COPYRIGHT REGULATIONS (AMENDMENT) 1992 NO. 165 COPYRIGHT REGULATIONS (AMENDMENT) 1992 NO. 165 - TABLE OF PROVISIONS 1. Amendment 2. Regulation 6 (Countries in relation to which Division 6 of Part III of the Act applies) 3. Regulation 8 (Payment of royalty by manufacturer of records of musical works) 4. Regulation 9 (Payment of royalty by affixing adhesive labels) 5. Regulation 10 (Payment of royalty where owner of copyright fails to supply adhesive labels) 6. Regulation 11 (Deposit of moneys by manufacturer of records with owner of copyright in musical work) 7. Regulation 12 (Payment of royalty where owner of copyright cannot be found) 8. Regulation 13 (Payment of royalties to certain overseas copyright owners) 9. Regulation 15A (Variation of sub-section 56 (1) of the Act in its application in respect of records generally) 10. Schedule 8 (Countries in relation to which Division 6 of Part III of the Copyright Act 1968 applies) 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 1 1. Amendment 1.1 The Copyright Regulations are amended as set out in these Regulations. (NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48) 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 2 2. Regulation 6 (Countries in relation to which Division 6 of Part III of the Act applies) 2.1 Paragraph 6 (2) (b): Omit the paragraph. 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 3 3. Regulation 8 (Payment of royalty by manufacturer of records of musical works) 3.1 Omit the regulation, substitute: Payment of royalty by manufacturer of records of musical works "8. Where sub-subparagraph 55 (1) (d) (ii) (b) of the Act applies, the prescribed royalty, within the meaning of section 55 of the Act, is to be paid in accordance with regulations 9 to 14, inclusive, of these Regulations.". 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 4 4. Regulation 9 (Payment of royalty by affixing adhesive labels) 4.1 Subregulation 9 (1): Omit all the words from and including "shall, for the purposes" to the end, substitute "constitutes a manner of payment of the prescribed royalty in respect of the record.". 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 5 5. Regulation 10 (Payment of royalty where owner of copyright fails to supply adhesive labels) 5.1 Subregulation 10 (1): Omit "of sub-paragraph (ii) of paragraph (d) of sub-section (1) of section 55 of the Act in relation to the payment of a royalty", substitute "of sub-subparagraph 55 (1) (d) (ii) (b) of the Act to the payment of a prescribed royalty". 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 6 6. Regulation 11 (Deposit of moneys by manufacturer of records with owner of copyright in musical work) 6.1 Subregulation 11 (1): Omit "For the purposes of sub-paragraph (ii) of paragraph (d) of sub-section (1) of section 55 of the Act, the royalty", substitute "For the purposes of sub-subparagraph 55 (1) (d) (ii) (b) of the Act, the prescribed royalty". 6.2 Subregulation 11 (3): Omit all the words from and including "to the amount that bears" to the end, substitute "to the amount ascertained in accordance with the formula: A X B C where: A is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year immediately preceding the date on and from which the deposit has effect; and B is the number of whole months included in the first period that is an accounting period in relation to the owner and the manufacturer; and C is the number of whole months of the year that are included in the period of one year immediately preceding the date on and from which the deposit has effect and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act by him or her to the owner.". 6.3 After subregulation 11 (3), insert: "(3A) The manufacturer must, subject to this regulation, maintain the amount, ascertained in accordance with the formula in subregulation (3), on deposit with the owner of the copyright .". 6.4 Subregulation 11 (9): Omit all the words from and including "to the amount that bears" to the end, substitute "to the amount ascertained in accordance with the formula: A X B C where: A is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year (in this subregulation referred to as 'the relevant period') immediately preceding that day; and B is the number of whole months included in the last period that was an accounting period in relation to the owner and the manufacturer and ended on or before that day; and C is the number of whole months of the year that are included in the relevant period and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act by him or her to the owner.". 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 7 7. Regulation 12 (Payment of royalty where owner of copyright cannot be found) 7.1 Subregulation 12 (1): Omit "the royalty referred to in sub-paragraph (ii) of paragraph (d) of subsection (1) of section 55 of the Act shall, for the purposes of paragraph (b) of sub-section (5) of that section be deemed to" substitute "the prescribed royalty referred to in sub-subparagraph 55 (1) (d) (ii) (b) of the Act is taken to". 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 8 8. Regulation 13 (Payment of royalties to certain overseas copyright owners) 8.1 Subregulation 13 (3): Omit "payment shall, for the purposes of paragraph (b) of sub-section (5) of section 55 of the Act, be deemed to" substitute "the prescribed royalty referred to in sub-subparagraph 55 (1) (d) (ii) (b) of the Act is taken to". 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 9 9. Regulation 15A (Variation of sub-section 56 (1) of the Act in its application in respect of records generally) 9.1 Omit the regulation. 1992 No. 165 COPYRIGHT REGULATIONS (AMENDMENT) - REG 10 10. Schedule 8 (Countries in relation to which Division 6 of Part III of the Copyright Act 1968 applies) 10.1 Omit the Schedule substitute: SCHEDULE 8 Regulation 6 COUNTRIES IN RELATION TO WHICH DIVISION 6 OF PART III OF THE ACT APPLIES Algeria Ghana Nigeria Andorra Greece Norway Argentina Guatemala Pakistan Austria Guinea Panama Bahamas Guinea-Bissau Paraguay Bangladesh Haiti Peru Barbados Holy See Philippines Belgium Honduras Poland Belize Hungary Portugal Benin Iceland Romania Bolivia India Rwanda Brazil Ireland Saint Vincent and the Bulgaria Israel Grenadines Burkina Faso Italy Senegal Cambodia Japan Singapore Cameroon, Republic of Kenya South Africa Canada Korea, Republic of Spain Central African Lao People's Sri Lanka Republic Democratic Suriname Chad Republic Sweden Chile Lebanon Switzerland Colombia Lesotho, Kingdom of Thailand Congo Liberia The Russian Federation Costa Rica Libyan Arab The United Kingdom C te d'Ivoire Jamahiriya Togo Cuba Liechtenstein Trinidad and Tobago Cyprus Luxembourg Tunisia Czech and Slovak Madagascar Turkey Federal Republic Malawi United States of Denmark Malaysia America Dominican Republic Mali Uruguay Ecuador Malta Venezuela Egypt, Arab Republic Mauritania Yugoslavia of Mauritius Zaire El Salvador Mexico Zambia Fiji Monaco Zimbabwe Finland Morocco France Netherlands Gabon New Zealand Germany, Federal Nicaragua Republic of Niger - NOTES 1992 No. 165*1* COPYRIGHT REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 25 June 1992. *2* Statutory Rules 1969 No. 58 as amended by 1981 Nos. 148 and 355; 1982 No. 65; 1983 Nos. 126, 128 and 293; 1984 Nos. 175 and 275; 1987 No. 34; 1988 No. 125; 1990 Nos. 4, 5, 76 and 301.