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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Copyright Amendment (Online
Infringement) Bill 2015
No. , 2015
(Attorney-General)
A Bill for an Act to amend the Copyright Act 1968,
and for related purposes
No. , 2015
Copyright Amendment (Online Infringement) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
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Copyright Act 1968
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No. , 2015
Copyright Amendment (Online Infringement) Bill 2015
1
A Bill for an Act to amend the Copyright Act 1968,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Copyright Amendment (Online
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Infringement) Act 2015.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
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Assent.
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2
Copyright Amendment (Online Infringement) Bill 2015
No. , 2015
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2015
Copyright Amendment (Online Infringement) Bill 2015
3
Schedule 1
--Amendments
1
2
Copyright Act 1968
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1 After section 115
4
Insert:
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115A Injunctions against carriage service providers providing
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access to online locations outside Australia
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(1) The Federal Court of Australia may, on application by the owner of
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a copyright, grant an injunction referred to in subsection (2) if the
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Court is satisfied that:
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(a) a carriage service provider provides access to an online
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location outside Australia; and
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(b) the online location infringes, or facilitates an infringement of,
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the copyright; and
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(c) the primary purpose of the online location is to infringe, or to
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facilitate the infringement of, copyright (whether or not in
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Australia).
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(2) The injunction is to require the carriage service provider to take
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reasonable steps to disable access to the online location.
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Parties
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(3) The parties to an action under subsection (1) are:
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(a) the owner of the copyright; and
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(b) the carriage service provider; and
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(c) the person who operates the online location if, but only if,
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that person makes an application to be joined as a party to the
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proceedings.
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Service
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(4) The owner of the copyright must notify:
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(a) the carriage service provider; and
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(b) the person who operates the online location;
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Schedule 1 Amendments
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Copyright Amendment (Online Infringement) Bill 2015
No. , 2015
of the making of an application under subsection (1), but the Court
1
may dispense, on such terms as it sees fit, with the notice required
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to be sent under paragraph (b) if the Court is satisfied that the
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owner of the copyright is unable, despite reasonable efforts, to
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determine the identity or address of the person who operates the
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online location, or to send notices to that person.
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Matters to be taken into account
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(5) In determining whether to grant the injunction, the Court is to take
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the following matters into account:
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(a) the flagrancy of the infringement, or the flagrancy of the
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facilitation of the infringement, as referred to in
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paragraph (1)(c);
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(b) whether the online location makes available or contains
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directories, indexes or categories of the means to infringe, or
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facilitate an infringement of, copyright;
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(c) whether the owner or operator of the online location
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demonstrates a disregard for copyright generally;
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(d) whether access to the online location has been disabled by
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orders from any court of another country or territory on the
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ground of or related to copyright infringement;
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(e) whether disabling access to the online location is a
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proportionate response in the circumstances;
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(f) the impact on any person, or class of persons, likely to be
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affected by the grant of the injunction;
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(g) whether it is in the public interest to disable access to the
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online location;
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(h) whether the owner of the copyright complied with
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subsection (4);
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(i) any other remedies available under this Act;
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(j) any other matter prescribed by the regulations;
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(k) any other relevant matter.
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Affidavit evidence
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(6) For the purposes of the proceedings, section 134A (affidavit
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evidence) applies as if the reference in paragraph 134A(f) to a
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particular act included a reference to a class of acts.
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Amendments Schedule 1
No. , 2015
Copyright Amendment (Online Infringement) Bill 2015
5
Rescinding and varying injunctions
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(7) The Court may:
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(a) limit the duration of; or
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(b) upon application, rescind or vary;
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an injunction granted under this section.
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(8) An application under subsection (7) may be made by:
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(a) any of the persons referred to in subsection (3); or
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(b) any other person prescribed by the regulations.
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Costs
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(9) The carriage service provider is not liable for any costs in relation
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to the proceedings unless the provider enters an appearance and
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takes part in the proceedings.
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2 Paragraphs 119(a) and 120(1)(b)
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After "115", insert "or 115A".
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3 Section 131A
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Before "The", insert "(1)".
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4 At the end of section 131A
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Add:
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(2) Despite subsection 39(2) of the Judiciary Act 1903, the Supreme
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Court of a State or Territory does not have jurisdiction in relation
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to applications under section 115A of this Act (injunctions against
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carriage service providers providing access to online locations
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outside Australia).
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5 At the end of section 131D
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Add "(other than section 115A)".
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