Commonwealth Consolidated Regulations Commonwealth Consolidated Regulationsmade under the
Compilation No. 2
Compilation date: 20 March 2024
Includes amendments: F2024L00294
Registered: 25 March 2024
About this compilation
This compilation
This is a compilation of the Copyright Regulations 2017 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Name
3 Authority
4 Definitions
Part 2--Copyright in original works
5 Notices to be displayed near library or archive machines used to make infringing copies--paragraph 39A(b) of the Act
6 Notice requirements for communication of electronic reproduction by library or archives--subparagraph 49(7A)(c)(ii) of the Act
7 Notice of intended publication of unpublished work kept in public library--paragraphs 52(1)(b) and (2)(b) of the Act
8 Countries in relation to which Division 6 of Part III of the Act applies--subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act
9 Notice of intended making of record of musical work
10 Prescribed period relating to making of records of musical works--subsection 55(3) of the Act
11 Inquiries relating to previous records of musical works--section 61 of the Act
12 Circumstances in which design is taken to be applied industrially--section 77 of the Act
Part 3--Copyright in subject-matter other than works
13 Notices to be displayed near library or archive machines used to make infringing copies--paragraph 104B(b) of the Act
14 Prescribed period relating to public performance of recordings first published outside Australia--paragraph 108(1)(b) of the Act
15 Prescribed period relating to broadcasts of recordings not published in Australia--subsection 109(3) of the Act
Part 4--Uses that do not infringe copyright
16 Bodies administering key cultural institutions--paragraph 113L(b) of the Act
Part 5--Collecting societies
17 Rules of a collecting society--paragraphs 113W(d), 135ZZT(3)(d), 135ZZZO(7)(d) and 153F(6)(f) of the Act
Part 6--Limitation on remedies available against service providers
Division 1--Preliminary
18 Industry codes developed by carriage service providers
18A Industry codes developed by designated service providers
19 Designated representatives
20 Requirements for notifications and notices
Division 2--Conditions--cached copyright material
21 Notification relating to Category B activity
Division 3--Conditions--copyright material found to be infringing by an Australian court
22 Notice in relation to Category C and D activities
Division 4--Conditions--takedown of copyright material following notice
23 Application of this Division
24 Notice of claimed infringement
25 Takedown procedure
26 Counter-notice
27 Copy of counter-notice to be sent to copyright owner
28 Restoring copyright material
Division 5--Conditions--procedure following takedown of copyright material without notice from copyright owner, exclusive licensee or agent
29 Application of this Division
30 Notice to user
31 Counter-notice
32 Restoring copyright material
Division 6--Conditions--takedown of reference to copyright material following notice from copyright owner, exclusive licensee or agent
33 Application of this Division
34 Notice of claimed infringement
35 Takedown procedure
Division 7--Civil remedies
36 Authority
37 Action taken to comply with a condition
38 Failure to restore or enable access to copyright material
39 Misrepresentations in notifications and notices
Part 7--Technological protection measures
40 Non-infringing acts enabled by circumvention of access control technological protection measures that are not actionable--paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act
Part 8--Infringement notices and forfeiture of infringing articles and devices
Division 1--Preliminary
41 Object of this Part
42 Provisions subject to an infringement notice
Division 2--Infringement notices
43 When an infringement notice may be given
44 Matters to be included in an infringement notice
45 Extension of time to pay amount
46 Withdrawal of an infringement notice
47 Effect of payment of amount
48 Effect of this Part
Division 3--Forfeiture of infringing articles and devices
49 Forfeiture of infringing articles and devices
Part 9--Seizure of imported copies of copyright material
50 Definition of action period in section 134B of the Act
51 Definition of claim period in section 134B of the Act
52 Information to be given to Comptroller-General of Customs about objection to importation of copies of works etc.--paragraph 135(8)(c) of the Act
53 Seizure of copies of works etc. imported into certain external Territories--subsection 135(9) of the Act
54 Claim for release of seized copies--section 135AEA of the Act
Part 10--Retransmission of free-to-air broadcasts
55 Identity cards--subsection 135ZZQ(1) of the Act
Part 11--Copyright Tribunal
Division 1--Preliminary
56 Authority
57 Organizations treated like persons
Division 2--General provisions
58 Seal of Tribunal
59 Filing of documents
60 Address for service
61 Tribunal may direct alternative means of service or dispense with service
62 Notification of orders of Tribunal and of reasons
Division 3--Applications and references to the Tribunal
Subdivision A--General provisions about applications and references to the Tribunal
63 Form, content and filing of application or reference to the Tribunal
64 Giving application or reference to other parties
65 Advertising of applications and references
66 Hearing of application or reference
Subdivision B--Provisions about particular kinds of applications and references to the Tribunal
67 Matters to be included in application under subsection 47(3) of the Act
68 Matters to be included in application under paragraph 59(3)(b) of the Act
69 Matters to be included in application under subsection 70(3) of the Act
70 Matters to be included in application under subsection 107(3) of the Act
71 Matters to be included in application under paragraph 108(1)(a) of the Act
72 Matters to be included in application under paragraph 113P(4)(b) of the Act
73 Application under paragraph 113R(2)(b) of the Act
74 Matters to be included in application under paragraph 113S(4)(b) of the Act
75 Matters to be included in references under paragraph 113V(2)(c) of the Act
76 Matters to be included in references under paragraph 113X(2)(b) of the Act
77 Matters to be included in applications under subsection 113ZB(1) of the Act
78 Matters to be included in application under subsection 135ZZM(1) of the Act
79 Matters to be included in application under subsection 135ZZN(3) of the Act
80 Matters to be included in references under paragraph 135ZZT(1A)(c) of the Act
81 Matters to be included in references under paragraph 135ZZU(2)(b) of the Act
82 Matters to be included in application under subsection 135ZZWA(1) of the Act
83 Matters to be included in application under subsection 135ZZZS(1) of the Act
84 Matters to be included in application under subsection 152(2) of the Act
85 Matters to be included in application under subsection 152(12) of the Act
86 Matters to be included in application under subsection 153F(1) of the Act
87 Matters to be included in application under subsection 153G(1) of the Act
88 Matters to be included in application under subsection 153K(1) of the Act
89 Matters to be included in reference under section 154 of the Act
90 Reference of existing licence scheme under section 155 of the Act
91 Reference under section 156 of the Act
92 Application for leave under subsection 156(2) of the Act to refer licence scheme to the Tribunal
93 Application under subsection 157(1) of the Act
94 Application under subsection 157(2) of the Act
95 Application under subsection 157(3) of the Act
96 Applications under subsection 157(4) of the Act
97 Application under subsection 183(5) of the Act
98 Matters to be included in applications under subsection 183F(1) of the Act
Subdivision C--Applications ancillary to Tribunal proceedings
99 Application to be made a party to a Tribunal proceeding
100 Application for order about matter related to Tribunal proceeding
101 Consenting to order about matter related to Tribunal proceeding
102 When notice or copy of application under section 100 need not be given
103 Dealing with application under section 100
Division 4--Ancillary matters
Subdivision A--General
104 Consolidating applications and references
105 Directions as to procedure
106 Request as to constitution of Tribunal
107 Withdrawal of application or reference
108 Amendment of documents
Subdivision B--References of questions of law to Federal Court of Australia
109 Request for reference of question of law to Federal Court of Australia
110 Fixing new date for hearing if party requests reference of question of law to Federal Court of Australia
111 Adjournment of Tribunal proceeding pending decision of Federal Court of Australia
112 Tribunal proceeding after determination of question of law by Federal Court of Australia
113 Prescribed period for purposes of subsection 161(2) of the Act
114 Prescribed period for purposes of subsection 161(3) of the Act
115 Suspension of orders of Tribunal pending reference of question of law to Federal Court of Australia
116 Modified operation of Part VI of the Act in relation to suspended Tribunal orders
Division 5--Miscellaneous
117 Parties to Tribunal proceeding are also parties to ancillary application connected with Tribunal proceeding
118 Extension of time
119 Fees for copies
120 Payment of witnesses' fees and expenses
121 Summons
122 Power to exempt from procedural requirements
123 Effect of non-compliance with this Part
Part 12--The Crown
124 Information on use of copyright material for services of the Crown--subsection 183(4) of the Act
Part 13--Extension or restriction on operation of Act
125 International organizations to which the Act applies--subsection 186(1) of the Act
Part 14--Moral rights
126 Other information and particulars for notices under section 195AT of the Act
Part 15--Miscellaneous
127 Period for keeping declarations relating to copying in library or archives--subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the Act
Part 16--Transitional matters
128 Directions about information relating to objection to import of copyright material
129 Objection to import of copyright material into Norfolk Island
130 Limitation on remedies available against carriage service providers
131 Things done under the Copyright Tribunal (Procedure) Regulations 1969
132 Amendments made by the Copyright Amendment (Service Providers) Regulations 2018
Schedule 1--Form of notice near machine for copying works, published editions or audio-visual items
Part 1--Text of notice near machine for copying works or published editions
Part 2--Text of notice near machine for copying works, published editions or audio-visual items
Part 3--Text of notice near machine for copying audio-visual items
Schedule 2--Forms for Part 6
Part 1--Form of notification relating to cached copyright material
Part 2--Form of notice relating to copyright material found to be infringing by Australian court
Part 3--Form of notice by owner, licensee or agent of claimed infringement by storage of copyright material
Part 4--Form of counter-notice in response to notice by copyright owner, licensee or agent of claimed infringement
Part 5--Form of counter-notice in response to takedown of copyright material without notice from copyright owner, licensee or agent
Part 6--Form of notice by owner, licensee or agent of claimed infringement by reference to infringing copyright material
Schedule 3--Forms of summons
Part 1--Summons to witness
Part 2--Summons to produce documents or articles
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
18 Dec 2017 (F2017L01649) | s 1-3: 19 Dec 2017 (s 2(1) item 1) |
| |
Copyright Amendment (Service Providers) Regulations 2018 | 10 Dec 2018 (F2018L01718) | 29 Dec 2018 (s 2(1) item 1) | -- |
Statute Law Amendment (Prescribed Forms) Regulations 2024 | 15 Mar 2024 (F2024L00294) | Sch 1 (items 11, 12): 20 Mar 2024 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LA s 48D |
s 4..................... | am F2018L01718 |
Part 6 |
|
Part 6 heading............. | am F2018L01718 |
Division 1 |
|
s 18.................... | rs F2018L01718 |
s 18A................... | ad F2018L01718 |
s 19.................... | rs F2018L01718 |
s 20.................... | am F2018L01718 |
Division 4 |
|
s 23.................... | am F2018L01718 |
s 24.................... | am F2018L01718 |
s 25.................... | am F2018L01718 |
s 26.................... | am F2018L01718 |
s 27.................... | am F2018L01718 |
s 28.................... | am F2018L01718 |
Division 5 |
|
s 29.................... | am F2018L01718 |
s 30.................... | am F2018L01718 |
s 31.................... | am F2018L01718 |
s 32.................... | am F2018L01718 |
Division 6 |
|
s 33.................... | am F2018L01718 |
s 34.................... | am F2018L01718 |
s 35.................... | am F2018L01718 |
Division 7 |
|
s 37.................... | am F2018L01718 |
s 38.................... | am F2018L01718 |
Part 9 |
|
s 54.................... | am F2024L00294 |
Part 10 |
|
s 55.................... | am F2024L00294 |
Part 16 |
|
s 132................... | ad F2018L01718 |
Schedule 2 |
|
Part 1 |
|
Part 1................... | am F2018L01718 |
Part 2 |
|
Part 2................... | am F2018L01718 |
Part 3 |
|
Part 3................... | am F2018L01718 |
Part 4 |
|
Part 4................... | am F2018L01718 |
Part 5 |
|
Part 5................... | am F2018L01718 |
Part 6 |
|
Part 6................... | am F2018L01718 |