COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) 1991 NO. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) 1991 NO. 451 - TABLE OF PROVISIONS 2. Amendment 3. Regulation 3 (Interpretation) 4. Regulation 4 (Application of the Act) 5. Regulation 10 (Restriction of the application of the Act to certain classes of published works and subject-matter other than works) 6. New regulation 10A 7. Regulation 11 (Modification of application of provisions of the Act to works and to certain subject-matter other than works) 8. New regulation 12 9. Schedule 1 10. Schedule 3 1991 No. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) - REG 2 2. Amendment 2.1 The Copyright (International Protection) Regulations are amended as set out in these Regulations. 1991 No. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) - REG 3 3. Regulation 3 (Interpretation) 3.1 Subregulation 3 (1) (definition of "at a material time"): Omit "other subject-matter" (wherever occurring), substitute "subject-matter other than a work". 3.2 Subregulation 3 (1) (definition of "at a material time"): Add at the end: "and (c) in relation to a sound broadcast or a television broadcast-the time when that broadcast was made;". 3.3 Subregulation 3 (1) (definition of "the country of origin", paragraph (f)): Omit "other subject-matter", substitute "subject-matter other than a work". 3.4 Subregulation 3 (1): Insert the following definition: "relevant broadcaster" means a broadcasting organisation that: (a) has its headquarters in the country from which the sound broadcast or the television broadcast, as the case may be, is made; and (b) is entitled under the law of that country to make that sound broadcast or that television broadcast, as the case may be;". 3.5 Subregulation 3 (2): After "sound recording,", insert "a sound broadcast, a television broadcast,". 3.6 Subregulation 3 (4): Omit paragraph 3 (4) (b). 3.7 Subregulation 3 (5): Omit "other subject-matter" (wherever occurring), substitute "subject-matter other than a work". 1991 No. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) - REG 4 4. Regulation 4 (Application of the Act) 4.1 Subregulation 4 (3): Omit "other subject-matter", substitute "subject-matter other than a work". 4.2 Subregulation 4 (4): Omit "other subject-matter", substitute "subject-matter other than a work". 4.3 Subregulation 4 (5): Omit "Part II or Part III", substitute "Part II, Part III or Part IV". 4.4 Add at the end: "(6) Subject to these Regulations, the provisions of the Act apply in relation to a sound broadcast or a television broadcast that has been made, at a material time, by a relevant broadcaster from a place in a country that constitutes, or forms part of, the territory of a country specified in Part IV of Schedule 1 in the same way as those provisions apply in relation to a sound broadcast or a television broadcast made from a place in Australia.". 1991 No. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) - REG 5 5. Regulation 10 (Restriction of the application of the Act to certain classes of published works and subject-matter other than works) 5.1 Subregulation 10 (2): Omit "shall", substitute "is to": 1991 No. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) - REG 6 6. New regulation 10A 6.1 After regulation 10, insert: Application of the Act in relation to broadcasts "10A. In spite of subregulation 4 (6), copyright does not subsist in Australia in a sound broadcast or a television broadcast made from a place outside Australia before the commencement of this regulation.". (NOTE: Regulation 10A commenced on 1 January 1992) 1991 No. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) - REG 7 7. Regulation 11 (Modification of application of provisions of the Act to works and to certain subject-matter other than works) 7.1 Subregulation 11 (1): Omit "other subject-matter" (wherever occurring), substitute "subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast)". 7.2 Paragraph 11 (2) (b): Omit "other subject-matter", substitute "subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast)". 7.3 Paragraph 11 (2) (b): Omit "any subject-matter", substitute "subject-matter other than a work (but not subject-matter that is a sound broadcast or a television broadcast)". 1991 No. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) - REG 8 8. New regulation 12 8.1 After regulation 11, insert: Modification of application of provisions of the Act to sound broadcasts and television broadcasts "12. (1) If a person has, at any time before the commencement of this regulation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a sound broadcast, or to a television broadcast, in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a sound broadcast, or to a television broadcast, at a time when the doing of the act would, but for the making of this regulation, have been lawful, nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of this regulation unless the person who, by virtue of the operation of these Regulations, has the exclusive right to do the act agrees to pay reasonable compensation to the first-mentioned person. "(2) If: (a) by an amendment of these Regulations the name of a country is included in Part IV of Schedule 1; and (b) a person has, at any time before the date on which the amendment comes into operation, taken action by which he or she has incurred expenditure or liability in connection with the doing of an act in relation to a sound broadcast, or to a television broadcast, in a manner that at the time was lawful, or for the purpose of or with a view to the doing of an act in relation to a sound broadcast, or to a television broadcast, at a time when the doing of the act would, but for the amendment, have been lawful; nothing in these Regulations diminishes or prejudices any right or interest arising in connection with the action that is subsisting and valuable immediately before the commencement of the amendment unless the person who, by virtue of the country being included in Part IV of Schedule 1, has the exclusive right to do the act agrees to pay reasonable compensation to the first-mentioned person. "(3) For the purposes of subregulation (2), if: (a) Part IV of Schedule 1 is remade; and (b) on the remaking, the name of a country is included in the Part; and (c) immediately before the remaking, the name of the country was not included in the Part: the remaking of the Part is taken to be an amendment of these Regulations that inserts the name of the country in Part IV.". (NOTE: Regulation 12 commenced on 1 January 1992.) 1991 No. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) - REG 9 9. Schedule 1 9.1 Add at the end: "PART IV Austria Barbados Brazil Burkina Faso Chile Colombia Congo Costa Rica Czechoslovakia Denmark Dominican Republic Ecuador El Salvador Fiji Finland France Germany, Federal Republic of Guatemala Honduras Ireland Italy Japan Lesotho, Kingdom of Luxembourg Mexico Monaco Niger Norway Panama Paraguay Peru Philippines Sweden United Kingdom of Great Britain and Northern Ireland Uruguay". 1991 No. 451 COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) - REG 10 10. Schedule 3 10.1 Omit "Federal Republic of Germany". 10.2 Omit "German Democratic Republic", substitute "Germany, Federal Republic of". - NOTES 1991 No. 451*1* COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 19 December 1991. *2*Statutory Rules 1969 No. 60 as amended by Statutory Rules 1969 No. 65; 1974 No. 137; 1980 No. 276; 1981 No. 74; 1983 No. 127; 1984 No. 43; 1990 Nos. 356 and 357.