COPYRIGHT REGULATIONS (AMENDMENT) 1990 NO. 76 COPYRIGHT REGULATIONS (AMENDMENT) 1990 NO. 76 - TABLE OF PROVISIONS 1. Repeal 2. 3. Repeal 4. Prescribed retention period for the purposes of Part X of the Act 5. Repeal 6. Repeal of Schedules 7. Schedule 11A SCHEDULE 1990 No. 76 COPYRIGHT REGULATIONS (AMENDMENT) - REG 1 Repeal 1. Regulations 3A and 5A of the Copyright Regulations are repealed. 1990 No. 76 COPYRIGHT REGULATIONS (AMENDMENT) - REG 2 2. After regulation 23J of the Copyright Regulations the following Part is inserted: "PART 5A-COPYING BY EDUCATIONAL AND OTHER INSTITUTIONS OF WORKS ETC Interpretation "23JA. For the purposes of this Part, 'administering body', 'collecting society', 'eligible item', 'institution', 'licensed copy', 'relevant collecting society', 'relevant copyright owner' and 'rules' have the same meaning respectively as in Part VB of the Act. Prescribed message-subsection 135ZQ (3) of the Act "23JB. For the purposes of subsection 135ZQ (3) of the Act, the following message is prescribed, namely, a message to the following effect: 'This is a sound recording made on (day on which the recording was made) in reliance on section 135ZQ of the Copyright Act 1968 that is to be destroyed, in accordance with that section, not later than 3 months after the day on which it was made.'. Marking of relevant reproductions-subsection 135ZQ (4) of the Act "23JC. (1) For the purposes of subsection 135ZQ (4) of the Act, the administering body must mark, or cause to be marked, each relevant reproduction in the following way, namely, by specifying on the reproduction: (a) where particulars have been agreed upon between the administering body and the collecting society-those particulars; and (b)in any other case (i) the following particulars: (A) the name of the institution for which the administering body made the reproduction or caused it to be made; (B) a reference to section 135ZQ of the Act; (C) the day on which the reproduction was made; and (ii) that the reproduction is to be destroyed not later than 3 months after the day on which it was made. Prescribed message- subsection 135ZT (3) of the Act "23JD. For the purposes of subsection 135ZT (3) of the Act, the following message is prescribed, namely, a message to the following effect: 'This is a sound recording made on (day on which the recording was made) in reliance on section 135ZT of the Copyright Act 1968, that is to be destroyed, in accordance with that section, not later than 3 months after the day on which it was made.'. Marking of copies-subsection 135ZT (4) of the Act "23JE. (1) For the purposes of subsection 135ZT (4) of the Act, the administering body must mark, or cause to be marked, each copy in the following way, namely, by specifying on the copy: (a) where particulars have been agreed upon between the administering body and the collecting society-those particulars; and (b) in any other case: (i) the following particulars: (A) the name of the institution for which the administering body made the copy or caused it to be made; (B) a reference to section 135ZT of the Act; (C) the day on which the copy was made; and (ii) that the copy is to be destroyed not later than 3 months after the day on which it was made. Marking of licensed copies etc.-paragraph 135ZX (1) (a) of the Act "23JF. (1) For the purposes of paragraph 135ZX (1) (a) of the Act, the administering body must mark, or cause to be marked, each licensed copy, or any container in which such copy is kept, by specifying on the copy, or on the container 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 the section of the Act in reliance on which the copy was made; (iii) the day on which the copy was made; or (b) the relevant identifying number of the licensed copy; or (c) where a remuneration notice has been given and particulars other than the particulars referred to in paragraph (a) have been agreed upon between the administering body and the relevant collecting society-those other particulars. "(2) In this regulation, 'relevant identifying number', in relation to each licensed copy made by, or on behalf of, an administering body for an institution, while a remuneration notice is in force, means the number or other reference code used by the body that will enable the relevant 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 135ZX (1) (b) of the Act. Prescribed particulars-paragraph 135ZX (1) (b) of the Act "23JG. (1) For the purposes of paragraph 135ZX (1) (b) of the Act, the following particulars are prescribed in relation to the making of a licensed copy of the whole or a part of an article contained in a periodical publication: (a) the name of the institution for which the administering body made the licensed copy or caused the copy to be made; (b) the section of the Act in reliance on which the making of that copy was carried out; (c) the day on which the making of that copy was carried out; (d) the full name or the surname and initials of the author of the article (if that name is known); (e) the name of that periodical publication; (f) the International Standard Serial Number of that periodical publication; (g) the name of the publisher of the issue of the periodical publication containing the article; (h) the volume and number, if any, or the date of publication, or other identification, of the issue of the periodical publication containing the article; (i) the number of pages copied; (j) the number of copies made of each page copied; (k) where the licensed copy, not being a reprographic reproduction, was in the form of: (i) a record embodying a sound recording of the whole or a part of the article; or (ii) a Braille version, a large-print version, or a photographic version, of the whole or a part of the article; a reference to that form. "(2) For the purposes of paragraph 135ZX (1) (b) of the Act, the following particulars are prescribed in relation to the making of a licensed copy of the whole or a part of a work, not being an article contained in a periodical publication: (a) the name of the institution for which the administering body made the licensed copy or caused the copy to be made; (b) the section of the Act in reliance on which the making of that copy was carried out; (c) the day on which the making of that copy was carried out; (d) the full name, or the surname and initials, of the author of the work (if that name is known); (e) the title or other identification of the work; (f) the International Standard Book Number of the published edition containing the work; (g) the name of the publisher of the edition containing the work; (h) the year of publication of that edition; (i) the number of pages copied; (j) the number of copies made of each page copied; (k) where the licensed copy, not being a reprographic reproduction, was in the form of: (i) a record embodying a sound recording of the whole or a part of the work; or (ii) a Braille version, a large-print version, or a photographic version, of the whole or a part of the work; a reference to that form. "(3) For the purposes of paragraph 135ZX (1) (b) of the Act, the following particulars are prescribed in relation to the making of a licensed copy of an eligible item, being a published sound recording or cinematograph film: (a) the name of the institution for which the administering body made the licensed copy or caused it to be made; (b) the section of the Act in reliance on which the making of the licensed copy was carried out; (c) the day on which the making of that copy was carried out; (d) the title of the recording or film, as the case may be, or other identification of the recording or film; (e) the number of copies made of the recording or film; (f) the form in which the copies were made, being a record embodying a sound recording or a copy of a cinematograph film. Prescribed retention period-paragraph 135ZX (1) (c) of the Act "23JH. For the purposes of paragraph 135ZX (1) (c) of the Act, a retention period of 2 years is prescribed. Sending of copies of records-paragraph 135ZX (1) (d) of the Act "23JJ. Copies of all records that relate to the making of licensed copies 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 135ZX (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 135ZX (2) (a) of the Act "23JK. For the purposes of paragraph 135ZX (2) (a) of the Act, a record of the making of a licensed copy 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 135ZX (2) (b) of the Act "23JL. For the purposes of paragraph 135ZX (2) (b) of the Act, the form in Schedule 11A is prescribed. Prescribed provisions-paragraph 135ZZB (3) (d) of the Act "23JM. (1) For the purposes of paragraph 135ZZB (3) (d) of the Act, in relation to the rules of a collecting society that is declared, under subsection 135ZZB (1) of the Act, to be the collecting society for all relevant copyright owners, or for such classes of relevant copyright owners as are specified in the notice referred to in subsection 135ZZB (1), 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 administrative bodies under section 135ZV or 135ZW 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.". 1990 No. 76 COPYRIGHT REGULATIONS (AMENDMENT) - REG 3 Repeal 3. Regulation 25AA of the Copyright Regulations is repealed repealed. 1990 No. 76 COPYRIGHT REGULATIONS (AMENDMENT) - REG 4 Prescribed retention period for the purposes of Part X of the Act 4. Regulation 25A of the Copyright Regulations is amended by omitting "51A, 53B or 53D" and substituting "51A or 110B". 1990 No. 76 COPYRIGHT REGULATIONS (AMENDMENT) - REG 5 Repeal 5. Regulation 25B of the Copyright Regulations is repealed. 1990 No. 76 COPYRIGHT REGULATIONS (AMENDMENT) - REG 6 Repeal of Schedules 6. Schedules 4, 5, 6 and 7 to the Copyright Regulations are repealed. 1990 No. 76 COPYRIGHT REGULATIONS (AMENDMENT) - REG 7 Schedule 11A 7. Schedules 11A, 11B and 11C to the Copyright Regulations are repealed and the following Schedule is substituted: 1990 No. 76 COPYRIGHT REGULATIONS (AMENDMENT) - SCHEDULE SCHEDULE 11A Regulation 23 RECORD OF THE MAKING OF A LICENSED COPY IN RELIANCE ON PART VB OF THE COPYRIGHT ACT 1968 1. The name of the institution for which the licensed copy was made: ............................ 2. The section of the Copyright Act 1968 in reliance on which the copy was made: ............................ 3. The day on which the copy was made: ................................ 4. The full name or the surname and initials of the author/*s of the article or other work(1): ............................ 5. *The name of the periodical publication in which the article appeared/*The title or other identification of the work/*The title or other identification of the sound recording or cinematograph film: ............................ 6. *The International Standard Serial Number of the periodical publication in which the article appeared/*The International Standard Book Number of the edition containing the works(1): ............................ 7. The name of the publisher of *the issue of the periodical publication in which the article appeared/ *the edition containing the work(1): ............................ 8. *The volume and number or the date of publication or other identification of the issue of the periodical publication in which the article appeared/ *The year of publication of the edition containing the work(1): ............................ 9. The number of pages copied(1): ................................ 10. The number of copies made of *each page/*the sound recording/*the cinematograph film/copied: ............................ 11. The form in which the copy was made(2): ............................ *Omit if not applicable. (1) Questions 4, 6, 7, 8 and 9 should not be answered where the item copied is a sound recording or cinematograph film. (2) Specify the form of the copy: for example, a Braille, large-print or photographic version, a sound recording or a cinematograph film. Question 11 should not be completed where the form of the copy is a facsimile reproduction. - NOTES 1990 No. 76*1* COPYRIGHT REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 23 March 1990. *2* Statutory Rules 1969 No. 58 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 4 and see also Statutory Rules 1990 Nos. 4 and 5.