Criminal Code Part II — Interpretation
s 10 Interpretation s 10AA Non‑infringing copy of a sound recordings 10AB Non‑infringing copy of a computer programs 10AC Non‑infringing copy of an electronic literary or music items 10AD Accessories to imported articles s 11 Residence in a country not affected by temporary absence s 12 References to Parliament s 13 Acts comprised in copyright s 14 Acts done in relation to substantial part of work or other subject‑matter deemed to be done in relation to the whole s 15 References to acts done with licence of owner of copyright s 16 References to partial assignment of copyright s 17 Statutory employment s 18 Libraries established or conducted for profit s 19 References to Copyright Act, 1911 s 20 Names under which work is published s 21 Reproduction and copying of works and other subject‑matter s 22 Provisions relating to the making of a work or other subject‑matter s 23 Sound recordings and records s 24 References to sounds and visual images embodied in an article s 25 Provisions relating to broadcasting s 27 Performance s 28 Performance and communication of works or other subject‑matter in the course of educational instruction s 29 Publication s 29A Making public s 30 Ownership of copyright for particular purposes s 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
s 31 Nature of copyright in original works s 32 Original works in which copyright subsists s 33 Duration of copyright in original works s 35 Ownership of copyright in original works Division 2 — Infringement of copyright in works
s 36 Infringement by doing acts comprised in the copyright s 37 Infringement by importation for sale or hire s 38 Infringement by sale and other dealings s 39 Infringement by permitting place of public entertainment to be used for performance of work s 39A Infringing copies made on machines installed in libraries and archives s 39B Communication by use of certain facilities Division 3 — Acts not constituting infringements of copyright in works
s 40 Fair dealing for purpose of research or study s 41 Fair dealing for purpose of criticism or review s 41A Fair dealing for purpose of parody or satire s 42 Fair dealing for purpose of reporting news s 43 Reproduction for purpose of judicial proceedings or professional advice s 43A Temporary reproductions made in the course of communication s 43B Temporary reproductions of works as part of a technical process of use s 43C Reproducing works in books, newspapers and periodical publications in different form for private use s 44 Inclusion of works in collections for use by places of education s 44A Importation etc. of books s 44B Reproduction of writing on approved label for containers for chemical product s 44BA Acts done in relation to certain medicine s 44BB Copyright subsisting in works shared for healthcare or related purposes s 44C Copyright subsisting in accessories etc. to imported articles s 44D Import of non‑infringing copy of sound recording does not infringe copyright in works recorded s 44E Importation and sale etc. of copies of computer programs s 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
s 45 Reading or recitation in public or for a broadcast s 46 Performance at premises where persons reside or sleep s 47 Reproduction for purpose of broadcasting s 47AA Reproduction for the purpose of simulcasting Division 4A — Acts not constituting infringements of copyright in computer programs
s 47AB Meaning of computer program s 47B Reproduction for normal use or study of computer programs s 47C Back‑up copy of computer programs s 47D Reproducing computer programs to make interoperable products s 47E Reproducing computer programs to correct errors s 47F Reproducing computer programs for security testing s 47G Unauthorised use of copies or information s 47H Agreements excluding operation of certain provisions Division 4B — Acts not constituting infringements of copyright in artistic works
s 47J Reproducing photograph in different format for private use Division 5 — Copying of works in libraries or archives
s 48 Interpretation s 48A Copying by Parliamentary libraries for members of Parliament s 49 Reproducing and communicating works by libraries and archives for users s 50 Reproducing and communicating works by libraries or archives for other libraries or archives s 51 Reproducing and communicating unpublished works in libraries or archives s 51AA Reproducing and communicating works in care of National Archives of Australia s 52 Publication of unpublished works kept in libraries or archives s 53 Application of Division to illustrations accompanying articles and other works Division 6 — Recording of musical works
s 54 Interpretation s 55 Conditions upon which manufacturer may make records of musical work s 57 Provisions relating to royalty where 2 or more works are on the one record s 59 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work s 60 Records made partly for retail sale and partly for gratuitous disposal s 61 Making inquiries in relation to previous records s 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
s 65 Sculptures and certain other works in public places s 66 Buildings and models of buildings s 67 Incidental filming or televising of artistic works s 68 Publication of artistic works s 70 Reproduction for purpose of including work in television broadcast s 72 Reproduction of part of work in later work s 73 Reconstruction of buildings Division 8 — Designs
s 74 Corresponding design s 75 Copyright protection where corresponding design registered s 76 False registration of industrial designs under the Designs Act 2003 s 77 Application of artistic works as industrial designs without registration of the designs s 77A Certain reproductions of an artistic work do not infringe copyright Division 9 — Works of joint authorship
s 78 References to all of joint authors s 79 References to any one or more of joint authors s 79A References to the identity of none of joint authors being generally known s 80 References to whichever of joint authors died last s 81 Works of joint authorship published under pseudonyms s 82 Copyright to subsist in joint works without regard to any author who is an unqualified person s 83 Inclusion of joint works in collections for use in places of education Part IV — Copyright in subject‑matter other than works
Division 1 — Preliminary
s 84 Definitions Division 2 — Nature of copyright in subject‑matter other than works
s 85 Nature of copyright in sound recordings s 86 Nature of copyright in cinematograph films s 87 Nature of copyright in television broadcasts and sound broadcasts s 88 Nature of copyright in published editions of works Division 3 — Subject‑matter, other than works, in which copyright subsists
s 89 Sound recordings in which copyright subsists s 90 Cinematograph films in which copyright subsists s 91 Television broadcasts and sound broadcasts in which copyright subsists s 92 Published editions of works in which copyright subsists Division 4 — Duration of copyright in subject‑matter other than works
s 93 Duration of copyright in sound recordings and films s 95 Duration of copyright in television broadcasts and sound broadcasts s 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
s 97 Ownership of copyright in sound recordings s 98 Ownership of copyright in cinematograph films s 99 Ownership of copyright in television broadcasts and sound broadcasts s 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
s 100AA Application s 100AB Definitions s 100AC Application of sections 100AD and 100AE s 100AD Makers of pre‑commencement sound recordings of live performances s 100AE Ownership of pre‑commencement copyright in sound recordings of live performances s 100AF Former owners may continue to do any act in relation to the copyright s 100AG Actions by new owners of copyright s 100AH References to the owner of the copyright in a sound recording Division 6 — Infringement of copyright in subject‑matter other than works
s 100A Interpretation s 101 Infringement by doing acts comprised in copyright s 102 Infringement by importation for sale or hire s 103 Infringement by sale and other dealings s 103A Fair dealing for purpose of criticism or review s 103AA Fair dealing for purpose of parody or satire s 103B Fair dealing for purpose of reporting news s 103C Fair dealing for purpose of research or study s 104 Acts done for purposes of judicial proceeding s 104A Acts done by Parliamentary libraries for members of Parliament s 104B Infringing copies made on machines installed in libraries and archives s 104C Copyright subsisting in sound recordings and cinematograph films shared for healthcare or related purposes s 105 Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast s 106 Causing sound recording to be heard at guest house or club s 107 Making of a copy of the sound recording for purpose of broadcasting s 108 Copyright in published recording not infringed by public performance if equitable remuneration paid s 109 Copyright in published sound recording not infringed by broadcast in certain circumstances s 109A Copying sound recordings for private and domestic use s 110 Provisions relating to cinematograph films s 110AA Copying cinematograph film in different format for private use s 110A Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives s 110C Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting s 111 Recording broadcasts for replaying at more convenient time s 111A Temporary copy made in the course of communication s 111B Temporary copy of subject‑matter as part of a technical process of use s 112 Reproductions of editions of work s 112A Importation and sale etc. of books s 112B Reproduction of writing on approved label for containers for chemical product s 112C Copyright subsisting in accessories etc. to imported articles s 112D Import of non‑infringing copy of a sound recording does not infringe copyright in the sound recording s 112DA Importation and sale etc. of copies of electronic literary or music items s 112E Communication by use of certain facilities Division 7 — Miscellaneous
s 113 Copyrights to subsist independently s 113A Agents may act on behalf of groups of performers s 113B Consent to the use of a sound recording of a live performance s 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
s 113D Simplified outline of this Part Division 2 — Access by or for persons with a disability
s 113E Fair dealing for purpose of access by persons with a disability s 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
s 113G Libraries s 113H Preservation s 113J Research s 113K Administration of the collection Subdivision B — Key cultural institutions
s 113L Meaning of key cultural institution s 113M Preservation Division 4 — Educational institutions—statutory licence
s 113N Simplified outline of this Division s 113P Copying and communicating works and broadcasts s 113Q Remuneration notices s 113R Equitable remuneration s 113S Educational institutions must assist collecting society s 113T Voluntary licences s 113U Persons acting on behalf of bodies administering educational institutions Division 5 — Collecting societies
Subdivision A — Declaration of collecting society
s 113V Declaration of collecting society s 113W Requirements for declaration of collecting society s 113X Revocation of declaration Subdivision B — Operation of collecting society
s 113Y Scope of this Subdivision s 113Z Annual report and accounts s 113ZA Amendment of rules s 113ZB Review of distribution arrangement by Copyright Tribunal s 113ZC Operation of collecting society rules Part V — Remedies and offences
Division 1 — Preliminary
s 114 Interpretation Division 2 — Actions by owner of copyright
s 115 Actions for infringement s 115A Injunctions relating to online locations outside Australia s 116 Rights of owner of copyright in respect of infringing copies s 116AAA Compensation for acquisition of property Division 2AAA — Limitation on remedies when owner cannot be found
s 116AAB Purpose of this Division s 116AAC Definitions s 116AAD Limitation on remedies s 116AAE Conditions s 116AAF Agreements and court orders for continuing use s 116AAG Compensation for acquisition of property Division 2AA — Limitation on remedies available against service providers
Subdivision A — Preliminary
s 116AA Purpose of this Division s 116AB Definitions s 116ABA Definition of service provider Subdivision B — Relevant activities
s 116AC Category A activity s 116AD Category B activity s 116AE Category C activity s 116AF Category D activity Subdivision C — Limitations on remedies
s 116AG Limitations on remedies Subdivision D — Conditions
s 116AH Conditions s 116AI Evidence of compliance with conditions Subdivision E — Regulations
s 116AJ Regulations Division 2A — Actions in relation to technological protection measures and electronic rights management information
Subdivision A — Technological protection measures
s 116AK Definitions s 116AL Interaction of this Subdivision with Part VAA s 116AM Geographical application s 116AN Circumventing an access control technological protection measure s 116AO Manufacturing etc. a circumvention device for a technological protection measure s 116AP Providing etc. a circumvention service for a technological protection measure s 116AQ Remedies in actions under this Subdivision Subdivision B — Electronic rights management information
s 116B Removal or alteration of electronic rights management information s 116C Distribution to the public etc. of works whose electronic rights management information has been removed or altered s 116CA Distribution and importation of electronic rights management information that has been removed or altered s 116CB Exception relating to national security and law enforcement s 116D Remedies in actions under this Subdivision Division 3 — Proceedings where copyright is subject to exclusive licence
s 117 Interpretation s 118 Application s 119 Rights of exclusive licensee s 120 Joinder of owner or exclusive licensee as a party s 121 Defences available against exclusive licensee s 122 Assessment of damages where exclusive licence granted s 123 Apportionment of profits between owner and exclusive licensee s 124 Separate actions in relation to the same infringement s 125 Liability for costs Division 4 — Proof of facts in civil actions
s 126 Presumptions as to subsistence and ownership of copyright s 126A Presumptions relating to subsistence of copyright s 126B Presumptions relating to ownership of copyright s 127 Presumptions in relation to authorship of work s 128 Presumptions in relation to publisher of work s 129 Presumptions where author has died s 129A Presumptions relating to computer programs s 130 Presumptions relating to sound recordings s 130A Acts relating to imported copies of sound recordings s 130B Acts relating to imported copies of computer programs s 130C Acts relating to imported copies of electronic literary or music items s 131 Presumptions relating to films Division 4A — Jurisdiction and appeals
s 131A Exercise of jurisdiction s 131B Appeals s 131C Jurisdiction of Federal Court of Australia s 131D Jurisdiction of Federal Circuit and Family Court of Australia (Division 2) Division 5 — Offences and summary proceedings
Subdivision A — Preliminary
s 132AA Definitions s 132AB Geographical application Subdivision B — Substantial infringement on a commercial scale
s 132AC Commercial‑scale infringement prejudicing copyright owner Subdivision C — Infringing copies
s 132AD Making infringing copy commercially s 132AE Selling or hiring out infringing copy s 132AF Offering infringing copy for sale or hire s 132AG Exhibiting infringing copy in public commercially s 132AH Importing infringing copy commercially s 132AI Distributing infringing copy s 132AJ Possessing infringing copy for commerce s 132AK Aggravated offence—work etc. converted to digital form s 132AL Making or possessing device for making infringing copy s 132AM Advertising supply of infringing copy Subdivision D — Airing of works, sound recordings and films
s 132AN Causing work to be performed publicly s 132AO Causing recording or film to be heard or seen in public Subdivision E — Technological protection measures
s 132APA Definitions s 132APB Interaction of this Subdivision with Part VAA s 132APC Circumventing an access control technological protection measure s 132APD Manufacturing etc. a circumvention device for a technological protection measure s 132APE Providing etc. a circumvention service for a technological protection measure Subdivision F — Electronic rights management information
s 132AQ Removing or altering electronic rights management information s 132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information s 132AS Distributing or importing electronic rights management information s 132AT Defences Subdivision G — Evidence
s 132AU Prosecution to prove profit s 132A Presumptions in relation to subsistence and ownership of copyright s 132AAA Presumptions relating to computer programs s 132B Presumptions relating to sound recordings s 132C Presumptions relating to films Subdivision H — Extra court orders
s 133 Destruction or delivery up of infringing copies etc Subdivision I — Procedure and jurisdiction
s 133A Courts in which offences may be prosecuted s 133B Infringement notices Division 6 — Miscellaneous
s 134 Limitation of actions in respect of infringement of copyright s 134A Affidavit evidence Division 7 — Seizure of imported copies of copyright material
s 134B Interpretation s 135 Restriction of importation of copies of works etc s 135AA Decision not to seize unless expenses are covered s 135AB Secure storage of seized copies s 135AC Notice of seizure s 135AD Inspection, release etc. of seized copies s 135AE Forfeiture of seized copies by consent s 135AEA Claim for release of seized copies s 135AEB Seized copies not claimed are forfeited s 135AEC Late claim for release of seized copies s 135AED Objector to be notified of claim s 135AF Release of seized copies to importer s 135AFA Copies released but not collected are forfeited s 135AG Provision relating to actions for infringement of copyright s 135AH Retention of control of seized copies s 135AI Disposal of seized copies forfeited to the Commonwealth s 135AJ Failure to meet Commonwealth’s expenses of seizure s 135AK Immunity of the Commonwealth Part VAA — Unauthorised access to encoded broadcasts
Division 1 — Preliminary
s 135AL Definitions s 135AM Counterclaim s 135AN This Part does not apply to law enforcement activity etc Division 2 — Actions
Subdivision A — Actions relating to unauthorised decoders
s 135AOA Making or dealing with unauthorised decoder Subdivision B — Actions relating to decoders for subscription broadcasts
s 135AOB Making decoder available online Subdivision C — Actions for unauthorised access to encoded broadcasts
s 135AOC Causing unauthorised access s 135AOD Unauthorised commercial use of subscription broadcast Subdivision D — Court orders
s 135AOE Relief s 135AOF Destruction of decoder Subdivision E — Jurisdiction and appeals
s 135AP Exercise of jurisdiction s 135AQ Appeals s 135AR Jurisdiction of Federal Court of Australia s 135AS Jurisdiction of Federal Circuit and Family Court of Australia (Division 2) Division 3 — Offences
Subdivision A — Offences
s 135ASA Making unauthorised decoder s 135ASB Selling or hiring unauthorised decoder s 135ASC Offering unauthorised decoder for sale or hire s 135ASD Commercially exhibiting unauthorised decoder in public s 135ASE Importing unauthorised decoder commercially s 135ASF Distributing unauthorised decoder s 135ASG Making unauthorised decoder available online s 135ASH Making decoder available online for subscription broadcast s 135ASI Unauthorised access to subscription broadcast etc s 135ASJ Causing unauthorised access to encoded broadcast etc Subdivision B — Prosecutions
s 135ATA Courts in which offences may be prosecuted Subdivision C — Further orders by court
s 135AU Destruction etc. of unauthorised decoders Part VC — Retransmission of free‑to‑air broadcasts
Division 1 — Preliminary
s 135ZZI Definitions s 135ZZJ Operation of collecting society rules s 135ZZJA Application of Part Division 2 — Retransmission of free‑to‑air broadcasts
s 135ZZK Retransmission of free‑to‑air broadcasts s 135ZZL Remuneration notices s 135ZZM Amount of equitable remuneration s 135ZZN Record system s 135ZZP Inspection of records etc s 135ZZQ Identity cards s 135ZZR Revocation of remuneration notice s 135ZZS Request for payment of equitable remuneration Division 3 — Collecting societies
s 135ZZT Collecting societies s 135ZZU Revocation of declaration s 135ZZV Annual report and accounts s 135ZZW Amendment of rules s 135ZZWA Applying to Tribunal for review of distribution arrangement Division 4 — Interim retransmissions
s 135ZZX Appointment of notice holder s 135ZZY Retransmitting before declaration of collecting society s 135ZZZ Notices by retransmitters s 135ZZZA Record keeping requirements s 135ZZZB Effect of declaration of collecting society Division 5 — Miscellaneous
s 135ZZZC Relevant copyright owner may authorise retransmitting s 135ZZZD Copyright not to vest under this Part s 135ZZZE Licence to retransmit does not authorise copyright infringements Part VD — Re‑broadcasts by satellite BSA licensees
Division 1 — Preliminary
s 135ZZZF Definitions s 135ZZZG Eligible program and original broadcaster s 135ZZZH Operation of collecting society rules Division 2 — Re‑broadcasts by satellite BSA licensees
s 135ZZZI Re‑broadcasts by satellite BSA licensees s 135ZZZJ Remuneration notices s 135ZZZK Amount of equitable remuneration s 135ZZZL Record system s 135ZZZM Revocation of remuneration notice s 135ZZZN Request for payment of equitable remuneration Division 3 — Collecting societies
s 135ZZZO Collecting societies s 135ZZZP Revocation of declaration s 135ZZZQ Annual report and accounts s 135ZZZR Amendment of rules s 135ZZZS Applying to Tribunal for review of distribution arrangement Division 4 — Interim re‑broadcasts
s 135ZZZT Appointment of notice holder s 135ZZZU Re‑broadcast before declaration of collecting society s 135ZZZV Notices by satellite BSA licensees s 135ZZZW Record keeping requirements s 135ZZZX Effect of declaration of collecting society Division 5 — Miscellaneous
s 135ZZZY Relevant copyright owner may authorise re‑broadcast s 135ZZZZ Copyright not to vest under this Part s 135ZZZZA Licence to re‑broadcast does not authorise copyright infringements Part VI — Copyright Tribunal of Australia
Division 1 — Preliminary
s 136 Interpretation s 137 Cases to which licence schemes apply Division 2 — Constitution of the Tribunal
s 138 Constitution of Tribunal s 139 Appointment of members of Tribunal s 140 Qualifications of members s 141 Tenure of office s 141A Seniority of Deputy Presidents s 142 Acting President s 143 Remuneration and allowances s 144 Oath or affirmation of office s 144A Disclosure of interests by members s 144B Removal from office for failure to disclose interest s 145 Resignation s 146 Sittings of the Tribunal s 147 President to arrange business of Tribunal Division 3 — Applications and references to the Tribunal
Subdivision B — Applications relating to Parts III and IV
s 149 Applications to Tribunal for determination of remuneration payable for making recording or film of a work s 150 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording s 151 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording s 152 Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings s 152A Applications to Tribunal for determination of amount of royalty payable for recording musical works s 152B Applications to Tribunal for determination of manner of paying royalty s 153 Applications to Tribunal for apportionment of royalty in respect of a record Subdivision C — Applications and referrals relating to Part IVA
s 153A Applications and referrals relating to Division 4 of Part IVA Subdivision E — Applications relating to Part VII
s 153DF Meaning of copyright material s 153E Applications to Tribunal under subsection 183(5) s 153F Applications to Tribunal to declare collecting society for government copies s 153G Applications to Tribunal to revoke a declaration of a collecting society s 153H Time limit for deciding applications under section 153F or 153G s 153J Amendment and revocation of a declaration on the declaration of another collecting society s 153K Applications to Tribunal for method of working out payment for government copies s 153KA Review of collecting society’s distribution arrangement Subdivision G — Applications and references relating to Part VC
s 153M Applications to the Tribunal under subsection 135ZZM(1) s 153N Applications to Tribunal under subsection 135ZZN(3) s 153P References relating to declaration of collecting society s 153Q References relating to revocation of declaration of collecting society s 153R Review of collecting society’s distribution arrangement Subdivision GA — Applications and references relating to Part VD
s 153RA Application to the Tribunal to determine amount payable to owner of copyright in a broadcast s 153S Applications to the Tribunal under paragraph 135ZZZK(1)(b)—equitable remuneration s 153T Applications to Tribunal under paragraph 135ZZZL(3)(b)—record system s 153U References relating to declaration of collecting society s 153V References relating to revocation of declaration of collecting society s 153W Review of collecting society’s distribution arrangement Subdivision H — References and applications relating to licences and licence schemes
s 154 Reference of proposed licence schemes to Tribunal s 155 Reference of existing licence schemes to Tribunal s 156 Further reference of licence schemes to Tribunal s 157 Application to Tribunal in relation to licences s 157A Tribunal must have regard to ACCC guidelines on request s 157B Tribunal may make ACCC party to reference or application s 158 Effect of licence scheme being continued in operation pending order of the Tribunal s 159 Effect of order of Tribunal in relation to licences Subdivision I — General provisions
s 160 Interim orders s 161 Reference of questions of law to Federal Court of Australia s 162 Agreements or awards not affected Division 4 — Procedure and evidence
s 163 Proceedings to be in public except in special circumstances s 163A Application may be made to Tribunal by the agent of the copyright owner s 164 Procedure s 165 Mistakes or errors in orders of the Tribunal s 166 Regulations as to procedure s 167 Power to take evidence on oath s 168 Evidence in form of written statement s 169 Representation Division 4A — Alternative dispute resolution processes
s 169A Referral of proceeding for alternative dispute resolution process s 169B Directions by President or Deputy President s 169C Agreement about the terms of a decision etc s 169D Evidence not admissible s 169E Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal s 169F Participation by telephone etc s 169G Engagement of persons to conduct alternative dispute resolution processes Division 5 — Miscellaneous
s 170 Registrar s 170A Other staff of the Tribunal s 171 Protecting persons connected with Tribunal proceedings s 172 Offences by witnesses s 173 Offences relating to the Tribunal s 174 Costs of proceedings s 175 Proof of orders of Tribunal Part VII — The Crown
Division 1 — Crown copyright
s 176 Crown copyright in original works made under direction of Crown s 177 Crown copyright in original works first published in Australia under direction of Crown s 178 Crown copyright in recordings and films made under direction of Crown s 179 Provisions relating to ownership of copyright may be modified by agreement s 180 Duration of Crown copyright in original works, sound recordings and films s 182 Application of Parts III and IV to copyright subsisting by virtue of this Part s 182A Copyright in statutory instruments and judgments etc Division 2 — Use of copyright material for the Crown
s 182B Definitions s 182C Relevant collecting society s 183 Use of copyright material for the services of the Crown s 183A Special arrangements for copying for services of government s 183B Payment and recovery of equitable remuneration payable for government copies s 183C Powers of collecting society to carry out sampling s 183D Annual report and accounts of collecting society s 183E Alteration of rules of collecting society s 183F Applying to Tribunal for review of distribution arrangement Part VIII — Extension or restriction of operation of Act
Division 1 — Foreign countries
s 184 Application of Act to countries other than Australia s 185 Denial of copyright to citizens of countries not giving adequate protection to Australian works Division 2 — International organizations
s 186 Application of Act to international organizations s 187 Original works made or first published by international organizations s 188 Subject‑matter, other than original works, made or first published by international organizations s 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
Division 1 — Preliminary
s 189 Definitions s 190 Moral rights conferred on individuals s 191 Director, producer and screenwriter of cinematograph film s 191A Staging a performance s 191B Conductor to be treated as a performer s 192 Rights to be additional to other rights Division 2 — Right of attribution of authorship
s 193 Author’s right of attribution of authorship s 194 Acts giving rise to right of attribution of authorship s 195 Nature of the identification of author s 195AA Identification of author to be clear and reasonably prominent s 195AB What is a reasonably prominent identification Division 2A — Right of attribution of performership
s 195ABA Performer’s right of attribution of performership s 195ABB Acts giving rise to right of attribution of performership s 195ABC Nature of the identification of performer s 195ABD Identification of performer to be clear and reasonably prominent or audible s 195ABE What is a reasonably prominent identification Division 3 — Right not to have authorship of a work falsely attributed
s 195AC Author’s right not to have authorship falsely attributed s 195AD Acts of false attribution of authorship of a literary, dramatic or musical work s 195AE Acts of false attribution of authorship of artistic work s 195AF Acts of false attribution of authorship of cinematograph film s 195AG Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work s 195AH Act of false attribution of authorship of altered cinematograph film Division 3A — Right not to have performership falsely attributed
s 195AHA Performer’s right not to have performership falsely attributed s 195AHB Acts of false attribution of performership s 195AHC Act of false attribution of performership of altered recorded performance Division 4 — Right of integrity of authorship of a work
s 195AI Author’s right of integrity of authorship s 195AJ Derogatory treatment of literary, dramatic or musical work s 195AK Derogatory treatment of artistic work s 195AL Derogatory treatment of cinematograph film Division 4A — Right of integrity of performership
s 195ALA Performer’s right of integrity of performership s 195ALB Derogatory treatment of performance Division 5 — Duration and exercise of moral rights
Subdivision A — Duration and exercise of moral rights of authors
s 195AM Duration of author’s moral rights s 195AN Exercise of author’s moral rights Subdivision B — Duration and exercise of moral rights of performers
s 195ANA Duration of performer’s moral rights for recorded performances s 195ANB Exercise of performer’s moral rights Division 6 — Infringement of moral rights
Subdivision A — Infringement of moral rights of authors
s 195AO Infringement of right of attribution of authorship s 195AP Infringement of right not to have authorship falsely attributed s 195AQ Infringement of right of integrity of authorship s 195AR No infringement of right of attribution of authorship if it was reasonable not to identify the author s 195AS No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable s 195AT Certain treatment of works not to constitute an infringement of the author’s right of integrity of authorship s 195AU Infringement by importation for sale or other dealing s 195AV Infringement by sale and other dealings s 195AVA Matters to be taken into account s 195AVB Communication by use of certain facilities s 195AW Author’s consent to act or omission—films or works in films s 195AWA Author’s consent to act or omission—work that is not a film or included in a film s 195AWB Consent invalidated by duress or false or misleading statements s 195AX Acts or omissions outside Australia Subdivision B — Infringement of moral rights of performers
s 195AXA Infringement of right of attribution of performership s 195AXB Infringement of right not to have performership falsely attributed s 195AXC Infringement of right of integrity of performership s 195AXD No infringement of right of attribution of performership if it was reasonable not to identify the performer s 195AXE No infringement of right of integrity of performership if derogatory treatment or other action was reasonable s 195AXF Infringement by importation for sale or other dealing s 195AXG Infringement by sale and other dealings s 195AXH Matters to be taken into account s 195AXI Communication by use of certain facilities s 195AXJ Performer’s consent to act or omission s 195AXK Consent invalidated by duress or false or misleading statements s 195AXL Acts or omissions outside Australia Division 7 — Remedies for infringements of moral rights
Subdivision A — Remedies for infringement of moral rights of authors
s 195AY Definition etc s 195AZ Actions for infringement of author’s moral rights s 195AZA Remedies for infringements of author’s moral rights s 195AZD Presumption as to subsistence of copyright s 195AZE Presumption as to subsistence of author’s moral rights s 195AZF Presumptions in relation to authorship of work s 195AZG Other presumptions in relation to literary, dramatic, musical or artistic work Subdivision B — Remedies for infringement of moral rights of performers
s 195AZGA Definition etc s 195AZGB Actions for infringement of performer’s moral rights s 195AZGC Remedies for infringements of performer’s moral rights s 195AZGD Presumption as to subsistence of copyright s 195AZGE Presumption as to subsistence of performer’s moral rights s 195AZGF Presumptions in relation to performership Subdivision C — Miscellaneous
s 195AZGG Saving of other rights and remedies s 195AZGH Jurisdiction of courts Division 8 — Miscellaneous
Subdivision A — Miscellaneous provisions about moral rights of authors
s 195AZH Parts of works s 195AZI Works of joint authorship s 195AZJ Cinematograph films that have more than one principal director s 195AZK Cinematograph films that have more than one principal producer s 195AZL Cinematograph films that have more than one principal screenwriter s 195AZM Application—right of attribution of authorship s 195AZN Application—right not to have authorship falsely attributed s 195AZO Application—right of integrity of authorship Subdivision B — Miscellaneous provisions about moral rights of performers
s 195AZP Parts of performances s 195AZQ Performances that have more than one performer s 195AZR Application Part X — Miscellaneous
Division 1 — Interpretation
s 195A Interpretation Division 2 — Review
s 195B Review of certain decisions Division 3 — National Library of Australia
s 195CA Simplified outline s 195CB Copy of certain material to be delivered to the Library s 195CC Library may request a copy of material available online s 195CD Delivering material to the Library s 195CE Meaning of National Library material s 195CF Meaning of available online s 195CG Infringement notices s 195CH Relationship with State and Territory laws s 195CI Delegation s 195CJ Legislative instruments Division 4 — Other matters
s 196 Assignments and licences in respect of copyright s 197 Prospective ownership of copyright s 198 Copyright to pass under will with unpublished work s 199 Reception of broadcasts s 200 Use of works and broadcasts for educational purposes s 200AAA Proxy web caching by educational institutions s 200AB Use of works and other subject‑matter for certain purposes s 202 Groundless threats of legal proceedings in relation to copyright infringement s 202A Groundless threats of legal proceedings in relation to technological protection measures s 203 Limitation on power of courts to grant relief in proceedings under this Act s 203A Offence—failing to keep declarations relating to copying in library or archives s 203E Inspection of records and declarations retained in records of libraries and archives s 203F False and misleading declarations s 203G Offence—disposing of or destroying certain declarations s 203H Notation of certain copies etc Part XI — Transitional
Division 1 — Preliminary
s 204 Interpretation s 205 References to making of works, recordings and films s 206 References in other laws or instruments to copyright s 207 Application s 208 Authorship of photographs s 209 Publication Division 2 — Original works
s 210 Expired copyright not to revive s 211 Original works in which copyright subsists s 213 Ownership of copyright s 214 Infringement by importation, sale and other dealings s 215 Recording of musical works s 216 Publication of artistic works s 217 Reconstruction of buildings s 218 Industrial designs s 219 Reproduction of work upon payment of royalties Division 3 — Subject‑matter other than works
s 220 Sound recordings s 221 Cinematograph films s 222 Application of Act to dramatic works and photographs comprised in cinematograph films s 223 Television broadcasts and sound broadcasts s 224 Published editions of works s 225 Infringement by importation, sale and other dealings Division 4 — Miscellaneous
s 226 Actions for infringement s 227 Infringing copies s 228 Actions where copyright subject to exclusive licence s 229 Offences and summary proceedings s 230 Limitation of actions s 231 Restriction of importation of printed copies of works s 232 References and applications to Tribunal in relation to licence schemes s 235 Crown copyright in films s 236 Works made or published by international organizations s 237 Subject‑matter, other than original works, made or published by international organizations s 239 Assignments and licences s 240 Bequests s 242 Groundless threats of legal proceedings Division 5 — Works made before 1 July, 1912
s 243 Interpretation s 244 Application s 245 Rights conferred by Copyright Act, 1911 s 246 Performing rights s 247 Contributions to periodicals s 248 Assignments and licences Part XIA — Performers’ protection
Division 1 — Preliminary
s 248A Interpretation s 248B Educational purposes s 248C Exempt recordings cease to be exempt recordings in certain circumstances s 248CA Protection period s 248D Private and domestic use s 248F Application Division 2 — Actions by performers
s 248G What constitutes unauthorised use s 248H Copying sound recordings for broadcasting s 248J Actions for unauthorised use s 248K Exercise of jurisdiction s 248L Appeals s 248M Jurisdiction of Federal Court s 248MA Jurisdiction of Federal Circuit and Family Court of Australia (Division 2) s 248N Right to bring an action not assignable Division 3 — Offences
Subdivision A — General offences
s 248P Scope of this Subdivision s 248PA Unauthorised direct recording during protection period s 248PB Unauthorised indirect recording during protection period s 248PC Unauthorised communication to public during 20‑year protection period s 248PD Playing unauthorised recording publicly during 20‑year protection period s 248PE Possessing equipment to make or copy unauthorised recording s 248PF Copying unauthorised recording s 248PG Unauthorised copying of exempt recording s 248PH Unauthorised copying of authorised sound recording s 248PI Selling etc. unauthorised recording s 248PJ Distributing unauthorised recording s 248PK Commercial possession or import of unauthorised recording s 248PL Exhibiting unauthorised recording in public by way of trade s 248PM Importing unauthorised recording for exhibition by way of trade Subdivision B — Acts relating to sound recordings of performances given before 1 July 1995
s 248QA Scope of this Subdivision s 248QB Possessing equipment for copying unauthorised sound recording s 248QC Copying unauthorised sound recording s 248QD Selling etc. unauthorised sound recording s 248QE Distributing unauthorised sound recording s 248QF Commercial possession or import of unauthorised sound recording s 248QG Exhibiting unauthorised sound recording in public by way of trade s 248QH Importing unauthorised sound recording for exhibition by way of trade Subdivision C — Prosecution and infringement notices
s 248R Courts in which offences may be prosecuted s 248S Protection against multiple proceedings for same act s 248SA Infringement notices Subdivision D — Destruction or delivery up of unauthorised recordings
s 248T Destruction or delivery up of unauthorised recordings Division 4 — Extension of protection to foreign countries
s 248U Application to foreign countries s 248V Denial of protection to citizens of countries not giving adequate protection to Australian performances Part XII — Regulations
s 249 Regulations 