Commonwealth Numbered Regulations

1990 No. 5 COPYRIGHT REGULATIONS (AMENDMENT) - REG 5

5. After regulation 23 of the Copyright Regulations the following Parts and
Part heading are inserted:

"PART 5-COPYING BY EDUCATIONAL AND OTHER INSTITUTIONS OF
BROADCASTS Interpretation

"23A. For the purposes of this Part, 'administering body', 'broadcast',
'collecting society', 'institution', 'relevant copyright owner' and 'rules'
have the same meaning respectively as in Part VA of the Act. Marking of copies
etc.-paragraph 135K (1) (a) of the Act

"23B. (1) For the purposes of paragraph 135K (1) (a) of the Act, the
administering body must mark, or cause to be marked, each copy, or any
container in which such copy is kept, in the following way, namely, by
specifying, in relation to the copy, or, where a container is marked, in
relation to each copy contained in the container:

   (a)  the following particulars:

        (i)    the name of the institution for which the administering body
               made the copy or caused it to be made;

        (ii)   a reference to Part VA of the Act;

        (iii)  the day on which the broadcast that was copied commenced;

        (iv)   where the copy was made on a day other than the day on which
               the broadcast commenced-the day on which the copy of that
               broadcast was made; or

   (b)  the relevant identifying number of the copy; or

   (c)  where particulars other than the particulars referred to in paragraph
        (a) have been agreed upon between the administering body and the
        collecting society-those other particulars.

"(2) In this regulation, 'relevant identifying number', in relation to each
copy made by, or on behalf of, an administering body for an institution, means
the number or other reference code used by the body that will enable the
collecting society conveniently to:

   (a)  identify the institution; and

   (b)  locate, in relation to each such copy made, a copy of the copying
        record made by the body, being a record made, or caused to be made,
        under paragraph 135K (1) (b) of the Act. Prescribed
        particulars-paragraph 135K (1) (b) of the Act

"23C. For the purposes of paragraph 135K (1) (b) of the Act, the following
particulars are prescribed:

   (a)  the name of the institution for which the administering body made the
        copy or caused the copy to be made;

   (b)  the Part of the Act in reliance on which the copying was carried out;

   (c)  the day on which the copying was carried out;

   (d)  the title, or other identification, of the program, or of each of the
        programs, included in the broadcast that was copied;

   (e)  the name or call sign of the broadcasting station that made the
        broadcast;

   (f)  the day on which, and the time when, the broadcast commenced;

   (g)  the number of copies of the broadcast made by the administering body.
        Prescribed retention period-paragraph 135K (1) (c) of the Act

"23D. For the purposes of paragraph 135K (1) (c) of the Act, a retention
period of 2 years is prescribed. Sending of copies of records-paragraph 135K
(1) (d) of the Act

"23E. Copies of all records that relate to any copying of a broadcast carried
out by, or on behalf of, the administering body during a period of 3 months
commencing on 1 January, 1 April, 1 July or 1 October in any year (being
copies that are to be sent to the collecting society under paragraph 135K (1)
(d) of the Act) must be sent by registered or certified mail not later than 21
days after the end of that 3 month period. Prescribed manner of keeping
records-paragraph 135K (2) (a) of the Act

"23F. For the purposes of paragraph 135K (2) (a) of the Act, a record of the
copying of a broadcast may be kept in any manner that permits the information
in the record to be elicited by the use of a computer. Prescribed
form-paragraph 135K (2) (b) of the Act

"23G. For the purposes of paragraph 135K (2) (b) of the Act, the form in
Schedule 11AA is prescribed. Marking of copies etc.-subsection 135K (3) of the
Act

"23H. For the purposes of subsection 135K (3) of the Act, the administering
body must mark, or cause to be marked, each copy, or any container in which
such copy is kept, in the following way, namely, by specifying, in relation to
the copy, or, where a container is marked, in relation to each copy contained
in the container:

   (a)  the particulars referred to in paragraph 23B (1) (a); or

   (b)  where other particulars have been agreed upon between the
        administering body and the collecting society-those other particulars.
        Prescribed provisions-paragraph 135P (3) (d) of the Act

"23J. (1) For the purposes of paragraph 135P (3) (d) of the Act, in relation
to the rules of the collecting society, the following provisions are
prescribed, namely:

   (a)  that accounting periods be determined, in accordance with the rules,
        by the collecting society for accounting purposes and that no such
        period extend beyond 30 June in any year;

   (b)  that a consistent practice be followed with regard to attributing the
        receipts and expenditure of the collecting society to a particular
        accounting period;

   (c)  that the collecting society exercise reasonable diligence in the
        collection of amounts of equitable remuneration, having regard to the
        expenses likely to be incurred in the collection of such amounts;

   (d)  that the total amount of any gifts for cultural or benevolent purposes
        made by the collecting society in respect of any accounting period be
        an amount not exceeding such percentage of the total amount of
        equitable remuneration received by the society in respect of that
        period as is specified in the rules;

   (e)  that the administrative costs and other outgoings of the collecting
        society paid by the society out of the amounts of equitable
        remuneration collected by it be reasonable;

   (f)  that the distributable amount, in respect of each accounting period of
        the collecting society, be allocated in accordance with a scheme of
        allocation (in this regulation called 'the scheme') that:

        (i)    is determined in accordance with the rules; and

        (ii)   includes criteria for allocation that are specified in the
               rules; and

        (iii)  provides for the allocation of potential shares in the
               distributable amount to qualified persons;

   (g)  that, in relation to each potential share in the distributable amount
        allocated in accordance with the scheme of the collecting society, an
        amount representing that potential share:

        (i)    where the qualified person to whom that share was allocated is,
               at the time of the allocation, a member of the society-be
               distributed, as soon as is reasonably possible after the
               allocation, to that qualified person; or

        (ii)   where the qualified person to whom that share was allocated is
               not, at the time of the allocation, a member of the society:

                (A)  be paid, as soon as is reasonably possible after the
                     allocation, into a trust fund operated by the society for
                     purposes referred to in paragraph (h); and

                (B)  subject to sub-subparagraph (C), be held in that fund in
                     accordance with the rules of the society; and

                (C)  if the qualified person, or that person's agent, becomes
                     a member while the amount representing that person's
                     potential share is held in the trust fund-be distributed
                     to that person or that person's agent, whichever first
                     becomes the member, as soon as is reasonably possible
                     after that person, or that person's agent, as the case
                     may be, becomes a member;

   (h)  that a trust fund be operated by the collecting society for purposes
        that include the holding on trust for any relevant copyright owner who
        is not a member of the society, and whose agent is not a member, of
        any potential share allocated to that owner in accordance with the
        scheme;

   (i)  that any part of a distributable amount, being a part that, in
        relation to an accounting period, cannot for any reason be allocated
        or distributed, be held on trust in the trust fund referred to in
        paragraph (h) until distribution becomes possible or until the end of
        a specified period of not less than 4 years, whichever happens first;

   (j)  that a member of the collecting society, including a member who is a
        relevant copyright owner or the agent of a relevant copyright owner,
        be entitled to reasonable access to the records of the society.

"(2) In this regulation:
'distributable amount', in relation to an accounting period of the collecting
society, means the amount of equitable remuneration received by the society
that is:

   (a)  attributable to that period (in accordance with the practice of the
        society); or

   (b)  otherwise available for distribution; after the payment or
        reservation, out of that amount, of:

   (c)  amounts attributable to that period, including:

        (i)    gifts made by the society; and

        (ii)   administrative costs and other outgoings of the society; and

   (d)  amounts to be carried forward, in accordance with the rules of the
        society, to the next accounting period;
'equitable remuneration' means the equitable remuneration payable by
administering bodies under section 135H or 135J of the Act;
'potential share', in relation to a distributable amount, means a share in
that amount in relation to which share the distribution of an amount
representing that share will take place in the circumstances referred to in
subparagraph (1) (g) (i) or (ii);
'qualified person', in relation to a collecting society, means:

   (a)  a member of the collecting society who is a relevant copyright owner
        or the agent of a relevant copyright owner; or

   (b)  a relevant copyright owner who is not a member of the collecting
        society and whose agent, if any, is not a member.

"PART 6-USE OF BLANK TAPES FOR PRIVATE AND DOMESTIC
COPYING Interpretation

"23K. For the purposes of this Part, 'blank tape', 'collecting society',
'relevant copyright owner', 'royalty', 'rules' and 'vendor' have the same
meaning respectively as in Part VC of the Act. Prescribed
organisations-sections 135ZZR, 135ZZS and 135ZZT of the Act

"23L. For the purposes of sections 135ZZR, 135ZZS and 135ZZT of the Act, the
following organisations are prescribed:

   (a)  the Australian Broadcasting Corporation;

   (b)  the Special Broadcasting Service;

   (c)  any other organisation that is included in one of the following
        classes of organisations:

        (i)    bodies, whether incorporated or not, constituted by a law of
               the Commonwealth or of a State or Territory;

        (ii)   bodies administering archives;

        (iii)  bodies administering libraries, other than libraries that are
               conducted for the profit, direct or indirect, of an individual
               or individuals;

        (iv)   bodies administering museums or art galleries;

        (v)    bodies administering educational institutions, institutions
               assisting handicapped readers or institutions assisting
               intellectually handicapped persons;

        (vi)   organisations that are the holders of licences or permits
               granted under the Broadcasting Act 1942;

        (vii)  organisations that are persons prescribed for the purposes of
               subparagraph 91 (a) (iii) of the Act;

        (viii) organisations that are persons prescribed for the purposes of
               subparagraph 91 (c) (iii) of the Act. Prescribed particulars of
               sale-paragraph 135ZZR (a) of the Act

"23M. For the purposes of paragraph 135ZZR (a) of the Act, the following
particulars of the sale are prescribed:

   (a)  the name of the vendor;

   (b)  the date of the sale;

   (c)  the reference number of the invoice, if any, made out by the vendor in
        respect of the sale. Prescribed particulars of purchase-paragraph
        135ZZS (1) (b) and subparagraph 135ZZS (3) (b) (i) of the Act

"23N. (1) For the purposes of paragraph 135ZZS (1) (b) of the Act, the
following particulars of the purchase are prescribed:

   (a)  the name of the vendor;

   (b)  the date of the purchase;

   (c)  the name and address of the organisation or body that purchased the
        tape and the exemption number, if any, of that organisation or body;

   (d)  the reference number of the invoice, if any, given by the vendor to
        the purchaser in respect of the purchase.

"(2) For the purposes of subparagraph 135ZZS (3) (b) (i) of the Act, the
following particulars of the purchase are prescribed:

   (a)  the name of the vendor;

   (b)  the date of the purchase;

   (c)  the name and address of the person or body that purchased the tape.
        Prescribed provisions-paragraph 135ZZU (3) (d) of the Act

"23P. (1) For the purposes of paragraph 135ZZU (3) (d) of the Act, in relation
to the rules of the collecting society, the following provisions are
prescribed, namely:

   (a)  that accounting periods be determined, in accordance with the rules,
        by the collecting society for accounting purposes and that no such
        period extend beyond 30 June in any year;

   (b)  that a consistent practice be followed with regard to attributing the
        receipts and expenditure of the collecting society to a particular
        accounting period;

   (c)  that the collecting society ensure that amounts of royalties are
        collected, in so far as is practicable, having regard to the expenses
        likely to be incurred in the collection of such amounts;

   (d)  that the total amount of any gifts for cultural or benevolent purposes
        made by the collecting society in respect of any accounting period be
        an amount not exceeding such percentage of the total amount of the
        royalties received by the society in respect of that period as is
        specified in the rules;

   (e)  that the administrative costs and other outgoings of the collecting
        society paid by the society out of the amounts of royalties collected
        by it be reasonable;

   (f)  that the distributable amount, in respect of each accounting period of
        the collecting society, be allocated in accordance with a scheme of
        allocation (in this regulation called 'the scheme') that:

        (i)    is determined in accordance with the rules; and

        (ii)   includes criteria for allocation that are specified in the
               rules; and

        (iii)  provides for the allocation of potential shares in the
               distributable amount to qualified persons;

   (g)  that, in relation to each potential share in the distributable amount
        allocated in accordance with the scheme of the collecting society, an
        amount representing that potential share:

        (i)    where the qualified person to whom that share was allocated is,
               at the time of the allocation, a member of the society-be
               distributed, as soon as is reasonably possible after the
               allocation, to that qualified person; or

        (ii)   where the qualified person to whom that share was allocated is
               not, at the time of the allocation, a member of the society:

                (A)  be paid, as soon as is reasonably possible after the
                     allocation, into a trust fund operated by the society for
                     purposes referred to in paragraph (h); and

                (B)  subject to sub-subparagraph (C), be held in that fund in
                     accordance with the rules of the society; and

                (C)  if the qualified person, or that person's agent, becomes
                     a member while the amount representing that person's
                     potential share is held in the trust fund-be distributed
                     to that person or that person's agent, whichever first
                     becomes the member, as soon as is reasonably possible
                     after that person, or that person's agent, as the case
                     may be, becomes a member;

   (h)  that a trust fund be operated by the collecting society for purposes
        that include the holding on trust for any relevant copyright owner who
        is not a member of the society, and whose agent is not a member, of
        any amount allocated to that owner in accordance with the scheme;

   (i)  that any part of a distributable amount, being a part that, in
        relation to an accounting period, cannot for any reason be allocated
        or distributed, be held on trust in the trust fund referred to in
        paragraph (h) until distribution becomes possible or until the end of
        a specified period of not less than 4 years, whichever happens first;

   (j)  that a member of the collecting society, including a member who is a
        relevant copyright owner or the agent of a relevant copyright owner,
        be entitled to reasonable access to the records of the society.

"(2) In this regulation:
'distributable amount', in relation to an accounting period of the collecting
society, means the amount of royalties received by the society that is:

   (a)  attributable to that period (in accordance with the practice of the
        society); or

   (b)  otherwise available for distribution; after the payment or
        reservation, out of that amount, of:

   (c)  amounts attributable to that period, including:

        (i)    gifts made by the society; and

        (ii)   administrative costs and other outgoings of the society; and

   (d)  amounts to be carried forward, in accordance with the rules of the
        society, to the next accounting period;
'potential share', in relation to a distributable amount, means a share in
that amount in relation to which share the distribution of an amount
representing that share will take place in the circumstances referred to in
subparagraph (1) (g) (i) or (ii);
'qualified person', in relation to a collecting society, means:

   (a)  a member of the collecting society who is a relevant copyright owner
        or the agent of a relevant copyright owner; or

   (b)  a relevant copyright owner who is not a member of the collecting
        society and whose agent, if any, is not a member.
                   "PART 7-MISCELLANEOUS".