Commonwealth Numbered Regulations

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.".