{"id":"C1905A00025","name":"Copyright Act 1905","slug":"copyright-act-1905","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"25 of 1905","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":12275,"registerId":"commonwealth-C1905A00025-current","compilationNumber":null,"startDate":"2026-03-31","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Copyright Act 1905","content":"COPYRIGHT.\n\nNo. 25 of 1905.\n\nAn Act relating to Copyright.\n\n\\[Assented to 21st December, 1905.\n\nBE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—\n\nPART I.—PRELIMINARY.\n\nShort title.\n\n1. This Act may be cited as the Copyright Act 1905.\n\nCommencement.\n\n2. This Act shall commence on a day to be fixed by Proclamation.\n\nParts.\n\n3. This Act is divided as follows :—\n\nPart I.—Preliminary.\n\nPart II.—Administration.\n\nPart III.—Literary, Musical, and Dramatic Copyright.\n\nPart IV.—Artistic Copyright.\n\nPart V.—Infringement of Copyright.\n\nPart VI.—International and State Copyright.\n\nPart VII.—Registration of Copyrights.\n\nPart VIII.—Miscellaneous.\n\nInterpretation.\n\n4. In this Act, unless the contrary intention appears—\n\n“Artistic work” includes—\n\n(a) any painting, drawing, or sculpture ; and\n\n(b) any engraving, etching, print, lithograph, woodcut, photograph, or other work of art produced by any process, mechanical or otherwise, by which impressions or representations of works of art can be taken or multiplied:\n\n“Author” includes the personal representatives of an author:\n\n“Book” includes any book or volume, and any part or division of a book or volume, and any article in a book or volume, and any pamphlet, periodical, sheet of letterpress, sheet of music, map, chart, diagram, or plan separately published, and any illustration therein:\n\n  \n\n“Dramatic work,” in addition to being included in the definition of book, means any tragedy, comedy, play, drama, farce, burlesque, libretto of an opera, entertainment, or other work of a like nature, whether set to music or otherwise, lyrical work set to music, or other scenic or dramatic composition:\n\n“Lecture” includes a sermon:\n\n“Musical work” in addition to being included in the definition of book, includes any combination of melody and harmony, or either of them, printed, reduced to writing, or otherwise graphically produced or reproduced:\n\n“Periodical” means a review, magazine, newspaper, or other periodical work of a like nature:\n\n“Pirated artistic work” means a reproduction of an artistic work made in any manner without the authority of the owner of the copyright in the artistic work :\n\n“Pirated book” means a reproduction of a book made in any manner without the authority of the owner of the copyright in the book:\n\n“Portrait” includes any work the principal object of which is the representation of a person by painting, drawing, engraving, photography, sculpture, or any form of art:\n\n“Publish” and “Publication” in relation to a book refer to offer for sale or distribution, in each case with the privity of the author, so as to make the book accessible to the public:\n\n“The Registrar” means the Registrar of Copyrights or a Deputy Registrar of Copyrights:\n\n“State Copyright Act” means any State Act relating to the registration of the copyright or performing right, or lecturing right in books, or dramatic or musical works, or in artistic works or fine art works, or in lectures.\n\nWhat is simultaneous publication or performance.\n\n5. For the purposes of this Act publication, performance, or delivery in the Commonwealth shall be deemed to be simultaneous with publication, performance, or delivery elsewhere if the period between the publications, performances, or deliveries does not exceed fourteen days.\n\nBlasphemous, &c., matter not protected.\n\n6. No copyright, performing right, or lecturing right shall subsist under this Act in any blasphemous, indecent, seditious, or libellous work or matter.\n\nApplication of the Common Law.\n\n7. Subject to this and any other Acts of the Parliament, the Common Law of England relating to proprietary rights in unpublished literary compositions shall, after the commencement of this Act, apply throughout the Commonwealth.\n\nState Copyright Acts not to apply to copyright under this Act.\n\n88.—(1.) The State Copyright Acts so far as they relate to the copyright in any book, the performing right in any musical or dramatic work, the lecturing right in any lecture, or the copyright in any artistic\n\n  \n\nor fine art work shall not apply to any book, dramatic or musical work, lecture, or artistic work in which copyright, performing right, or lecturing right, subsists under this Act.\n\nSaving of rights under State laws.\n\n(2.) Subject to Part II. of this Act, nothing in this Act shall affect the application of the laws in force in any State at the commencement of this Act to any copyright or other right in relation to books or dramatic or musical works or lectures or artistic or fine art works acquired under or protected by those laws before the commencement of this Act.\n\nPART II.—ADMINISTRATION.\n\nDivision 1.—The Registrar and the Copyright Office.\n\nRegistrar.\n\n9.—(1.) There shall be a Registrar of Copyrights.\n\n(2.) The Governor-General may appoint one or more Deputy Registrars of Copyrights who shall, subject to the control of the Registrar of Copyrights, have all the powers conferred by this Act on the Registrar.\n\nCopyright Office.\n\n10. For the purposes of this Act an office shall be established which shall be called the Copyright Office.\n\nSeal of Copyright Office.\n\n11. There shall be a seal of the Copyright Office, and impressions thereof shall be judicially noticed.\n\nDivision 2.—The Transfer of the Administration of the State Copyright Acts.\n\nTransfer of administration.\n\n12. The Governor-General may, by proclamation, declare that, from and after a date specified in the proclamation, the administration of the State Copyright Acts of any State so far as they relate to the registration of the copyright in any book, the performing right in any musical or dramatic work, the lecturing right in any lecture, and the copyright in any artistic or fine art work, or to the registration of any assignment or grant of, or licence in relation to, any such right, shall be transferred to the Commonwealth and thereupon, so far as is necessary for the purposes of this section—\n\nEffect of transfer of administration.\n\nCf. Patents Act 1903, ss. 18 and 19.\n\n(a) the State Copyright Acts of the State shall cease to be administered by the State, and shall thereafter be administered by the Commonwealth so far as is necessary for the purpose of completing then pending proceedings and of giving effect to then existing rights, and the Registrar shall collect for the State all fees which become payable thereunder ; and\n\n(b) all powers and functions under any State Coypright Act vested in the Governor of the State or in the Governor with the advice of the Executive Council of the State or in any Minister officer or authority of the State shall vest in the Governor-General or in the Governor-General in Council or in the Minister officer or authority exercising similar powers under the Commonwealth as the case requires or as is prescribed ; and\n\n  \n\n(c) all records registers deeds and documents of the Copyright Office of the State vested in or subject to the control of the State shall, by force of this Act, be vested in and made subject to the control of the Commonwealth.\n\nPART III.—LITERARY, MUSICAL, AND DRAMATIC COPYRIGHT.\n\nCopyright in books.\n\n13.—(1.) The copyright in a book means the exclusive right to do, or authorize another person to do, all or any of the following things in respect of it:—\n\n(a) To make copies of it:\n\n(b) To abridge it:\n\n(c) To translate it:\n\n(d) In the case of a dramatic work, to convert it into a novel or other non-dramatic work:\n\n(e) In the case of a novel or other non-dramatic work, to convert it into a dramatic work : and\n\n(f) In the case of a musical work, to make any new adaptation, transposition, arrangement, or setting of it, or of any part of it, in any notation.\n\n(2.) Copyright shall subsist in every book, whether the author is a British subject or not, which has been printed from type set up in Australia, or plates made therefrom, or from plates or negatives made in Australia in cases where type is not necessarily used, and has, after the commencement of this Act, been published in Australia, before or simultaneously with its first publication elsewhere.\n\nPerforming right in dramatic and musical works.\n\n14.—(1.) The performing right in a dramatic or musical work means the exclusive right to perform it, or authorize its performance, in public.\n\n(2.) Performing right shall subsist in every dramatic or musical work, whether the author is a British subject or not, which has, after the commencement of this Act, been performed in public in Australia, before or simultaneously with its first performance in public elsewhere.\n\nLecturing right in lectures.\n\n15.—(1.) The lecturing right in a lecture means the exclusive right to deliver it, or authorize its delivery, in public, and, except as hereinafter provided, to report it.\n\n(2.) Lecturing right shall subsist in every lecture, whether the author is a British subject or not, which has, after the commencement of this Act, been delivered in public in Australia, before or simultaneously with its first delivery in public elsewhere.\n\nCommencement of copyright, performing right, and. lecturing right.\n\n16.—(1.) The copyright in a book shall begin with its first publication in Australia.\n\n(2.) The performing right in a dramatic or musical work shall begin with its first performance in public in Australia.\n\n(3.) The lecturing right in a lecture shall begin with its first delivery in public in Australia.\n\n  \n\nTerm of copyright, performing right, and lecturing right.\n\n17.—(1.) The copyright in a book, the performing right in a dramatic or musical work, and the lecturing right in a lecture, shall subsist for the term of forty-two years or for the author’s life and seven years whichever shall last the longer.\n\n(2.) Where the first publication of a book, the first performance in public of a musical or dramatic work, or the first delivery in public of a lecture takes place after the death of the author, the copyright, performing right, or lecturing right, as the case may be, shall subsist for the term of forty-two years.\n\n(3.) Where a book or a dramatic or musical work is written by joint authors the copyright and the performing right shall subsist for the term of forty-two years or their joint lives and the life of the survivor of them, and seven years, whichever shall last the longer.\n\n(4.) If a lecture is published as a book with the consent in writing, of the owner of the lecturing right, the lecturing right shall cease.\n\nOwnership in copyright, performing right, and lecturing right.\n\n18.—(1.) The author of a book shall be the first owner of the copyright in the book.\n\n(2.) The author of a dramatic work or musical work shall be the first owner of the performing right in the dramatic or musical work.\n\n(3.) The author of a lecture shall be the first owner of the lecturing right in the lecture.\n\nOwnership in the case of joint authors.\n\n19. Where there are joint authors of a book, or of a dramatic or musical work, or of a lecture, the copyright, or the performing right, or the lecturing right, as the case may be, shall be the property of the authors.\n\nSeparate authors.\n\n20. Where a book is written in distinct parts by separate authors and the name of each author is attached to the portion written by him, each author shall be entitled to copyright in the portion written by him in the same manner as if it were a separate book.\n\nEncyclopædia and similar works.\n\n21. The proprietor or projector of an encyclopædia or other similar permanent work of reference who employs some other person for valuable consideration in the composition of the whole or any part of the work shall be entitled to the copyright in the work in the same manner as if he were the author thereof.\n\nCopyright in articles published in. periodicals.\n\n22.—(1.) The author of any article, contributed for valuable consideration to and first published in a periodical, shall be entitled to copyright in the article as a separate work, but so that—\n\n(a) he shall not be entitled to publish the article or authorize its publication until one year after the end of the year in which the article was first published, and\n\n(b) his right shall not exclude the right of the proprietor of the periodical under this section.\n\n(2.) The proprietor of a periodical in which an article, which has been contributed for valuable consideration, is first published shall be entitled to copyright in the article, but so that—\n\n(a) he shall not be entitled to publish the article or authorize its publication except in the periodical in its original form of publication, and\n\n  \n\n(b) his right shall not exclude the right of the author of the article, under this section.\n\nCopyright in articles published in periodicals without valuable consideration.\n\n23. The author of any article contributed without valuable consideration to, and first published in, a periodical, shall be entitled to copyright in the article as a separate work.\n\nCopyright, &c., to be personal property.\n\n24. The copyright in a book, the performing right in a dramatic or musical work, and the lecturing right in a lecture shall be personal property, and shall be capable of assignment and of transmission by operation of law.\n\nCopyright and other rights to be separate properties.\n\n25. The copyright in a book, and the performing right in a dramatic or musical work and the lecturing right in a lecture shall be deemed to be distinct properties for the purposes of ownership, assignment, licence, transmission, and all other purposes.\n\nAssignment of copyright.\n\n26. The owner of the copyright in a book, or of the performing right in a dramatic or musical work, or of the lecturing right in a lecture, may assign his right either wholly or partially and either generally or limited to any particular place or period, and may grant any interest therein by licence ; but an assignment or grant shall not be valid unless it is in writing signed by the owner of the right in respect of which it is made or granted.\n\nNew editions.\n\n27. Any second or subsequent edition of a book containing material or substantial alterations or additions shall be deemed to be a new book, but so as not to prejudice the right of any person to reproduce a former edition of the book or any part thereof after the expiration of the copyright in the former edition.\n\nProvided that while the copyright in a book subsists no person, other than the owner of the copyright in the book or a person authorized by him, shall be entitled to publish a second or subsequent edition thereof.\n\nMaking of abridgment, &., for private use.\n\n28. Copyright in a book shall not be infringed by a person making an abridgment or translation of the book for his private use (unless he uses it publicly or allows it to be used publicly by some other person), or by a person making fair extracts from or otherwise fairly dealing with the contents of the book for the purpose of a new work, or for the purposes of criticism, review, or refutation, or in the ordinary course of reporting scientific information.\n\nTranslations or abridgments.\n\n29. Where the author has parted with the copyright in his book and a translation or abridgment of the book is made with the consent of the owner of the copyright by some person other than the author, notice shall be given in the title-page of every copy of the translation or abridgment that it has been made by some person other than the author.\n\nFailure of author to make or cause translation of book.\n\n30. Where a translation of a book into a particular language is not made within ten years from the date of the publication of the book by the owner of the copyright or by some person by his authority—\n\n(a) Any person desirous of translating the book into that language may make an application in writing-to the Minister for permission so to do:\n\n  \n\n(b) The Minister may thereupon by notice in writing inform the owner of the copyright of such application and request him to make or cause to be made a translation of the book into that language within such time as the Minister deems reasonable or to show cause why such application should not be granted :\n\n(c) If the owner of the copyright fails to comply with such notice the Minister may grant such application.\n\nCopyright in translations.\n\n31. Copyright shall subsist in a lawfully-produced translation or abridgment of a book in like manner as if it were an original work.\n\nNotice of reservation of performing right.\n\n32.—(1.) Where a dramatic or musical work is published as a book, and it is intended that the performing right is to be reserved, the owner of the copyright, whether he has parted with the performing right or not, shall cause notice of the reservation of the performing right to be printed on the title page or in a conspicuous part of every copy of the book.\n\nDefendant’s rights where no notice of reservation of performing right.\n\n(2.) Where—\n\n(a) proceedings are taken for the infringement of the performing right in a dramatic or musical work published as a book, and\n\n(b) the defendant proves to the satisfaction of the Court that he has in his possession a copy of the book containing the dramatic or musical work and that that copy was published with the consent of the owner of the copyright, and does not contain the notice required by this Act of the reservation of the performing right,\n\njudgment may be given in his favour either with or without costs as the Court, in its discretion, thinks fit; but in any such case the owner of the performing right (if he is not the owner of the copyright) shall be entitled to recover from the owner of the copyright damages in respect of the injury he has incurred by the neglect of the owner of the copyright to cause due notice to be given of the reservation of the performing right.\n\nReport of lecture in a newspaper.\n\n33.—(1.) Unless the reporting of a lecture is prohibited by a notice as in this section mentioned, the lecturing right in a lecture shall not be infringed by a report of the lecture in a newspaper.\n\n(2.) The notice prohibiting the reporting of a lecture may be given—\n\n(a) orally at the beginning of the lecture ; or\n\n(b) by a conspicuous written notice affixed, before the lecture is given, on the entrance doors of the building in which it is given or in a place in the room in which it is given.\n\n(3.) When a series of lectures is intended to be given by the same lecturer on the same subject, one notice only need be given in respect of the whole series.\n\n  \n\nPART IV.—ARTISTIC COPYRIGHT.\n\nMeaning of copyright.\n\n34. The copyright in an artistic work means the exclusive right of the owner of the copyright to reproduce or authorize another person to reproduce the artistic work, or any material part of it, in any manner, form, or size, in any material, or by any process, or for any purpose.\n\nCopyright in artistic works.\n\n35. Copyright shall subsist in every artistic work whether the author is a British subject or not, which is made in Australia after the commencement of this Act.\n\nCommencement and term of artistic copyright.\n\n36. The copyright in an artistic work shall begin with the making of the work, and shall subsist for the term of forty-two years or for the author’s life and seven years whichever shall last the longer.\n\nOwnership of copyright in artistic work.\n\n37. The author of an artistic work shall be the first owner of the copyright in the work.\n\nCopyright in portraits.\n\n38. When an artistic work, being a portrait, is made to order for valuable consideration, the person to whose order it is made shall be entitled to the copyright therein as if he were the author thereof.\n\nCopyright in photographs.\n\n39.—(1.) When a photograph is made to order for valuable consideration the person to whose order it is made shall be entitled to the copyright therein as if he were the author thereof.\n\n(2.) Subject to sub-section (1) of this section, when a photograph is made by an employee on behalf of his employer the employer shall be deemed to be the author of the photograph.\n\nEngravings and prints.\n\n40.—(1.) Subject to section thirty-four of this Act the engraver or other person who makes the plate or other instrument by which copies of an artistic work are multiplied shall be deemed to be the author of the copies produced by means of the plate or instrument.\n\n(2.) When the plate or other instrument mentioned in this section is made by an employee on behalf of his employer the employer shall be deemed to be the author of the copies produced by means of the plate or instrument.\n\nCopyright in case of sale of painting, statue, or bust\n\n41.—(1.) When the owner of the copyright in any artistic work being a painting, or a statue, bust, or other like work, disposes of such work for valuable consideration, but does not assign the copyright therein, the owner of the copyright (except as in this section mentioned) may in the absence of any agreement in writing to the contrary make a replica of such work.\n\nEight of author to make replicas of statues, &c. in public places.\n\n(2.) When a statue, bust, or other like work, whether made to order or not, is placed or is intended to be placed in a street or other like public place, the author may, in the absence of any agreement to the contrary, make replicas thereof.\n\nArtistic copyright is personal property.\n\n42. The copyright in an artistic work shall be personal property, and shall be capable of assignment and of transmission by operation of law.\n\n  \n\nCopyright and ownership in artistic works.\n\n43. The copyright in an artistic work and the ownership of the artistic work shall be deemed to be distinct properties for the purposes of ownership, assignment, licence, transmission, and all other purposes.\n\nAssignment of copyright.\n\n44. The owner of the copyright in an artistic work may assign his right wholly or partially and either generally or limited to any particular place or period and may grant any interest therein by licence; but an assignment or grant shall not be valid unless it is in writing signed by the owner of the copyright.\n\nPART V.—INFRINGEMENT OF COPYRIGHT.\n\nInfringement of rights under Act.\n\n45. If any person infringes any right conferred by this Act in respect of the copyright in a book, the performing right in dramatic or musical work, the lecturing right in a lecture, or the copyright in an artistic work, the owner of the right infringed may maintain an action for damages or penalties or profits, and for an injunction, or for any of those remedies.\n\nDamages in case of performing right or lecturing right.\n\n46. In assessing the damages in respect of the infringement of the performing right in a dramatic or musical work or the lecturing right in a lecture, regard shall be had to the amount of profit made by the infringer by reason of the infringement, and to the amount of actual damage incurred by the owner of the performing or lecturing right.\n\nNotice of objection to title.\n\n47. The plaintiff in any action for the infringement of a right conferred by this Act shall be presumed to be the owner of the right which he claims, unless the defendant in his pleadings in defence pleads that the defendant disputes the title of the plaintiff, and states the grounds on which the plea is founded, and the name of the person, if any, whom the defendant alleges to be the owner of the right.\n\nLimitation of actions.\n\n48. No action for any infringement of copyright, performing right, or lecturing right under this Act shall be maintainable unless it is commenced within two years next after the infringement is committed.\n\n(Cf. 5-6 vict. c. 45, s. 26.)\n\nProperty in pirated books or artistic work.\n\n49. All pirated books and all pirated artistic works shall be deemed to be the property of the owner of the copyright in the book or work and may, together with the plates, blocks, stone, matrix, negative, or thing, if any, from which they are printed or made, be recovered by him by action or other lawful method.\n\nPenalties for dealing with pirated books.\n\n50. If any person—\n\n(a) sells, or lets for hire, or exposes offers or keeps for sale or hire, any pirated book or any pirated artistic work ; or\n\n(b) distributes, or exhibits in public, any pirated book or any pirated artistic work ; or\n\n(c) imports into Australia any pirated book or any pirated artistic work,\n\nhe shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding Five pounds for each copy of such\n\n  \n\npirated book or pirated artistic work dealt with in contravention of this section, and also to forfeit to the owner of the copyright every such copy so dealt with, and also to forfeit the plates, blocks, stone, matrix, negative, or thing, if any, from which the pirated book or pirated artistic work was printed or made.\n\nProvided that the whole penalties inflicted on anyone offender in respect of the same transaction shall not exceed Fifty pounds.\n\nProvided also that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court at the hearing that he did not know, and could not with reasonable care have ascertained, that the book was a pirated book or the work was a pirated artistic work.\n\nLiability in respect of use of theatre.\n\n51. Where a dramatic or musical work is performed in a theatre or other place in infringement of the performing right of the owner of that right, the proprietor tenant or occupier who permitted the theatre or place to be used for the performance shall be deemed to have infringed the performing right and shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding Five pounds for each such offence and the court may, in addition to the penalty, order the defendant to pay to the owner of the performing right in respect of each such infringement a sum by way of damages to the amount of Ten pounds, or to such amount as the court deems equal to the profits made by the performance of the work, whichever sum is greater.\n\nProvided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court at the hearing that he did not know and could not with reasonable care have ascertained that the dramatic or musical work was performed in infringement of the performing right of the owner of that right.\n\nSearch warrant and seizure of pirated copies.\n\n52.—(1.) A Justice of the Peace may upon the application of the owner of the copyright in any book or in any artistic work or of the agent of such owner appointed in writing :—\n\n(a) If satisfied by evidence that there is reasonable ground for believing that pirated books or pirated artistic works are being sold, or offered for sale—issue a warrant, in accordance with the form prescribed, authorizing any constable to seize the pirated books or pirated artistic works and to bring them before a court of summary jurisdiction.\n\n(b) If satisfied by evidence that there is reasonable ground for believing that pirated books or pirated artistic works are to be found in any house, shop, or other place—issue a warrant, in accordance with the form prescribed, authorizing any constable to search, between sunrise and sunset, the place where the pirated books or pirated artistic works are supposed to be, and to seize and bring them or any books or artistic works reasonably suspected to be pirated books or pirated artistic works before a court of summary jurisdiction.\n\n  \n\n(2.) A court of summary jurisdiction may, on proof that any books or artistic works brought before it in pursuance of this section are pirated books or pirated artistic works, order them to be destroyed or to be delivered up, subject to such conditions, if any, as the court thinks fit, to the owner of the copyright in the book or artistic work.\n\nPower of owner of copyright to require delivery to him of pirated books and works.\n\n53.—(1.) The owner of the copyright in any book or artistic work, or the agent of such owner appointed in writing, may by notice, in accordance with the prescribed form, require any person to deliver up to him any pirated reproduction of the book or work, and every person to whom such notice has been given, and who has any pirated reproduction of the book or work in his possession or power, shall deliver up the pirated reproduction of the book or work in accordance with the notice.\n\nPenalty: Ten pounds.\n\n(2.) A person shall not give any notice in accordance with this section without just cause.\n\nPenalty: Twenty pounds.\n\n(3.) In any prosecution under sub-section (2) of this section the defendant shall be deemed to have given the notice without just cause unless he proves, to the satisfaction of the court at the hearing, that at the time of giving the notice he was the owner of the copyright in the book or artistic work or was the agent of such owner appointed in writing, and had reasonable ground to believe that the person to whom the notice was given had pirated reproductions of the book or work in his possession or power.\n\nPower of owner of performing right to forbid performance in infringement of his right.\n\n54.—(1.) The owner of the performing right in a musical or dramatic work, or the agent of the owner appointed in writing, may, by notice in writing in accordance with the prescribed form, forbid the performance of the musical or dramatic work in infringement of his right, and require any person to refrain from performing or taking part in the performance of the musical or dramatic work, and every person to whom a notice has been given in accordance with this section shall refrain from performing or taking part in the performance of the musical or dramatic work specified in the notice in infringement of the performing right of such owner.\n\nPenalty: Ten pounds.\n\n(2.) A person shall not give any notice in pursuance of this section without just cause.\n\nPenalty: Twenty pounds.\n\n(3.) In any prosecution under sub-section (2) of this section, the defendant shall be deemed to have given the notice without just cause unless he proves, to the satisfaction of the court at the hearing, that at the time of giving the notice he was the owner of the performing right in the musical or dramatic work, or the agent of the owner appointed in writing, and had reasonable ground to believe that the person to whom the notice was given was about to perform or take part in the performance of the musical or dramatic work in infringement of the performing right of the owner.\n\n  \n\nPenalty for false representations in notices.\n\n55. Any person, who in any notice given in pursuance of this Act, makes a representation, which is false in fact and which he knows to be false or does not believe to be true, that he is\n\n(a) the owner of the copyright in any book or artistic work, or\n\n(b) the owner of the performing right in a musical or dramatic work, or\n\n(c) the agent of any such owner,\n\nshall be guilty of an offence against this Act.\n\nPenalty: Two years’ imprisonment.\n\nRequest to police to seize pirated books and works.\n\n56.—(1.) The owner of the copyright in any book or artistic work or the agent of such owner appointed in writing may in accordance with the prescribed form, request that any pirated reproductions of the book or work be seized by the police, and may lodge the request at any police station.\n\n(2.) Any police constable in the town or district in which the police station is situated (whether in the service of the Commonwealth or of a State) may, at any time in the day time within seven days after the request was so lodged, seize all pirated reproductions of the book or work mentioned in the notice, and all reproductions of the book or work which he has reasonable ground to believe are pirated reproductions, found by him in the possession of any person other than the owner of the copyright in the book or work.\n\n(3.) Every police constable who seizes any books or works in pursuance of this section shall forthwith bring all such books or works before a court of summary jurisdiction.\n\n(4.) A court of summary jurisdiction may, on the application of any person interested, make such order for the disposal of the books or works as it thinks just.\n\n(5.) A person shall not lodge any request at any police station in accordance with this section without just cause.\n\nPenalty: Twenty pounds.\n\n(6.) In any prosecution under sub-section (5) of this section the defendant shall be deemed to have lodged the request without just cause unless he proves, to the satisfaction of the court at the hearing, that at the time of lodging the request he was the owner of the copyright in the book or artistic work, or was the agent of such owner appointed in writing and had reasonable ground to believe that pirated reproductions of the book or work were being unlawfully sold, or let for hire, or exposed or offered or kept for sale or hire, or distributed, or exhibited in public, in the town or district in which the police station is situated.\n\nApplication of penalties.\n\n57. Where proceedings for any penalty under this Act are instituted by the owner of the copyright in any book or in any artistic work or by the owner of the artistic work, the penalty shall be paid to him by way of compensation for the injury he has sustained. In any other case the penalty shall be paid to the Consolidated Revenue Fund.\n\n  \n\nAiders and abettors.\n\n58. Whoever aids, abets, counsels, or procures, or by act or omission is in any way, directly or indirectly, knowingly concerned in the commission of any offence against this Act, shall be deemed to have committed that offence, and shall be punishable accordingly.\n\nLimitation of actions in court of summary jurisdiction.\n\n59. Proceedings may be instituted in any court of summary jurisdiction for the recovery of any penalty under this Act, but no such proceedings shall be instituted after the expiration of six months from the date of the offence in respect of which the penalty is imposed.\n\nAppeal from courts of summary jurisdiction.\n\n60. An appeal shall lie from any conviction or order (including any dismissal of any information, complaint, or application) of a court of summary jurisdiction, exercising jurisdiction with respect to any offence or matter under this Act, to the court and in the manner and time provided by the law of the State in which the proceedings were instituted in the case of appeals from courts of summary jurisdiction in that State.\n\nImportation of pirated works.\n\n61.—(1.) The following goods are prohibited to be imported:—\n\n(a) All pirated books in which copyright is subsisting in Australia (whether under this Act or otherwise) : and\n\n(b) All pirated artistic works in which copyright is subsisting in Australia (whether under this Act or otherwise).\n\n(2.) All pirated books and pirated artistic works imported into Australia contrary to this section shall be forfeited and may be seized by any officer of Customs.\n\n(3.) Subject to this Act the provisions of the Customs Act 1901 shall apply to the seizure and forfeiture of pirated books and artistic works under this section to the same extent as if they were prohibited imports under that Act.\n\n(4.) The provisions of this section shall not apply to any book or artistic work unless the owner of the copyright therein or his agent has given written notice to the Minister of the existence of the copyright and of its term.\n\n(5.) A notice given to the Commissioners of Customs of the United Kingdom, by the owner of the copyright or his agent, of the existence of the copyright in a book or artistic work and of its term, and communicated by the said Commissioners to the Minister shall be deemed to have been given by the owner to the Minister.\n\nPART VI.—INTERNATIONAL AND STATE COPYRIGHT.\n\nProtection in Australia of International and State copyright.\n\n62. The owner of any copyright or performing right in any literary, musical, or dramatic work or artistic work entitled to protection in Australia by virtue of any Act of the Parliament of the United Kingdom or entitled to protection in any State by virtue of any State Copyright Act in force at the commencement of this Act shall on obtaining a certificate of the registration of his copyright or performing right under this Part of this Act have the same protection in\n\n  \n\nthe Commonwealth against the infringement of his copyright or performing right as the owner of any copyright or performing right under this Act.\n\nRegistration of international copyright.\n\n63.—(1.) The owner of any copyright or performing right who desires to obtain the benefit of this Part of this Act may, in manner and in accordance with the form prescribed, make application to the Registrar for the registration of his copyright or performing right.\n\n(2.) The Registrar may thereupon, and on being satisfied by proof of the prescribed particulars and on payment of the prescribed fee, register the copyright or performing right and issue to the applicant a certificate of registration in accordance with the prescribed form.\n\nPART VII.—REGISTRATION OF COPYRIGHTS.\n\nCopyright Registers.\n\n64. The following Registers of Copyrights shall be kept by the Registrar at the Copyright Office :—\n\nThe Register of Literary Copyrights.\n\nThe Register of Fine Arts Copyrights.\n\nThe Register of International and State Copyrights.\n\nMethod of registration.\n\n65. The owner of any copyright performing right or lecturing right under this Act may obtain registration of his right in the manner prescribed.\n\nRegistration of assignments and transmissions.\n\n66. When any person becomes entitled to any copyright performing right or lecturing right under this Act by virtue of any assignment or transmission, or to any interest therein by licence, he may obtain registration of the assignment, transmission, or licence in the manner prescribed.\n\nHow registration effected.\n\n67. The registration of any copyright performing right or lecturing right under this Act, or of any assignment or transmission thereof or of any interest therein by licence, shall be effected by entering in the proper register the prescribed particulars relating to the right, assignment, transmission, or licence.\n\nTrusts not registered.\n\n68.—(1.) No notice of any trust expressed, implied, or constructive shall be entered in any Register of Copyrights under this Act or be receivable by the Registrar.\n\n(2.) Subject to this section, equities in respect of any copyright performing right or lecturing right under this Act may be enforced in the same manner as equities in respect of other personal property.\n\nRegister to be evidence.\n\n69. Every Register of Copyrights under this Act shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entry therein or extracts therefrom certified by the Registrar and sealed with the seal of the Copyrights Office shall be admissible in evidence in all Federal or State courts without further proof or production of the originals.\n\n  \n\nCertified copies.\n\n70. Certified copies of entries in any register under this Act or of extracts therefrom shall on payment of the prescribed fee be given to any person applying for them.\n\nInspection of register.\n\n71. Each register under this Act shall be open to public inspection at all convenient times on payment of the prescribed fee.\n\nCorrection of register.\n\n72. The Registrar may, in prescribed cases and subject to the prescribed conditions, amend or alter any register under this Act by –\n\n(a) correcting any error in any name, address, or particular ; and\n\n(b) entering any prescribed memorandum or particular relating to copyright or other right under this Act.\n\nRectification of Register by the Court.\n\n73.—(1.) Subject to this Act the Supreme Court of any State or a Judge thereof may, on the application of the Registrar or of any person aggrieved, order the rectification of any register under this Act by—\n\n(a) the making of any entry wrongly omitted to be made in the register; or\n\n(b) the expunging of any entry wrongly made in or remaining on the register ; or\n\n(c) the correction of any error or defect in the register.\n\n(2.) An appeal shall lie to the High Court from any order for the rectification of any register made by a Supreme Court or a Judge under this section.\n\nOwner cannot sue before registration.\n\n74.—(1.) The owner of any copyright or performing right under this Act or of any interest therein by licence shall not be entitled to bring any action or suit or institute any proceedings for any infringement of the copyright or performing right unless such right or interest has been registered in pursuance of this Act.\n\n(2.) When such right or interest has been registered the owner thereof may, subject to this Act, bring actions or suits or institute proceedings for infringements of the copyright or performing right, whether those infringements happened before or after the registration.\n\n(3.) This section shall not affect the right of the owner of the lecturing right in a lecture to bring actions or suits or institute proceedings for infringements of his lecturing right.\n\nDelivery of books to Registrar.\n\n75.—(1.) Every person applying for the registration of the copyright in any book shall deliver to the Registrar two copies of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the book are published and bound, sewed, or stitched together, and on the best paper on which the book is printed.\n\n(2.) Every person applying for the registration of the copyright in any work of art shall deliver to the Registrar one copy of the work of art or a photograph of it.\n\n  \n\n(3.) The Registrar shall refuse to register the copyright in any book or work of art until sub-sections (1) and (2) of this section have been complied with.\n\n(4.) One copy of each book delivered to the Registrar in pursuance of this section shall be forwarded by him to the librarian of the Parliament, and the other copy shall be retained by the Registrar, until otherwise prescribed.\n\nFalse representation to Registrar.\n\nPatents Act 1903, s. 112.\n\n76. No person shall wilfully make any false statement or representation to deceive the Registrar or any officer in the execution of this Part of this Act, or to procure or influence the doing or omission of any thing in relation to this Part of this Act or any matter thereunder.\n\nPenalty: Three years’ imprisonment\n\nPART VIII.—MISCELLANEOUS.\n\nProvision against suppression of books.\n\n77. If the Governor-General is satisfied that the owner of the copyright in any book, or of the performing right in any dramatic work or musical work, or of the lecturing right in any lecture, has refused, after the death of the author, to republish or allow republication of the book, or the public performance of the dramatic or musical work, or the publication as a book of the lecture, and that by reason thereof the book, dramatic work, musical work, or lecture is withheld from the public, he may grant any person applying for it a licence to republish the book, or to perform the dramatic work, or musical work, or to publish the lecture as a book, in such manner and subject to such conditions as to the Governor-General seem fit.\n\nPower to award Costs.\n\n78. In any action or proceeding taken in any Court under this Act, the Court shall have power to award costs at its discretion.\n\nRegulations.\n\n79. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to this Act, or for the conduct of any business relating to the Copyrights Office.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2242},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This is the original 1905 enactment establishing the federal copyright regime. It represents the baseline scope, replacing colonial legislation rather than expanding an existing federal scheme."},"complexity_factors":["Four distinct categories of works (literary, dramatic/musical, lectures, artistic) with different commencement rules and ownership exceptions","Mandatory pre-litigation registration system requiring physical deposit of copies (s 74)","Transitional provisions transferring administration from State to Commonwealth governments (Part II)","Trifurcated rights system treating copyright, performing rights, and lecturing rights as separate properties (ss 24-25)","Conditional exceptions including the 10-year compulsory translation provision (s 30) and fair dealing carve-outs (s 28)","Interaction with international treaties and prior State copyright laws requiring registration for protection (Part VI)"],"plain_english_summary":"# Copyright Act 1905: Australia's First National Copyright Law\n\nThis Act established Australia's first federal system for protecting creative works, replacing the previous patchwork of State (colonial) laws.\n\n**What it protects:**\n- **Books** (including novels, poems, sheet music, maps, and periodicals): Gives owners exclusive rights to make copies, translations, abridgments, and adaptations into plays (or vice versa).\n- **Performing rights**: For plays and music performed in public—separate from the book copyright.\n- **Lecturing rights**: For public speeches and sermons, though newspapers can report them unless the speaker posts a prohibition notice.\n- **Artistic works**: Paintings, photographs, sculptures, and engravings.\n\n**Key rules:**\n- **Registration required**: Creators must register their work with the federal Copyright Office before they can sue anyone for infringement (a critical step not required in modern law).\n- **Duration**: Protection lasts 42 years, or the author's lifetime plus 7 years, whichever is longer.\n- **Ownership**: Generally the creator owns the rights, but there are exceptions—employers own photos taken by staff; people who commission portraits or photos own the copyright; encyclopedia proprietors own entries written by hired authors.\n- **Fair dealing allowed**: People can make extracts for reviews, criticism, or scientific reporting without permission, and can make translations/abridgments for private use.\n- **Translation loophole**: If no translation is published within 10 years, anyone can apply to the government for permission to make one.\n- **Piracy crackdown**: Selling, importing, or distributing pirated copies can result in fines, seizure, and destruction of the goods.\n\n**Why it matters:** It moved copyright control from the States to the Commonwealth, created the national Copyright Office and Registrar, and defined the basic bargain between creators and the public that still shapes Australian law today."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The text itself sets out the statute's scope (division into Parts, definitions and the specific rights protected in Parts III and IV: ss.3, 13–15, 34). The Act, as provided here, does not record any amendment or redrafting that alters that scope from an earlier instrument within this text. The Act defines which works and rights are covered, how they begin and end, and how State and international protections may be given effect by registration (ss.62–63)."},"complexity_factors":["Multiple distinct rights categories with different starting points and durations (books, performing right, lecturing right, artistic works) (ss.13–17, 34–36).","Registration requirement as a precondition to civil enforcement for most rights (s.74) combined with deposit obligations (s.75) increases procedural complexity.","Detailed enforcement regime mixing civil remedies, criminal penalties, summary jurisdiction processes, search/seizure warrants and customs forfeiture (ss.45–56, 61).","Special ownership rules that shift default authorship to commissioners or employers in particular circumstances (ss.38–40, 41).","Interplay with State law and option to transfer State administration to the Commonwealth by proclamation (s.8, s.12) introduces constitutional/administrative layered interaction.","Registrar and Governor-General have broad prescription and discretion powers (ss.9–12, 72, 79) creating operational variability.","Exceptions and limits (reporting lectures, excluded categories like blasphemy, simultaneous publication rule) add a range of carve-outs to apply in practice (ss.5, 6, 33).","Record-keeping and evidentiary rules (registers as prima facie evidence, rectification by courts) embed procedural steps for dispute resolution (ss.69, 73).","Monetary penalties specified on a per-copy basis and capped per transaction (s.50) create calculational detail for enforcement.","Trusts not entered on the register, requiring equity procedures for some disputes (s.68)."],"plain_english_summary":"What this law does, in plain terms\n\n- It creates a federal system for copyright in Australia and defines the main kinds of rights protected: copyright in books and written works (s.13), performing rights for dramatic and musical works (s.14), lecturing rights for lectures (s.15), and copyright in artistic works such as paintings and photographs (s.34). The Act sets when those rights start (s.16) and how long they last (s.17, s.36).\n\n- It sets default ownership rules: the author is the first owner in most cases (ss.18, 37), but there are specific exceptions where the person who commissioned a work or an employer is treated as the author (portraits and commissioned photographs: ss.38–39; engravings/plates and employee-made instruments: s.40(1)–(2)). Proprietors of encyclopaedias and similar reference works who pay contributors get the copyright (s.21). Joint authors share ownership (s.19).\n\n- The Act makes copyright and related rights transferable property: they can be assigned, licensed, and inherited, but assignments must be written and signed (ss.24–26, 44). The Act treats copyright and the physical object (for example, a painting) as separable property (ss.25, 43).\n\n- It establishes an administrative structure: a Registrar of Copyrights and a Copyright Office (ss.9–11); registers are to be kept for literary, fine art, and international/state copyrights (s.64). The Registrar may register rights, assignments and licences (ss.63, 65–67), amend registers in prescribed cases (s.72), and certified extracts are admissible in court (s.69).\n\n- Registration is functionally important. Except for the lecturing right, an owner cannot sue for infringement unless the right or interest has been registered (s.74). To register a book or work of art the applicant must deliver specified physical copies to the Registrar (s.75). The Registrar may refuse registration until those deposit requirements are met (s.75(3)).\n\n- The Act provides civil remedies and criminal penalties for infringement. Owners can sue for damages, injunctions or the defendant's profits (s.45). There are provisions for damages assessment (s.46), presumptions about title (s.47), and limitation periods for civil actions (two years) and summary penalty proceedings (six months) (ss.48, 59). The Act empowers seizure, forfeiture and destruction of pirated copies and the means used to make them (ss.49–53, 61). It also creates offences for selling, importing or distributing pirated works with specified penalties and per-copy limits (s.50).\n\n- It creates enforcement powers short of litigation: owners or their agents can serve notices to require delivery up of pirated copies (s.53) or forbid performances (s.54); owners may request police to seize suspected pirated copies (s.56). Courts of summary jurisdiction and justices of the peace play roles in warrants, seizure and disposal (s.52). False or knowingly false notices or representations carry criminal penalties, including imprisonment for false ownership claims (s.55) and for false statements to the Registrar (s.76).\n\n- The Act includes special provisions: reporting of lectures in newspapers is allowed unless specifically prohibited by notice (s.33); publication or performance in Australia within 14 days of elsewhere is treated as simultaneous (s.5); blasphemous, indecent, seditious or libellous material is excluded from protection (s.6); trusts are not entered on the register (s.68); and the Governor-General may licence republication or performance where works are being withheld after the author's death (s.77).\n\nWhy it matters (mechanics and incentives)\n\n- Who gains: authors and immediate rightsholders get exclusive economic and control rights (ss.13–15, 34). Those rights permit licensing and generate recoverable remedies on infringement (s.45). International and state-protected copyrights can be given the same federal protection by registration (ss.62–63).\n\n- Who bears costs and burdens: rightsholders who want to enforce their rights must register and meet deposit requirements (s.74, s.75), so enforcement involves administrative cost and procedural compliance. Owners pursuing criminal or summary remedies must collect evidence to satisfy magistrates for warrants and seizures (s.52). Persons dealing in works must take reasonable care to avoid unknowingly handling pirated copies to avoid penalties (s.50, s.51). People who receive enforcement notices or police seizure requests face criminal or monetary penalties if notices are issued without just cause (ss.53(2), 54(2), 56(5)).\n\n- Trade-offs and practical risks:\n  - Registration-as-a-gate: Registration is a precondition to civil enforcement (s.74). That concentrates benefits (enforcement) on those who can meet deposit and registration requirements and delays remedies for others until registration is completed. The Act allows the Registrar discretion to refuse registration until deposits are delivered (s.75(3)).\n  - Administrative discretion and delegated power: The office of Registrar and the Governor-General have discretionary roles (appointments, registers, regulations, rectification orders via courts) (ss.9–12, 72, 73, 79). The Act also permits the Governor-General to transfer State administration to the Commonwealth by proclamation (s.12), which changes which executive authority decides administrative matters. Those delegations create implementation risk and operational discretion.\n  - Creator vs purchaser/employer rules: For commissioned portraits or photographs, and for works made by employees, copyright vests in the person ordering or the employer rather than the individual creator unless contract provides otherwise (ss.38–40). This shifts economic benefit toward persons who commission or employ creators and affects bargaining, pricing and contract terms for freelancers and employees.\n  - Enforcement tools vs civil remedies: The statute combines criminal sanctions, seizure/search powers, summary jurisdiction procedures and civil remedies (ss.45–56, 61). Use of police, magistrates and customs for seizures and forfeitures requires evidentiary thresholds (s.52) and creates procedural steps and potential costs for both owners and defendants.\n  - Public access vs exclusivity: The Act empowers the Governor-General to licence republication or performance where rights are withheld after the author's death (s.77). That is a discretionary mechanism that can override exclusive control to enable public access in defined circumstances.\n\nConcrete compliance points (examples)\n\n- To sue in civil court for infringement of most rights, register the right and deliver required copies to the Registrar (s.74, s.75).\n- If you commission a portrait or photograph, expect copyright to go to the commissioner unless your contract says otherwise (ss.38–39).\n- If you are an owner and suspect piracy, you can apply to a Justice for a warrant for seizure or search (s.52), serve notices to compel delivery (s.53), or lodge a police seizure request (s.56), but misuse of these tools can expose you to penalties (ss.53(2), 54(2), 56(5)).\n\nKey statutory citations for the main mechanics: definitions and types of rights (ss.4, 13–15, 34), commencement and term (ss.16–17, 36), ownership rules and assignments (ss.18–26, 37–44), registration and deposits (ss.63–75), remedies and enforcement (ss.45–56, 61), administrative structure and powers (ss.9–12, 72–73, 79)."}},"importantCases":[],"_links":{"self":"/api/acts/copyright-act-1905","history":"/api/acts/copyright-act-1905/history","analysis":"/api/acts/copyright-act-1905/analysis","conflicts":"/api/acts/copyright-act-1905/conflicts","importantCases":"/api/acts/copyright-act-1905/important-cases","documents":"/api/acts/copyright-act-1905/documents"}}