Copyright Act 1968

Subject to this section, for the purposes of this Act:

a literary, dramatic, musical or artistic work, or an edition of such a work, shall be deemed to have been published if, but only if, reproductions of the work or edition have been supplied (whether by sale or otherwise) to the public;

a cinematograph film shall be deemed to have been published if, but only if, copies of the film have been sold, let on hire, or offered or exposed for sale or hire, to the public; and

a sound recording shall be deemed to have been published if, but only if, records embodying the recording or a part of the recording have been supplied (whether by sale or otherwise) to the public.

In determining, for the purposes of paragraph (1)(a), whether reproductions of a work or edition have been supplied to the public, section 14 does not apply.

For the purposes of this Act, the performance of a literary, dramatic or musical work, the supplying (whether by sale or otherwise) to the public of records of a literary, dramatic or musical work, the exhibition of an artistic work, the construction of a building or of a model of a building, or the supplying (whether by sale or otherwise) to the public of photographs or engravings of a building, of a model of a building or of a sculpture, does not constitute publication of the work.

A publication that is merely colourable and is not intended to satisfy the reasonable requirements of the public shall be disregarded for the purposes of this Act except in so far as it may constitute an infringement of copyright or a breach of a duty under Part IX.

For the purposes of this Act, a publication in Australia or in any other country shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days.

In determining, for the purposes of any provision of this Act:

whether a work or other subject‑matter has been published;

whether a publication of a work or other subject‑matter was the first publication of the work or other subject‑matter; or

whether a work or other subject‑matter was published or otherwise dealt with in the life‑time of a person;

Subject to section 52, a publication or other act shall, for the purposes of the last preceding subsection, be taken to have been unauthorized if, but only if:

copyright subsisted in the work or other subject‑matter and the act concerned was done otherwise than by, or with the licence of, the owner of the copyright; or

copyright did not subsist in the work or other subject‑matter and the act concerned was done otherwise than by, or with the licence of:

the author or, in the case of a sound recording, cinematograph film or edition of a work, the maker or publisher, as the case may be; or

persons lawfully claiming under the author, maker or publisher.

Nothing in either of the last two preceding subsections affects any provisions of this Act relating to the acts comprised in a copyright or to acts constituting infringements of copyrights or any provisions of Part IX.