Commonwealth Numbered Regulations

COPYRIGHT (INTERNATIONAL PROTECTION) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 257 - SCHEDULE 1

(regulation 3)

[1] Subregulation 3 (1), after definition of Universal Copyright Convention

insert

"WCT country "means a foreign country that is a party to the WIPO Copyright Treaty concluded at Geneva on 20 December 1996.

Note    For information as to which countries are parties to the WIPO Copyright Treaty, see, for example, the World Intellectual Property Organization website at www.wipo.int.

"WPPT country" means a foreign country that is a party to the WIPO Performances and Phonograms Treaty concluded at Geneva on 20 December 1996.

Note    For information as to which countries are parties to the WIPO Performances and Phonograms Treaty, see, for example, the World Intellectual Property Organization website at www.wipo.int.

[2] Regulation 4, heading

substitute

4 Protection — Berne Convention countries, UCC countries, Rome Convention countries, WCT countries, WPPT countries and WTO countries (Act s 184)

[3] Subregulation 4 (1)

omit

a UCC country

insert

a Rome Convention country, a UCC country, a WCT country, a WPPT country

[4] After subregulation 4 (1)

insert

Live performance incorporated in a sound recording and having connection with a foreign country

(1A)

For subregulation (1), and subject to subregulation (1B), a reference to a sound recording made or first published in a WPPT country is taken to include a reference to a sound recording (wherever made), incorporating a live performance given in a WPPT country.

(1B) Subregulation (1A) applies only in relation to a person who is:

(a)

a maker of the sound recording; and

(b)

a performer in the performance.

[5] Subregulation 4 (2)

omit

a UCC country

insert

a UCC country, a WCT country

[6] Subregulations 4 (3), (4) and (5)

omit

a UCC country

insert

a Rome Convention country, a UCC country, a WCT country, a WPPT country

[7] Subregulation 5 (2), definition of relevant country

omit

a UCC country

insert

a UCC country, a WCT country

[8] Regulation 8, heading

substitute

8 Protection — Rome Convention countries, WPPT countries and WTO countries (Act s 248U)

[9] Subregulation 8 (1), definition of applicable provision , paragraph (a)

substitute

(a)

if the participating country is a WTO country or a WPPT country but not a Rome Convention country — a provision of Part XIA of the Act relating to sound recordings, or communication to the public of live performances; and

[10] Subregulation 8 (1), definition of participating country , paragraph (b)

substitute

(b)

a WPPT country; or

(c)

a WTO country.

[11] After subregulation 8 (2)

insert

Sound recording made in a foreign country of a performance
(2A) An applicable provision applies in relation to a sound recording, made in a participating country (a foreign sound recording ), of a performance:

(a)

in the same way as the provision applies, under the Act, in relation to a sound recording of a performance given in Australia; and

(b)

as if the foreign sound recording were made in Australia.

Broadcast made in a foreign country of a performance
(2B) An applicable provision applies in relation to a broadcast, made by a relevant broadcaster from a place in a participating country (a foreign broadcast ), of a performance:

(a)

in the same way as the provision applies, under the Act, in relation to a broadcast of a performance given in Australia; and

(b)

as if the foreign broadcast were made in Australia.

Sound recording made by a citizen, national or resident of a foreign country of a performance
(2C) An applicable provision applies in relation to a sound recording, made by a person who is a citizen, national or resident of a participating country (a foreign person ), of a performance:

(a)

in the same way as the provision applies, under the Act, in relation to a sound recording of a performance given in Australia; and

(b)

as if the foreign person were an Australian citizen or resident.

[12] Subregulation 8 (5)

omit

[13] Subregulation 8 (7)

 substitute

(7) Subregulation (6) does not apply if:

(a)

the country is also a WTO country or a WPPT country; and

(b)

the rights arising under this regulation are in relation to a provision of Part XIA of the Act relating to sound recordings, or communication to the public of live performances.

[14] Paragraphs 9 (1) (a) and (b)

omit

a Berne Convention country

insert

a Berne Convention country, a WCT country

[15] Subregulation 10 (1)

omit

a Berne Convention country

insert

a Berne Convention country, a WCT country

[16] Subregulation 13 (3), definition of convention country , paragraph (d)

substitute

(d)

a WCT country; or

(e)

a WPPT country; or

(f)

a WTO country.