COPYRIGHT AMENDMENT ACT 1980 No. 154, 1980
COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 1. Short title.
COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 An Act to amend the Copyright Act 1968 BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 1. (1) This Act may be cited as the Copyright Amendment Act 1980.*1* (2) The Copyright Act 1968*2* is in this Act referred to as the Principal Act. COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 2. Commencement
2. (1) Sections 17, 18 and 19 shall come into operation on the day on which this Act receives the Royal Assent*1* (2) The remaining provisions of this Act shall come into operation upon a date to be fixed by Proclamation. COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 3. Copyright not to subsist except by virtue of this Act or the Designs Act
3. Section 8 of the Principal Act is amended- (a) by omitting from sub-section (1) "the next succeeding sub-section" and substituting "section 8A"; and (b) by omitting sub-section (2). COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 4.
4. After section 8 of the Principal Act the following section is inserted: Prerogative rights of the Crown in the nature of copyright "8A. (1) Subject to sub-section (2), this Act does not affect any prerogative right or privilege of the Crown. "(2) Where a right or privilege of the Crown by way of copyright subsists in a work or published edition of a work, a person does not infringe that right or privilege by doing, or authorizing the doing of, an act in relation to the work or edition without the licence of the Crown if, assuming that that right or privilege of the Crown did not subsist in the work or edition, but copyright subsisted under this Act in the work or edition and was owned by a person other than the Crown, he would not infringe the copyright of that owner in the work or edition by doing, or by authorizing the doing of, that act without the licence of the owner. "(3) Nothing in sub-section (2) shall be taken to limit the duration of the right or privilege of the Crown by way of copyright in a work or published edition of a work.". COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 5. Interpretation
5. Section 10 of the Principal Act is amended- (a) by inserting after the definition of "adaption" the following definition: "'archives' means- (a) archival material in the custody of- (i) the Australian Archives; (ii) the Archives Office of New South Wales established by the Archives Act 1960 of the State of New South Wales; (iii) the Public Record Office established by the Public Records Act 1973 of the State of Victoria; or (iv) the Archives Office of Tasmania established by the Archives Act 1965 of the State of Tasmania; or (b) a collection of documents or other material to which this paragraph applies by virtue of sub-section (4);"; (b) by inserting after the definition of "author" the following definition: "'authorized officer', in relation to a library or archives, means the officer in charge of that library or archives or a person authorized by that officer to act on his behalf;"; (c) by inserting after the definition of "calendar year" the following
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definition: "'central records authority' means a body, whether incorporated or unincorporated- (a) which is established for the purpose of holding records that are deposited with it under section 203B or 203G in respect of copies of works and parts of works made by educational institutions in reliance on section 53B and by institutions assisting handicapped readers in reliance on section 53D; and (b) which is declared by the regulations to be a central records authority for the purposes of this Act;"; (d) by inserting after the definition of "drawing" the following definition: "'educational institution' means- (a) a school or similar institution at which full-time primary education or full-time secondary education is provided or both full-time primary education and full-time secondary education are provided; (b) a university, a college of advanced education or a technical and further education institution; (c) an institution, other than an institution referred to in paragraph (a) or (b), that conducts courses of primary, secondary or tertiary education by correspondence or on an external study basis; (d) an institution (other than an institution referred to in paragraph (a), (b) or (c)) which has, as its principal function, the provision of courses of study or training for the purpose of general education or of preparation for a particular occupation or profession and is declared by the regulations to be an institution to which this paragraph applies; or (e) any other institution which has, as its sole or principal function, the furnishing of material to educational institutions included in a class of educational institutions referred to in paragraphs (a), (b), (c) and (d) of this definition for the purpose of assisting the institutions in their teaching purposes and is declared by the regulations to be an institution to which this paragraph applies, but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;"; (e) by inserting after the definition of "future copyright" the following definition: "'handicapped reader' means- (a) a blind person; (b) a person suffering severe impairment of his sight; (c) a person unable to hold or manipulate books or to focus or move his eyes; or (d) a person suffering from a perceptual handicap;"; (f) by inserting after the definition of "infringing copy" the following definition: "'institution assisting handicapped readers' means- (a) an educational institution; or (b) any other institution, not being an institution conducted for the profit, direct or indirect, of an individual or individuals, that has as its principal function, or one of its principal functions, the provision of literary or dramatic works to handicapped readers and that is declared by the regulations to be, for the purposes of this Act, an institution assisting handicapped readers;"; (g) by inserting after the definition of "manuscript" the following definition: "'officer in charge' means- (a) in relation to archives-the archivist or other person having, for the time being, immediate care and control of the collection comprising the archives;
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(b) in relation to a central records authority-the person having, for the time being, immediate care and control of the records deposited with the authority; and (c) in relation to a library-the librarian or other person having, for the time being, immediate care and control of the collection comprising the library;"; (h) by omitting "and also includes the administration of a Territory" from the definition of "the Crown" and substituting "and the Crown in right of the Northern Territory and also includes the Administration of a Territory other than the Northern Territory"; and (j) by adding at the end thereof the following sub-sections: "(2) Without limiting the meaning of the expression 'reasonable portion' in this Act, where a literary, dramatic or musical work is contained in a published edition of that work, being an edition of not less than 10 pages, a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition- (a) do not exceed, in the aggregate, 10% of the number of pages in that edition; or (b) in a case where the work is divided into chapters-exceed, in the aggregate, 10% of the number of pages in that edition but contain only the whole or part of a single chapter of the work. "(3) In this Act, unless the contrary intention appears- (a) a reference to the body administering an educational institution, an institution assisting handicapped readers or a central records authority shall be read as- (i) in a case where the institution or authority is a body corporate-a reference to the institution or authority, as the case may be; or (ii) in any other case-a reference to the body or person (including the Crown) having ultimate responsibility for the administration of the institution or authority, as the case may be; (b) a reference to the body administering a library or archives shall be read as a reference to the body (whether incorporated or not), or the person (including the Crown), having ultimate responsibility for the administration of the library or archives; (c) a reference to a copy of a sound recording shall be read as a reference to a record embodying a sound recording or a substantial part of a sound recording being a record derived directly or indirectly from a record produced upon the making of a sound recording; (d) a reference to the copying records of an educational institution or an institution assisting handicapped readers shall be read as a reference to the collection of- (i) the relevant records in respect of copies of articles and other works made by or on behalf of the body administering the institution in reliance on section 53B; and (ii) the relevant records in respect of copies of articles and other works made by or on behalf of the body administering the institution in reliance on section 53D, other than any such records as have been duly destroyed by, or by authority of, the body administering that institution; (e) a reference to the Crown in right of a State shall be read as including a reference to the Crown in right of the Northern Territory; (f) a reference to the custodian in charge of the copying records of an educational institution or an institution assisting handicapped readers shall be read as a reference to the person having responsibility for the day-to-day administration of the institution; (g) a reference to the making, by reprographic reproduction, of a copy of a document, or of the whole or a part of a work, shall be read as a reference to the making of a facsimile copy of the document or the whole or that part of the work, being a facsimile copy of any size or form;
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(h) a reference to a handicapped reader's copy of a work, or of a part of a work, shall be read as a reference to- (i) a record embodying a sound recording of the work, or of the part of the work, being a record that was made by, or on behalf of, the body administering an institution assisting handicapped readers for use by a handicapped reader for the purpose of research or study that he is undertaking or proposes to undertake or for the purpose of instructing himself on any matter; or (ii) a Braille version, large-print version or photographic version of the work, or of the part of the work, being a Braille version , large-print version or photographic version as the case may be, made by, or on behalf of, the body administering the institution assisting handicapped readers for use by a handicapped reader for the purpose of research or study that he is undertaking or proposes to undertake or for the purpose of instructing himself on any matter; (j) a reference to a microform copy of the whole or a part of a work shall be read as reference to a copy of the whole or a part of the work produced by miniaturizing the graphic symbols of which the work is composed; (k) a reference to a periodical publication shall be read as a reference to an issue of a periodical publication and a reference to articles contained in the same periodical publication shall be read as a reference to articles contained in the same issue of that periodical publication; (l) a reference to a record embodying a sound recording shall be read as a reference to- (a) a record produced upon the making of a sound recording; or (b) another record embodying the sound recording directly or indirectly derived from a record so produced; (m) a reference to a relevant record, or a relevant declaration, in relation to the making, in reliance on a particular section- (i) of a copy, or a handicapped reader's copy , of the whole or a part of a work; or (ii) of a copy of a sound recording, shall be read as a reference to any record or declaration of a kind referred to in that section that is required by this Act to be made in relation to the making of that copy; and (n) a reference to a State shall be read as including a reference to the Northern Territory and a reference to a Territory shall be read as not including a reference to the Northern Territory. "(4) Where- (a) a collection of documents or other material of historical significance or public interest that is in the custody of a body, whether incorporated or unincorporated, is being maintained by the body for the purpose of conserving and preserving those documents or other material; and (b) the body does not maintain and operate the collection for the purpose of deriving a profit, paragraph (b) of the definition of 'archives' in sub-section (1) applies to that collection." COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 6.
6. After section 39 of the Principal Act the following section is inserted: Infringing copies made on machines installed in libraries and archives "39A. Where- (a) a person makes an infringing copy of, or of part of, a work on a machine for the making, by reprographic reproduction, of copies of documents, being a machine installed by or with the approval of the body administering a library or archives on the premises of the library or archives, or outside those premises for the convenience of persons using the library or archives; and (b) there is affixed to, or in close proximity to, the machine, in a place readily visible to persons using the machine, a notice of the prescribed dimensions and in accordance with the prescribed form, neither the body administering the library or archives nor the officer in charge of the library or archives shall be taken to have authorized the making of the infringing copy by reason only that the copy was made on that
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machine.". COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 7. Fair dealing for purpose of research or study
7. Section 40 of the Principal Act is amended- (a) by omitting "private"; and (b) by adding at the end thereof the following sub-sections: "(2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or study include- (a) the purpose and character of the dealing; (b) the nature of the work or adaptation; (c) the possibility of obtaining the work of adaptation within a reasonable time at an ordinary commercial price; (d) the effect of the dealing upon the potential market for, or value of, the work or adaptation; and (e) in a case where part only of the work or adaptation is copied- the amount and substantiality of the part copied taken in relation to the whole work or adaptation. "(3) Notwithstanding sub-section (2), a dealing with a literary, dramatic or musical work, or with an adaptation of such a work, being a dealing by way of the copying, for the purposes of research or study- (a) if the work or adaptation comprises an article in a periodical publication-of the whole or a part of that work or adaptation; or (b) in any other case-of not more than a reasonable portion of the work or adaptation, shall be taken to be a fair dealing with that work or adaptation for the purpose of research or study. "(4) Sub-section (3) does not apply to a dealing by way of the copying of the whole or a part of an article in a periodical publication if another article in that publication, being an article dealing with a different subject matter, is also copied.". COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 8. Reproduction for purpose of judicial proceedings or professional advice
8. Section 43 of the Principal Act is amended by adding at the end thereof the following sub-section: "(2) A fair dealing with a literary, dramatic, musical or artistic work does not constitute an infringement of the copyright in the work if it is for the purpose of the giving of professional advice by a legal practitioner or patent attorney.". COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 9.
9. Section 48 of the Principal Act is repealed and the following section substituted: Interpretation "48. In this Division, a reference to an article contained in a periodical publication shall be read as a reference to anything (other than an artistic work) appearing in such a publication.". COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT. 10.
10. Sections 49 and 50 of the Principal Act are repealed and the following sections substituted: Copying by libraries and archives for users "49. (1) A person may furnish to the officer in charge of a library (not being a library that is conducted for the profit, direct or indirect, of an individual or individuals) or the officer in charge of archives- (a) a request in writing to be supplied with a copy of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication; and
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(b) a declaration signed by him stating- (i) that he requires the copy for the purpose of research or study and will not use it for any other purpose or, if he is a member of a Parliament and the copy is being requested from the person in charge of a library the principal purpose of which is to provide library services for members of that Parliament, that he requires the copy for the performance of his duties as such a member and will not use it for any other purpose; and (ii) that he has not previously been supplied with a copy of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives. "(2) Subject to this section, where a request and declaration referred to in sub-section (1) are furnished to the officer in charge of a library or archives, an authorized officer of the library or archives may, unless the declaration contains a statement that to his knowledge is untrue in a material particular, make, or cause to be made, the copy to which the request relates and supply the copy to the person who made the request. "(3) Where a charge is made for making and supplying a copy to which a request under sub-section (1) relates, sub-section (2) does not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy. "(4) Sub-section (2) does not apply in relation to a request for a copy of, or parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject matter. "(5) Sub-section (2) does not apply to a request for a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication), or to a copy of a part of such a work that contains more than a reasonable portion of the work unless- (a) the work forms part of the library or archives collection; and (b) before the copy is made, an authorized officer has, after reasonable investigation, made a declaration stating that he is satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.