Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 185

Denial of copyright to citizens of countries not giving adequate protection to Australian works

             (1)  If it appears to the Governor-General that the law of a country does not give adequate protection to Australian works, or does not give adequate protection in relation to a class or classes of such works (whether the lack of protection relates to the nature of the work or the nationality, citizenship or country of residence of its author, or all of those matters), the regulations may make provision in relation to that country in accordance with the next succeeding subsection.

             (2)  Regulations made for the purposes of this section may provide, either generally or in such classes of cases as are specified in the regulations, that copyright under this Act does not subsist in works first published after a date specified in the regulations (which may be a date before the commencement of the regulations or before the commencement of this Act) if, at the time of the first publication of those works, the authors of the works were or are:

                     (a)  citizens or nationals of a country specified in the regulations, not being at that time persons resident in Australia; or

                     (b)  in the case of works being sound recordings or cinematograph films--bodies incorporated under the law of a country specified in the regulations.

             (3)  In making regulations for the purposes of this section, the Governor-General shall have regard to the nature and extent of the lack of protection for Australian works by reason of which the regulations are made.

             (4)  In this section:

"Australian work " means a work the author of which was, at the time when the work was made, a qualified person for the purposes of the relevant provision of this Act.

"author " , in relation to a sound recording or a cinematograph film, means the maker of the recording or film.

"the relevant provision of this Act " means:

                     (a)  in relation to a literary, dramatic, musical or artistic
work--section 32; and

                     (b)  in relation to a sound recording or a cinematograph
film--Part IV.

"work " means a literary, dramatic, musical or artistic work, a sound recording or a cinematograph film.



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