{"id":"F1996B01583","name":"Copyright (International Protection) Regulations 1969","slug":"copyright-international-protection-regulations-1969","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"60 of 1969","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29113,"registerId":"commonwealth-F1996B01583-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulations","content":"#### 1 Name of regulations\n\n  These regulations are the Copyright (International Protection) Regulations 1969.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Authority","content":"#### 2 Authority\n\n  These regulations are made under the Copyright Act 1968.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) broadcast;\n    (b) cinematograph film;\n    (c) sound broadcast;\n    (d) sound recording;\n    (e) television broadcast;\n    (f) work.\n  (1) In these Regulations:\n\n> amending Regulations means the Copyright (International Protection) Amendment Regulations 2003 (No. 1).\n\n> at a material time means:\n\n    (a) in relation to, or in relation to the application of the Act in respect of, a work or subject matter other than a work that is unpublished:\n    (i) at the time when the work or subject‑matter other than a work was made; or\n    (ii) if the making of the work or subject‑matter other than a work extended over a period—over a substantial part of that period; and\n    (b) in relation to, or in relation to the application of the Act in respect of, a work or subject‑matter other than a work that has been published—at the time when the work or subject‑matter other than a work was first published; and\n    (c) in relation to a sound broadcast or a television broadcast—the time when that broadcast was made; and\n    (d) in relation to a performance—the time when the performance was given.\n\n> Australian retransmission means a retransmission of a television broadcast:\n\n    (a) over the Internet; and\n    (b) made from a place in Australia.\n\n> Australian television broadcast means a television broadcast mentioned in section 91 of the Act.\n\n> Berne Convention country:\n\n    (a) means a foreign country that is a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 (the Berne Convention); and\n    (b) if application of the Berne Convention is extended, in accordance with international law, to a territory (however described) of the foreign country—includes that territory.\n\n> Note 1: For information as to which countries are parties to the Berne Convention, see, for example, the World Intellectual Property Organization website at www.wipo.int.\n\n> Note 2: For the application of these Regulations, before the commencement of the amending Regulations, to a territory of a foreign country, see subregulation 3(4) before its repeal by the amending Regulations.\n\n> broadcaster, for an encoded broadcast, has the meaning given by section 135AL of the Act.\n\n> encoded broadcast has the meaning given by section 135AL of the Act.\n\n> foreign country means a country other than Australia.\n\n> foreign encoded broadcast: see subregulation 4(7C).\n\n> performance means a performance of a kind referred to in paragraph (a), (b), (c), (d) or (e) of the definition of performance in subsection 248A(1) of the Act but does not include a performance of a kind referred to in subsection 248A(2) of the Act.\n\n> relevant broadcaster, in relation to a sound broadcast or a television broadcast, means a person who:\n\n    (a) is entitled, under the law of the country from which the sound broadcast or television broadcast is made, to make that sound broadcast or television broadcast; and\n    (b) is, at a material time:\n    (i) a citizen or national of that country; or\n    (ii) a person resident in, or a body corporate that has its headquarters in, that country.\n\n> Rome Convention country:\n\n    (a) means a foreign country that is a party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961 (the Rome Convention); and\n    (b) if application of the Rome Convention is extended, in accordance with international law, to a territory (however described) of the foreign country—includes that territory.\n\n> Note 1: For information as to which countries are parties to the Rome Convention, see, for example, the World Intellectual Property Organization website at www.wipo.int.\n\n> Note 2: For the application of these Regulations, before the commencement of the amending Regulations, to a territory of a foreign country, see subregulation 3(4) before its repeal by the amending Regulations.\n\n> Schedule 3 country:\n\n    (a) means a country that is specified in Schedule 3 as a country that provides rights for secondary uses of sound recordings; and\n    (b) if a territory (however described) of the country also provides those rights—includes that territory.\n\n> Note: For the application of these Regulations, before the commencement of the amending Regulations, to a territory of a foreign country, see subregulation 3(4) before its repeal by the amending Regulations.\n\n> subject‑matter other than a work means any of the following:\n\n    (a) a published edition of a work or works;\n    (b) a sound recording;\n    (c) a cinematograph film;\n    (d) a sound broadcast;\n    (e) a television broadcast.\n\n> the Act means the Copyright Act 1968.\n\n> UCC country:\n\n    (a) means a foreign country that:\n    (i) is a party to the Universal Copyright Convention; and\n    (ii) is neither a Berne Convention country nor a WTO country; and\n    (b) if application of the Universal Copyright Convention is extended, in accordance with international law, to a territory (however described) of the foreign country—includes that territory.\n\n> Note 1: For information as to which countries are parties to the Universal Copyright Convention, see, for example, the United Nations Educational, Scientific and Cultural Organization website at www.unesco.org.\n\n> Note 2: For the application of these Regulations, before the commencement of the amending Regulations, to a territory of a foreign country, see subregulation 3(4) before its repeal by the amending Regulations.\n\n> Universal Copyright Convention means the Universal Copyright Convention concluded at Geneva on 6 September 1952.\n\n> US television broadcast means a television broadcast made from a place in the United States of America, at a material time, by a relevant broadcaster.\n\n> WCT country means a foreign country that is a party to the WIPO Copyright Treaty concluded at Geneva on 20 December 1996.\n\n> Note: For information as to which countries are parties to the WIPO Copyright Treaty, see, for example, the World Intellectual Property Organization website at www.wipo.int.\n\n> WPPT country means a foreign country that is a party to the WIPO Performances and Phonograms Treaty concluded at Geneva on 20 December 1996.\n\n> Note: For information as to which countries are parties to the WIPO Performances and Phonograms Treaty, see, for example, the World Intellectual Property Organization website at www.wipo.int.\n\n> WTO country:\n\n    (a) means a foreign country (including a separate customs territory) that is a member of the World Trade Organization; and\n    (b) if the foreign country’s membership in the World Trade Organization is extended, in accordance with international law, to include a territory (however described) of the foreign country—includes that territory.\n\n> Note 1: For information as to which countries are members of the World Trade Organization, see, for example, the World Trade Organization website at www.wto.org.\n\n> Note 2: For the application of these Regulations, before the commencement of the amending Regulations, to a territory of a foreign country, see subregulation 3(4) before its repeal by the amending Regulations.\n\n  (3) Without limiting the application in relation to these Regulations of paragraph 46(1)(a) of the Acts Interpretation Act 1901, an expression used in any of these Regulations that:\n    (a) is also used in a section of the Act for the purposes of which, or of a provision of which, that regulation is made; and\n    (b) has, in that section, a defined or other specified meaning;\n  has the same meaning in that regulation.\n  (5) For the purposes of these Regulations, protection in the nature of copyright shall be deemed to be conferred in relation to a work or subject‑matter other than a work under the law of a country other than Australia if that law confers on the person entitled to the protection the exclusive right to do in that country in relation to the work or subject‑matter other than a work any one or more of the acts that are comprised in the copyright in the work or subject‑matter other than a work under the Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Act to works and subject‑matter other than a work","content":"## Part 2—Application of Act to works and subject‑matter other than a work","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Protection—application of the Act (other than Part XIA) to specified foreign countries","content":"#### 4 Protection—application of the Act (other than Part XIA) to specified foreign countries\n\n  Scope\n  (1AA) For the purposes of section 184 of the Act, this regulation applies certain provisions of the Act (other than Part XIA of the Act (performers’ protection)) in relation to the foreign countries specified in this regulation, subject to the exceptions and modifications specified in this regulation.\n  Work, and subject‑matter other than a work, made or first published in a foreign country\n  (1) Subject to these Regulations, a provision of the Act that applies in relation to a literary, dramatic, musical or artistic work or edition first published, or a sound recording or cinematograph film made or first published, in Australia (an Australian work or subject‑matter) applies in relation to a literary, dramatic, musical or artistic work or edition first published, or a sound recording or cinematograph film made or first published, in a Berne Convention country, a Rome Convention country, a UCC country, a WCT country, a WPPT country or a WTO country (a foreign work or subject‑matter):\n    (a) in the same way as the provision applies, under the Act, in relation to an Australian work or subject‑matter; and\n    (b) as if the foreign work or subject‑matter were made or first published in Australia.\n  Live performance incorporated in a sound recording and having connection with a foreign country\n  (1A) For subregulation (1), and subject to subregulation (1B), a reference to a sound recording made or first published in a WPPT country is taken to include a reference to a sound recording (wherever made), incorporating a live performance given in a WPPT country.\n  (1B) Subregulation (1A) applies only in relation to a person who is:\n    (a) a maker of the sound recording; and\n    (b) a performer in the performance.\n  Artistic work that is a building, or is attached to or forms part of a building, in a foreign country\n  (2) Subject to these Regulations, a provision of the Act that applies in relation to an artistic work that is a building (or that is attached to, or forms part of, a building) situated in Australia (an Australian artistic work) applies in relation to an artistic work that is a building (or that is attached to, or forms part of, a building) situated in a Berne Convention country, a UCC country, a WCT country or a WTO country (a foreign artistic work):\n    (a) in the same way as the provision applies, under the Act, in relation to an Australian artistic work; and\n    (b) as if the foreign artistic work were situated in Australia.\n  Work and subject‑matter other than a work—citizen or national of a foreign country\n  (3) Subject to these Regulations, a provision of the Act relating to a work or subject‑matter other than a work that applies in relation to a person who, at a material time, is an Australian citizen applies in relation to a person who, at a material time, is a citizen or national of a Berne Convention country, a Rome Convention country, a UCC country, a WCT country, a WPPT country or a WTO country (a foreign citizen):\n    (a) in the same way as the provision applies, under the Act, in relation to an Australian citizen; and\n    (b) as if the foreign citizen were an Australian citizen.\n  Work and subject‑matter other than a work—person resident in a foreign country\n  (4) Subject to these Regulations, a provision of the Act relating to a work or subject‑matter other than a work that applies in relation to a person who, at a material time, is resident in Australia (an Australian resident) applies in relation to a person who, at a material time, is resident in a Berne Convention country, a Rome Convention country, a UCC country, a WCT country, a WPPT country or a WTO country (a foreign resident):\n    (a) in the same way as the provision applies, under the Act, in relation to an Australian resident; and\n    (b) as if the foreign resident were an Australian resident.\n  Work and subject‑matter other than a work—body incorporated under the law of a foreign country\n  (5) Subject to these Regulations, a provision of the Act relating to a work or subject‑matter other than a work that applies in relation to a body incorporated, at a material time, under the law of the Commonwealth or of a State (an Australian body corporate) applies in relation to a body incorporated, at a material time, under the law of a Berne Convention country, a Rome Convention country, a UCC country, a WCT country, a WPPT country or a WTO country (a foreign body corporate):\n    (a) in the same way as the provision applies, under the Act, in relation to an Australian body corporate; and\n    (b) as if the foreign body corporate were an Australian body corporate.\n  Sound broadcast or television broadcast made from a place in a foreign country\n  (6) Subject to these Regulations, a provision of the Act that applies in relation to a sound broadcast, or a television broadcast, referred to in section 91 of the Act (an Australian broadcast) applies in relation to a sound broadcast, or a television broadcast, made at a material time by a relevant broadcaster from a place in a Rome Convention country (a foreign broadcast):\n    (a) in the same way as the provision applies, under the Act, in relation to an Australian broadcast; and\n    (b) as if the foreign broadcast were an Australian broadcast.\n  Broadcasts made before 1 January 1992\n  (7) Copyright does not, under subregulation (6), subsist in Australia in a sound broadcast or a television broadcast made from a place outside Australia before 1 January 1992.\n  Australian retransmission of US television broadcasts\n  (7A) Subject to these Regulations, a provision of the Act that applies to an Australian retransmission of an Australian television broadcast applies in relation to an Australian retransmission of a US television broadcast:\n    (a) in the same way as the provision applies, under the Act, in relation to an Australian retransmission of an Australian television broadcast; and\n    (b) as if the US television broadcast were an Australian television broadcast.\n  Encoded broadcasts made from Malaysia and the United States of America\n  (7B) Subject to these Regulations, a provision of Part VAA of the Act that applies to an encoded broadcast made from a place in Australia (an Australian encoded broadcast) applies in relation to a foreign encoded broadcast:\n    (a) in the same way as the provision applies, under the Act, in relation to an Australian encoded broadcast; and\n    (b) as if the foreign encoded broadcast were an Australian encoded broadcast.\n  (7C) A foreign encoded broadcast is an encoded broadcast made at a material time by a broadcaster if:\n    (a) the broadcast is made from a place in:\n    (i) Malaysia; or\n    (ii) the United States of America; and\n    (b) the broadcaster:\n    (i) is entitled, under the law of the country from which the broadcast is made, to make that broadcast; and\n    (ii) is, at the material time, a citizen or national of that country, or a person resident in, or a body corporate that has its headquarters in, that country.\n  (7D) For the purposes of paragraph 184(3)(a) of the Act, the following international agreements are specified:\n    (a) in relation to the application of a provision of Part VAA of the Act to a broadcast made from a place in Malaysia—the Malaysia‑Australia Free Trade Agreement, done at Kuala Lumpur on 22 May 2012;\n    (b) in relation to the application of a provision of Part VAA of the Act to a broadcast made from a place in the United States of America—the Australia‑United States Free Trade Agreement done at Washington DC on 18 May 2004.\n\n> Note: In 2018, the text of these Agreements was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n  Modification of Act\n  (8) To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Copyright not to subsist in overseas editions in certain cases","content":"#### 5 Copyright not to subsist in overseas editions in certain cases\n\n  (1) Copyright that, under the Act, subsists in a published edition of a work or works by reason only of the operation of these Regulations subsists only so long as protection in the nature of copyright subsists in relation to the edition under the law of a relevant country.\n  (2) In this regulation:\n\n> relevant country means a Berne Convention country, a UCC country, a WCT country or a WTO country:\n\n    (a) in which the edition was first published; or\n    (b) of which the publisher of the edition was a citizen or national at a material time; or\n    (c) in which the publisher, being an individual, was resident at a material time; or\n    (d) under the law of which the publisher, being a body corporate, was incorporated at a material time.\n  (3) To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Copyright in certain sound recordings may include right to cause the recording to be heard in public","content":"#### 6 Copyright in certain sound recordings may include right to cause the recording to be heard in public\n\n  (1) This regulation applies to a published sound recording if:\n    (a) under the Act, copyright subsists in the recording by reason only of the operation of these Regulations, or the operation of these Regulations and subsection 89(3) of the Act; and\n    (b) either:\n    (i) the recording has been published in Australia; or\n    (ii) a period of 7 weeks has elapsed from the date of the first publication of the recording.\n\n> Note: A sound recording first published in a foreign country could, under subsection 29(5) of the Act, be a sound recording that is taken to be first published in Australia, to which subsection 89(3) of the Act applies.\n\n  (2) Copyright that subsists in the recording includes the exclusive right to cause the recording to be heard in public, only if:\n    (a) the maker of the recording was, at the time when the recording was made:\n    (i) a citizen or national of a Schedule 3 country; or\n    (ii) a person resident in, or a body corporate incorporated under the law of, a Schedule 3 country; or\n    (b) the recording was made in a Schedule 3 country.\n  (3) The application of section 105 of the Act by these Regulations is modified by the operation of this regulation.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Copyright in certain sound recordings may include right to broadcast the recording","content":"#### 7 Copyright in certain sound recordings may include right to broadcast the recording\n\n  (1) This regulation applies to a published sound recording if:\n    (a) under the Act, copyright subsists in the recording by reason only of the operation of these Regulations, or the operation of these Regulations and subsection 89(3) of the Act; and\n    (b) either:\n    (i) the recording has been published in Australia; or\n    (ii) a period of 7 weeks has elapsed from the date of the first publication of the recording and the recording is not a performance‑related recording.\n\n> Note: A sound recording first published in a foreign country could, under subsection 29(5) of the Act, be a sound recording that is taken to be first published in Australia, to which subsection 89(3) of the Act applies.\n\n  (2) Copyright that subsists in the recording includes the exclusive right to broadcast the recording, only if:\n    (a) the maker of the recording was, at the time when the recording was made:\n    (i) a citizen or national of a Schedule 3 country; or\n    (ii) a person resident in, or a body corporate incorporated under the law of, a Schedule 3 country; or\n    (b) the recording was made in a Schedule 3 country.\n  (3) For this regulation, a recording is a performance‑related recording if:\n    (a) the recording consists of, or includes, a musical work in which copyright subsists; and\n    (b) the musical work:\n    (i) was made for the purpose of being performed, or has been performed, in association with a dramatic work; or\n    (ii) has been included in a cinematograph film; and\n    (c) recordings of the musical work have not been supplied (whether by sale or otherwise) to the public in Australia.\n  (4) For paragraph (3)(c), a supply of recordings of a musical work is disregarded if the supply was done otherwise than by, or with the licence of, the owner of the copyright in the work.\n  (5) The application of section 105 of the Act by these Regulations is modified by the operation of this regulation.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application of Act to performances","content":"## Part 3—Application of Act to performances","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Protection—application of Part XIA of the Act to specified foreign countries","content":"#### 8 Protection—application of Part XIA of the Act to specified foreign countries\n\n  Scope\n  (1A) For the purposes of section 248U of the Act, this regulation applies certain provisions of Part XIA of the Act (performers’ protection) in relation to the foreign countries specified in this regulation, subject to the exceptions and modifications specified in this regulation.\n  Definitions\n  (1) In this regulation:\n\n> applicable provision, in relation to a participating country, means:\n\n    (a) if the participating country is a WTO country or a WPPT country but not a Rome Convention country—a provision of Part XIA of the Act relating to sound recordings, or communication to the public of live performances; and\n    (b) in any other case—each provision of Part XIA of the Act.\n\n> participating country means:\n\n    (a) a Rome Convention country; or\n    (b) a WPPT country; or\n    (c) a WTO country.\n  Performance given in a foreign country\n  (2) An applicable provision applies in relation to a performance given in a participating country (a foreign performance):\n    (a) in the same way as the provision applies, under the Act, in relation to a performance given in Australia; and\n    (b) as if the foreign performance were given in Australia.\n  Sound recording made in a foreign country of a performance\n  (2A) An applicable provision applies in relation to a sound recording, made in a participating country (a foreign sound recording), of a performance:\n    (a) in the same way as the provision applies, under the Act, in relation to a sound recording of a performance given in Australia; and\n    (b) as if the foreign sound recording were made in Australia.\n  Broadcast made in a foreign country of a performance\n  (2B) An applicable provision applies in relation to a broadcast, made by a relevant broadcaster from a place in a participating country (a foreign broadcast), of a performance:\n    (a) in the same way as the provision applies, under the Act, in relation to a broadcast of a performance given in Australia; and\n    (b) as if the foreign broadcast were made in Australia.\n  Sound recording made by a citizen, national or resident of a foreign country of a performance\n  (2C) An applicable provision applies in relation to a sound recording, made by a person who is a citizen, national or resident of a participating country (a foreign person), of a performance:\n    (a) in the same way as the provision applies, under the Act, in relation to a sound recording of a performance given in Australia; and\n    (b) as if the foreign person were an Australian citizen or resident.\n  Citizen or national of a foreign country\n  (3) An applicable provision applies in relation to a person who, at a material time, is a citizen or national of a participating country (a foreign citizen):\n    (a) in the same way as the provision applies, under the Act, in relation to a person who, at a material time, is an Australian citizen; and\n    (b) as if the foreign citizen were an Australian citizen.\n  Person resident in a foreign country\n  (4) An applicable provision applies in relation to a person who, at a material time, is resident in a participating country (a foreign resident):\n    (a) in the same way as the provision applies, under the Act, in relation to a person who, at a material time, is resident in Australia; and\n    (b) as if the foreign resident were resident in Australia.\n  Performance given before 2 January 1992\n  (6) Subject to subregulation (7), no rights arising under this regulation subsist in Australia in relation to a performance given before 2 January 1992 if the performance relates to a Rome Convention country.\n  (7) Subregulation (6) does not apply if:\n    (a) the country is also a WTO country or a WPPT country; and\n    (b) the rights arising under this regulation are in relation to a provision of Part XIA of the Act relating to sound recordings, or communication to the public of live performances.\n  Modification of Act\n  (8) To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Application, savings and transitional provisions","content":"## Part 4—Application, savings and transitional provisions","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Works made before 1 July 1912","content":"#### 9 Works made before 1 July 1912\n\n  (1) This regulation applies to a work that was made before 1 July 1912 if:\n    (a) the work was first published or performed in a country that is a Berne Convention country, a WCT country or a WTO country; or\n    (b) the author of the work was, at a material time, a citizen or national of, or resident in, a country that is a Berne Convention country, a WCT country or a WTO country.\n  (2) Division 5 of Part XI of the Act applies to the work as if:\n    (a) for the purpose of determining whether a right (existing right) subsisted immediately before the commencement of the Copyright Act, 1911:\n    (i) the work was first published or performed in Australia; or\n    (ii) the author of the work was, at a material time, an Australian citizen or resident in Australia; and\n    (b) any right that, by virtue of section 24 of the Copyright Act, 1911, would have been conferred in place of any existing right were a right conferred by the Copyright Act, 1911.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Works first published before 1 May 1969","content":"#### 10 Works first published before 1 May 1969\n\n  (1) This regulation applies to a work that was first published, before the commencement of the Act, in a country that is a Berne Convention country, a WCT country or a WTO country.\n  (2) Section 210 of the Act applies to the work as if, for the purpose of determining whether copyright subsisted under the Copyright Act, 1911, the work was first published in Australia.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Sound recording made before 1 May 1969—UCC countries","content":"#### 11 Sound recording made before 1 May 1969—UCC countries\n\n  (1) This regulation applies to a sound recording in which copyright subsists, under the Act, by reason only of either, or both, of the following:\n    (a) the maker of the sound recording having been, at the time when the recording was made:\n    (i) a citizen or national of a country that is a UCC country; or\n    (ii) a person resident in, or a body corporate incorporated under the law of, a country that is a UCC country;\n    (b) the first publication of the recording having taken place in a country that is a UCC country.\n  (2) Section 89 of the Act, as applied by regulation 4, does not apply to the sound recording if the recording was made before 1 May 1969.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Published works etc relating to post‑1969 UCC countries","content":"#### 12 Published works etc relating to post‑1969 UCC countries\n\n  (1) This regulation applies to:\n    (a) a literary, dramatic, musical or artistic work or edition that was first published in a country that is a post‑1969 UCC country; and\n    (b) a published sound recording or a published cinematograph film that was made or first published in a country that is a post‑1969 UCC country; and\n    (c) a published artistic work that is a building (or that is attached to, or forms part of, a building) situated in a post‑1969 UCC country; and\n    (d) a published work the author of which, an edition the publisher of which, or a published sound recording or a published cinematograph film the maker of which, was at a material time:\n    (i) a citizen or national of a country that is a post‑1969 UCC country; or\n    (ii) a person resident in, or a body corporate incorporated under the law of, a country that is a post‑1969 UCC country.\n  (2) Copyright that, under the Act, subsists in a work, edition, recording or film by reason of the operation of these Regulations does not subsist in a work, edition, recording or film mentioned in subregulation (1), if the work, edition, recording or film was first published before the day on which the country became a party to the Universal Copyright Convention.\n  (3) In this regulation:\n\n> post‑1969 UCC country means a UCC country that became a party to the Universal Copyright Convention after 1 May 1969.\n\n  (4) To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Action taken in relation to works etc before a foreign country becomes a country to which these Regulations apply","content":"#### 13 Action taken in relation to works etc before a foreign country becomes a country to which these Regulations apply\n\n  (1) This regulation applies if:\n    (a) a person (the affected person) has taken any action in relation to a work, a subject‑matter other than a work or a performance at any time before the date of a relevant event; and\n    (b) the affected person has, because of the action, incurred expenditure or liability; and\n    (c) either:\n    (i) the action, being a use of the work, subject‑matter or performance, was at the time lawful; or\n    (ii) the action was taken for the purpose of, or with a view to, a use of the work, subject‑matter or performance at a time when the use would, but for the relevant event, have been lawful.\n  (2) The affected person continues to be entitled to any right and interest, arising in connection with the action, that is subsisting and valuable immediately before the date of the relevant event, unless the exclusive right holder has agreed to pay reasonable compensation to the affected person.\n  (3) In this regulation:\n\n> convention country means:\n\n    (a) a Berne Convention country; or\n    (b) a UCC country; or\n    (c) a Rome Convention country; or\n    (d) a WCT country; or\n    (e) a WPPT country; or\n    (f) a WTO country.\n\n> exclusive right holder means the person who, as a result of the relevant event, has the exclusive right over the use of the work, subject‑matter or performance.\n\n> relevant event means:\n\n    (a) the commencement of the amending Regulations; or\n    (b) after that commencement, an event that results in a foreign country (or a territory of a foreign country) becoming a convention country in relation to which these Regulations apply in relation to the work, subject‑matter or performance.\n  (4) To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified.\n  (5) Despite subregulation (4), subregulation (2) applies subject to section 248QA of the Act as applied by these Regulations.\n\n> Note: A person of the kind described in subregulation (1) who took an action described in that subregulation may, if regulation 11, 12 or 13 of these Regulations (as in force before the commencement of the amending Regulations) applied to the person, continue, in the absence of reasonable compensation, to be entitled, under that regulation, to a right or interest arising in connection with the action.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Saving","content":"#### 14 Saving\n\n  Nothing in regulation 13 affects any right or interest preserved, or liability arising, under any of regulations 11, 12 and 13 as in force before the commencement of the amending Regulations.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Amendments made by the Copyright (International Protection) Amendment Regulations 2018","content":"#### 15 Amendments made by the Copyright (International Protection) Amendment Regulations 2018\n\n  (1) The repeal of subregulation 4(7B) of these Regulations and its substitution with new subregulations 4(7B), (7C) and (7D) made by Part 1 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2018 applies in relation to a foreign encoded broadcast made on or after the commencement of this regulation.\n  (2) The repeal and substitution of Schedule 3 to these regulations made by Part 2 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2018 applies in relation to:\n    (a) a recording heard in public on or after 1 January 2019; and\n    (b) a broadcast made on or after 1 January 2019.\n\n> Note: Part 2 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2018 commences on 1 January 2019.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Amendments made by the Copyright (International Protection) Amendment Regulations 2022","content":"#### 16 Amendments made by the Copyright (International Protection) Amendment Regulations 2022\n\n  The amendments of Schedule 3 to these regulations made by Part 1 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2022 apply in relation to:\n    (a) a recording heard in public on or after 1 January 2023; and\n    (b) a broadcast made on or after 1 January 2023.\n\n> Note: Part 1 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2022 commences on 1 January 2023.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Amendments made by the Copyright (International Protection) Amendment Regulations 2024","content":"#### 17 Amendments made by the Copyright (International Protection) Amendment Regulations 2024\n\n  The amendments of Schedule 3 to these regulations made by Part 1 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2024 apply in relation to:\n    (a) a recording heard in public on or after 1 January 2025; and\n    (b) a broadcast made on or after 1 January 2025.\n\n> Note: Part 1 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2024 commences on 1 January 2025.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Amendments made by the Copyright (International Protection) Amendment Regulations 2025","content":"#### 18 Amendments made by the Copyright (International Protection) Amendment Regulations 2025\n\n  The amendments of Schedule 3 to these Regulations made by Part 1 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2025 apply in relation to:\n    (a) a recording heard in public on or after 1 January 2026; and\n    (b) a broadcast made on or after 1 January 2026.\n\n> Note: Part 1 of Schedule 1 to the Copyright (International Protection) Amendment Regulations 2025 commences on 1 January 2026.","sortOrder":21}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1969 to implement basic international copyright obligations (primarily Berne and Universal Copyright Convention), the legislation has expanded significantly through amendments. The 2003 'amending Regulations' introduced WTO and WIPO treaty obligations (TRIPS, WCT, WPPT). Later amendments added specific free trade agreement provisions (US FTA 2004, Malaysia FTA 2012), encoded broadcast protections, and annual updates to Schedule 3 countries for sound recording rights (2018, 2022, 2024, 2025). The scope has grown from simple copyright recognition to include performers' rights, broadcast retransmission, digital rights management, and trade agreement implementation."},"complexity_factors":["Multiple overlapping treaty categories (Berne, Rome, UCC, WCT, WPPT, WTO) with different protection levels","Extensive defined terms (25+ definitions in section 3 alone) including nested definitions like 'at a material time'","Temporal cut-offs and transitional provisions spanning from 1912 to 2026","Conditional logic with multiple limbs – e.g., regulation 4 has 8 subsections with parallel structures but different conditions","Cross-references to the Copyright Act 1968 and multiple international agreements","Modification clauses stating regulations override the Act where inconsistent","Savings provisions preserving rights under earlier versions of the regulations","Schedule 3 countries requiring separate lookup (not included in text) for sound recording rights"],"plain_english_summary":"This legislation extends Australian copyright protection to creative works and performances from overseas. It essentially says: if you create something in a country that Australia has a copyright agreement with (like the US, UK, Japan, etc.), or if you're a citizen of such a country, your work gets the same legal protection in Australia as if you'd made it here.\n\n**What it covers:**\n- **Books, music, films, art** – created or published in countries that are part of international copyright treaties (Berne Convention, Rome Convention, WTO agreements, etc.)\n- **Sound recordings and broadcasts** – including radio and TV programs from overseas\n- **Live performances** – by musicians, actors, dancers from treaty countries\n- **Special cases** – like internet retransmissions of US TV shows and encrypted satellite broadcasts from Malaysia and the US\n\n**Key rules:**\n- The protection applies as if the foreign work was made in Australia\n- There are cut-off dates – for example, foreign TV broadcasts made before 1992 don't get protection\n- Some countries only get partial protection depending on what treaties they've signed\n- If you invested money in using a work *before* its country joined the treaty, you can keep using it unless the copyright owner pays you fair compensation\n\n**Why it matters:**\nThis ensures Australian creators get protection overseas (reciprocity) and prevents Australia from being a 'free-for-all' where foreign movies, music, and books can be copied without permission. It updates automatically as new countries join international treaties or as Australia signs new trade deals."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"These Regulations, as drafted, extend the substantive reach of the Copyright Act to specified categories of foreign works, broadcasts and performances by treating them as if they were Australian for purposes of particular Act provisions (reg 4; reg 8). Over time the scope has been adjusted by amendment: for example, encoded-broadcast treatment was updated to identify foreign encoded broadcasts from Malaysia and the United States and to specify relevant international agreements (reg 4(7B)–(7D); reg 15), and Schedule 3 (which determines when certain foreign sound recordings include public‑performance or broadcast rights) has been subject to staged amendments with future‑dated application windows (regs 15–18). Other changes and transitional rules alter which older works and recordings gain protection (regs 9–12, reg 13). Those amendments alter who is covered, when coverage starts, and what exclusive rights are recognized in Australia."},"complexity_factors":["Extensive cross-references to the Copyright Act (multiple parts including Part VAA and Part XIA) and to international conventions (Berne, Rome, UCC, WCT, WPPT, WTO) (reg 3; reg 4; reg 8).","Many technical definitions and the controlling ‘‘material time’’ test that affect application (reg 3).","Country- and territory-specific rules (Berne/Rome/UCC/WCT/WPPT/WTO/Schedule 3) that require factual determinations about nationality, residence, place of making and first publication (reg 4(1)–(7C); regs 6–7).","Multiple exceptions and historical cut-offs (for example, broadcasts before 1 January 1992; performances before 2 January 1992) which create temporal complexity (reg 4(7); reg 8(6)–(7)).","Transitional and savings provisions protecting prior lawful acts and setting compensation rules (reg 11–14), increasing legal and factual inquiry for affected parties.","Phased and retrospective amendment mechanics (listed by year: 2003, 2018, 2022, 2024, 2025) that change applicability dates and Schedule contents (regs 15–18).","Deeming and modification clauses that alter how the Act applies and explicitly modify the Act where inconsistent, producing interpretative complexity for courts and administrators (reg 4(8); reg 8(8))."],"plain_english_summary":"## What these regulations do, in plain terms\n\n- These Regulations tell when and how the Australian Copyright Act 1968 is to be treated as if foreign works, broadcasts, performances and recordings were Australian for copyright purposes (see regulation 4 and regulation 8). They operate by listing categories of foreign countries and defining circumstances under which specified parts of the Act apply to works or performances connected with those countries (reg 4(1)–(7C); reg 8(2)–(4)).\n\n- Practically, the Regulations:\n  - Treat works first published or made in specified foreign countries (for example, Berne, Rome, UCC, WCT, WPPT and WTO countries) as if they were made or first published in Australia so many provisions of the Act apply (reg 4(1)–(5)).\n  - Treat certain broadcasts and encoded broadcasts made from specified countries as if made in Australia (reg 4(6), (7A), (7B)–(7C)). The Regulations explicitly identify international agreements relevant to encoded broadcasts from Malaysia and the United States (reg 4(7D)).\n  - Apply performers’ protection (Part XIA) to performances, sound recordings of performances, and broadcasts of performances given or made in participating countries (Rome, WPPT or WTO countries) — subject to limits and exceptions (reg 8(2)–(4), (2A)–(2C), (6)–(7)).\n  - Make special rules about whether copyright in certain overseas published editions or older works subsists in Australia, and about when copyright in foreign sound recordings includes the right to cause the recording to be heard in public or to broadcast it (regs 5–7, 9–12).\n  - Provide transitional protections for people who lawfully used works or otherwise acted before a foreign country became covered by these Regulations, preserving some existing rights or requiring compensation in specified cases (reg 13).\n\n## Who this affects\n\n- Rights-holders in the listed foreign countries: their works, recordings, broadcasts and performances may receive protection in Australia on the same terms as domestic works (reg 4, reg 8).\n- Users in Australia (businesses, broadcasters, venues, online services, individual users): activities involving such foreign works that would be lawful absent these Regulations may become subject to Australian copyright rules — meaning licensing, takedown, or other permissions could now be required (reg 4(1), reg 8(2)).\n- Intermediaries and broadcasters: the Regulations specify when retransmissions and encoded broadcasts are treated as Australian transmissions (reg 4(7A), (7B)–(7C)), affecting licensing and compliance obligations.\n- Persons who made investments or used works lawfully before a country became covered: transitional rules preserve some entitlements unless the exclusive right holder pays reasonable compensation (reg 13(1)–(3)).\n\n## Why it matters (official purpose-claims and the practical mechanics)\n\n- Officially, the Regulations implement Australia’s international obligations by extending Australian protection to eligible foreign works and performances (see reg 4 and reg 8). Mechanically, they do this by deeming specified foreign works/performances/broadcasts to be ‘‘as if’’ Australian so the relevant provisions of the Copyright Act apply (reg 4(1)(b), reg 8(2)(b)).\n\n- Costs, incentives and trade-offs to watch for:\n  - Who receives the benefit: foreign rights‑holders whose works meet the criteria obtain protection enforceable in Australia (reg 4(1), reg 8(3)). These are concentrated benefits for identifiable right‑owners.\n  - Who pays or bears cost: Australian users and businesses who use or distribute those works may face new licensing costs or compliance obligations; enforcement can impose legal costs and restrict uses that were previously lawful (reg 4 and reg 8, read with reg 13 for transitional cases).\n  - Compliance burden: parties must determine whether a work/recording/performance satisfies the detailed eligibility tests (for example, where and when it was made or first published, the nationality/residence/incorporation of authors/makers, and whether a broadcast was made from a listed place) — see the definitions and the ‘‘material time’’ rules (reg 3; reg 4(1)–(7C); reg 8(1)). That evidential tracing can be administratively burdensome for intermediaries and users.\n  - Bureaucratic or legislative decision points: the list of covered countries, Schedule 3 membership, and encoded-broadcast treatment are set or changed by regulation and amendment (see the definition sections and the amendment items in regs 15–18). Those are policy levers that change scope over time.\n  - Transitional and negotiation effects: regulation 13 preserves certain prior lawful uses unless the exclusive right holder pays reasonable compensation; that creates a mechanism for negotiated settlements and reduces sudden losses for pre-existing users but may require assessment of appropriate compensation.\n  - Legal uncertainty and implementation risk: complex cross-references to international conventions, the Act, the meaning of ‘‘material time’’, and phased amendment dates (regs 15–18) create scope for disputes about applicability to particular works, especially older works or recordings (reg 3; regs 9–12; regs 15–18).\n  - Market effects and substitution: by extending Australian protection to particular categories of foreign works, the Regulations can change incentives for licensing, distribution channels, and where rights are exercised — for example, broadcasters and online services may prefer content from jurisdictions with clearer licensing status.\n\n## Key procedural and technical points to note (where to look in the Regulations)\n\n- Definitions and the ‘‘material time’’ test are in regulation 3 and are key to applying the rest of the instrument (reg 3).\n- General extension of Act to specified foreign works and subjects is in regulation 4 (reg 4(1)–(8)).\n- Rules that make some foreign sound recordings carry public‑performance or broadcasting rights in Australia are in regulations 6 and 7 (regs 6(1)–(3); 7(1)–(5)). Those depend on Schedule 3 membership or country‑of‑making (regs 6–7).\n- Part XIA (performers’ protection) application to foreign performances and related recordings is in regulation 8 (reg 8(1)–(8)).\n- Transitional and savings provisions are in regulations 11–14, including protections for acts done before a country became covered (reg 13) and savings for earlier versions (reg 14).\n- The Regulations explicitly modify the Act where inconsistent (reg 4(8); reg 8(8); various transitional clauses throughout).\n\n## Bottom line (mechanical effects)\n\n- The Regulations operate mainly by deeming particular foreign works, broadcasts, performances and persons to be treated as if they were Australian for specified parts of the Copyright Act. That extends enforceable Australian copyright rights and obligations to those foreign items and actors, subject to detailed nationality, place‑of‑making and time tests, and subject to transitional protections for pre‑existing lawful uses (reg 4; reg 8; reg 13)."}},"importantCases":[],"_links":{"self":"/api/acts/copyright-international-protection-regulations-1969","history":"/api/acts/copyright-international-protection-regulations-1969/history","analysis":"/api/acts/copyright-international-protection-regulations-1969/analysis","conflicts":"/api/acts/copyright-international-protection-regulations-1969/conflicts","importantCases":"/api/acts/copyright-international-protection-regulations-1969/important-cases","documents":"/api/acts/copyright-international-protection-regulations-1969/documents"}}