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COPYRIGHT ACT 1968 - SECT 248U Application to foreign countries

COPYRIGHT ACT 1968 - SECT 248U

Application to foreign countries

  (1)   Subject to this section, the regulations may apply any of the provisions of this Part specified in the regulations, in relation to a foreign country so specified, in any one or more of the following ways:

  (a)   so that the provisions apply in relation to performances given in that country in like manner as those provisions apply in relation to performances given in Australia;

  (aa)   so that the provisions apply in relation to recordings, made in that country, of performances in like manner as those provisions apply in relation to recordings of performances given in Australia;

  (ab)   so that the provisions apply in relation to broadcasts, made in that country, of performances in like manner as those provisions apply in relation to broadcasts of performances given in Australia;

  (ac)   so that the provisions apply in relation to recordings, made by persons who are citizens, nationals or residents of that country, of performances in like manner as those provisions apply in relation to recordings of performances given in Australia;

  (b)   so that the provisions apply in relation to persons who are citizens or nationals of that country in like manner as those provisions apply in relation to persons who are Australian citizens;

  (c)   so that the provisions apply in relation to persons who are resident in that country in like manner as those provisions apply in relation to persons who are resident in Australia.

  (2)   Regulations applying a provision of this Part   in relation to a foreign country:

  (a)   may apply the provision without exception or modification or subject to such exceptions or modifications as are specified in the regulations; and

  (b)   may apply the provision either generally or in relation to such classes of performances, or other classes of cases, as are specified in the regulations.

  (3)   Before the Governor - General makes a regulation for the purposes of subsection   (1) applying a provision of this Part   in relation to a foreign country:

  (a)   the country must be a party to an international agreement specified, in relation to the provision of this Part, by the regulations for the purposes of this paragraph; or

  (b)   the Minister must be satisfied that adequate protection is or will be given under the law of the country to performers in performances:

  (i)   protected under this Act; and

  (ii)   to which the provision of this Part relates.