Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part II—Interpretation
10 Interpretation
(1) In this Act, unless the contrary intention appears:
access control technological protection measure means a device, product, technology or component (including a computer program) that:
(a) is used in Australia or a qualifying country:
(i) by, with the permission of, or on behalf of, the owner or the exclusive licensee of the copyright in a work or other subject‑matter; and
(ii) in connection with the exercise of the copyright; and
(b) in the normal course of its operation, controls access to the work or other subject‑matter;
but does not include such a device, product, technology or component to the extent that it:
(c) if the work or other subject‑matter is a cinematograph film or computer program (including a computer game)—controls geographic market segmentation by preventing the playback in Australia of a non‑infringing copy of the work or other subject‑matter acquired outside Australia; or
(d) if the work is a computer program that is embodied in a machine or device—restricts the use of goods (other than the work) or services in relation to the machine or device.
accessory, in relation to an article, means one or more of the following:
(a) a label affixed to, displayed on, incorporated into the surface of, or accompanying, the article;
(b) the packaging or container in which the article is packaged or contained;
(c) a label affixed to, displayed on, incorporated into the surface of, or accompanying, the packaging or container in which the article is packaged or contained;
(d) a written instruction, warranty or other information provided with the article;
(e) a record embodying an instructional sound recording, or a copy of an instructional cinematograph film, provided with the article;
but does not include any label, packaging or container on which the olympic symbol (within the meaning of the Olympic Insignia Protection Act 1987) is reproduced.
Note: See also section 10AD for an expanded meaning of accessory in relation to certain imported articles.
adaptation means:
(a) in relation to a literary work in a non‑dramatic form a version of the work (whether in its original language or in a different language) in a dramatic form;
(b) in relation to a literary work in a dramatic form a version of the work (whether in its original language or in a different language) in a non‑dramatic form;
(ba) in relation to a literary work being a computer program—a version of the work (whether or not in the language, code or notation in which the work was originally expressed) not being a reproduction of the work;
(c) in relation to a literary work (whether in a non‑dramatic form or in a dramatic form):
(i) a translation of the work; or
(ii) a version of the work in which a story or action is conveyed solely or principally by means of pictures; and
(d) in relation to a musical work—an arrangement or transcription of the work.
alternative dispute resolution processes means procedures and services for the resolution of disputes, and includes:
(a) conferencing; and
(b) mediation; and
(c) neutral evaluation; and
(d) case appraisal; and
(e) conciliation; and
(f) procedures or services specified in the regulations;
but does not include:
(g) arbitration; or
(h) court procedures or services.
Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition.
approved label means a label approved under:
(a) Part 2 of the Agvet Code of a State or of the Northern Territory; or
(b) Part 2 of the Agvet Code of the participating Territories within the meaning of the Agricultural and Veterinary Chemicals Act 1994.
archives means:
(a) archival material in the custody of:
(i) the National Archives of Australia; or
(ii) the Archives Office of New South Wales established by the Archives Act 1960 of the State of New South Wales; or
(iii) the Public Record Office established by the Public Records Act 1973 of the State of Victoria; or
(iv) the Archives Office of Tasmania established by the Archives Act 1965 of the State of Tasmania; or
(aa) archival material in the custody of a person (other than the National Archives of Australia) in accordance with an arrangement referred to in section 64 of the Archives Act 1983; or
(b) a collection of documents or other material to which this paragraph applies by virtue of subsection (4).
artistic work means:
(a) a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not;
(b) a building or a model of a building, whether the building or model is of artistic quality or not; or
(c) a work of artistic craftsmanship whether or not mentioned in paragraph (a) or (b);
but does not include a circuit layout within the meaning of the Circuit Layouts Act 1989.
Australia includes the external Territories.
author, in relation to a photograph, means the person who took the photograph.
authorized officer, in relation to a library or archives, means the officer in charge of that library or archives or a person authorized by that officer to act on his or her behalf.
available online, in relation to National Library material, has the meaning given by section 195CF.
body administering:
(a) an institution—means:
(i) if the institution is a body corporate—the institution; or
(ii) otherwise—the body or person (including the Crown) having ultimate responsibility for administering the institution; or
(b) a library or archives—means:
(i) if the library or archives is an archives covered by paragraph (aa) of the definition of archives—the person having the custody of the archives in accordance with the relevant arrangement mentioned in that paragraph; or
(ii) otherwise—the body (whether incorporated or not) or person (including the Crown) having ultimate responsibility for administering the library or archives.
broadcast means a communication to the public delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992. For the purposes of the application of this definition to a service provided under a satellite BSA licence, assume that there is no conditional access system that relates to the service.
Note: A broadcasting service does not include the following:
(a) a service (including a teletext service) that provides only data or only text (with or without associated images); or
(b) a service that makes programs available on demand on a point‑to‑point basis, including a dial‑up service.
broadcasts collecting society means the body declared to be a collecting society by a declaration that is in force under section 113V and to which subparagraph 113V(4)(a)(ii) applies.
building includes a structure of any kind.
carriage service provider has the same meaning as in the Telecommunications Act 1997.
carrier has the same meaning as in the Telecommunications Act 1997.
chemical product has the same meaning as in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.
cinematograph film means the aggregate of the visual images embodied in an article or thing so as to be capable by the use of that article or thing:
(a) of being shown as a moving picture; or
(b) of being embodied in another article or thing by the use of which it can be so shown;
and includes the aggregate of the sounds embodied in a sound‑track associated with such visual images.
circumvention device for a technological protection measure means a device, component or product (including a computer program) that:
(a) is promoted, advertised or marketed as having the purpose or use of circumventing the technological protection measure; or
(b) has only a limited commercially significant purpose or use, or no such purpose or use, other than the circumvention of the technological protection measure; or
(c) is primarily or solely designed or produced to enable or facilitate the circumvention of the technological protection measure.
circumvention service for a technological protection measure means a service that:
(a) is promoted, advertised or marketed as having the purpose or use of circumventing the technological protection measure; or
(b) has only a limited commercially significant purpose or use, or no such purpose or use, other than the circumvention of the technological protection measure; or
(c) is primarily or solely designed or produced to enable or facilitate the circumvention of the technological protection measure.
collecting society means:
(a) a works collecting society; or
(b) the broadcasts collecting society; or
(c) a body that a declaration in force under section 135ZZT declares to be a collecting society for the purposes of Part VC; or
(d) a body that a declaration in force under section 135ZZZO declares to be a collecting society for the purposes of Part VD; or
(e) a company that a declaration in force under section 153F declares to be a collecting society for the purposes of Division 2 of Part VII.
communicate means make available online or electronically transmit (whether over a path, or a combination of paths, provided by a material substance or otherwise) a work or other subject‑matter, including a performance or live performance within the meaning of this Act.
computer program means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
construction includes erection, and reconstruction has a corresponding meaning.
controls access: a device, product, technology or component (including a computer program) controls access to a work or other subject‑matter if it requires the application of information or a process, with the permission of the owner or exclusive licensee of the copyright in the work or other subject‑matter, to gain access to the work or other subject‑matter.
copy:
(a) of a work—means a reproduction; or
(b) of a sound recording—means a record embodying the sound recording, or a substantial part of the sound recording, derived directly or indirectly from a record produced on the making of the sound recording; or
Note: See also subsection (6).
(c) of a cinematograph film—means any article or thing in which the visual images or sounds comprising the film are embodied; or
Note: See also subsection (5).
(d) of a broadcast—includes:
(i) a record embodying a sound recording of the whole or a part of the broadcast; or
(ii) a copy of a cinematograph film of the whole or a part of the broadcast.
copyright material means anything in which copyright subsists.
Note: This definition does not apply in Subdivision E of Division 3 of Part VI or Division 2 of Part VII (use of copyright material for the Crown): see sections 153DF and 182B.
delivery period has the meaning given by subsection 195CD(2).
device includes a plate.
dramatic work includes:
(a) a choreographic show or other dumb show; and
(b) a scenario or script for a cinematograph film;
but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film.
drawing includes a diagram, map, chart or plan.
educational institution means:
(aa) an institution at which education is provided at pre‑school or kindergarten standard; or
(a) a school or similar institution at which full‑time primary education or full‑time secondary education is provided or both full‑time primary education and full‑time secondary education are provided; or
(b) a university, a college of advanced education or a technical and further education institution; or
(c) an institution that conducts courses of primary, secondary or tertiary education by correspondence or on an external study basis; or
(d) a school of nursing; or
(e) an undertaking within a hospital, if the undertaking conducts courses of study or training in the provision of:
(i) medical services; or
(ii) services incidental to the provision of medical services; or
(f) a teacher education centre; or
(g) an institution with the principal function of providing courses of study or training for any of the following purposes:
(i) general education;
(ii) the preparation of people for a particular occupation or profession;
(iii) the continuing education of people engaged in a particular occupation or profession;
(iv) the teaching of English to people whose first language is not English; or
(h) an undertaking within a body administering an educational institution, if:
(i) the educational institution is of a kind referred to in a preceding paragraph of this definition; and
(ii) the principal function, or one of the principal functions, of the undertaking is the provision of teacher training to people engaged as instructors in educational institutions of a kind mentioned in a preceding paragraph of this definition, or of 2 or more such kinds; or
(i) an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, if:
(i) the principal function, or one of the principal functions, of the institution, or undertaking, is the providing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or 2 or more such kinds; and
(ii) that activity is undertaken for the purpose of helping those institutions in their teaching purposes.
electronic literary or music item means:
(a) a book in electronic form; or
(b) a periodical publication in electronic form; or
(c) sheet music in electronic form;
regardless of whether there is a printed form.
electronic rights management information, in relation to a work or other subject‑matter, means information that:
(a) is electronic; and
(i) is or was attached to, or is or was embodied in, a copy of the work or subject‑matter; or
(ii) appears or appeared in connection with a communication, or the making available, of the work or subject‑matter; and
(i) identifies the work or subject‑matter, and its author or copyright owner (including such information represented as numbers or codes); or
(ii) identifies or indicates some or all of the terms and conditions on which the work or subject‑matter may be used, or indicates that the use of the work or subject‑matter is subject to terms or conditions (including such information represented as numbers or codes).
eligible rights holder has the meaning given by subsection 113V(9).
engraving includes an etching, lithograph, product of photogravure, woodcut, print or similar work, not being a photograph.
exclusive licence means a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorizing the licensee, to the exclusion of all other persons, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and exclusive licensee has a corresponding meaning.
free‑to‑air broadcast means:
(a) a broadcast delivered by a national broadcasting service, commercial broadcasting service or community broadcasting service within the meaning of the Broadcasting Services Act 1992; or
(b) a broadcast delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992 that does no more than transmit program material supplied by National Indigenous TV Limited.
future copyright means copyright to come into existence at a future time or upon the happening of a future event.
generally known: without limiting when the identity of the author of a work is generally known, the identity is generally known if it can be ascertained by reasonable enquiry.
government has the meaning given by subsection 182B(1).
government copy has the meaning given by subsection 182B(1).
infringing copy means:
(a) in relation to a work—a reproduction of the work, or of an adaptation of the work, not being a copy of a cinematograph film of the work or adaptation;
(b) in relation to a sound recording—a copy of the sound recording not being a sound‑track associated with visual images forming part of a cinematograph film;
(c) in relation to a cinematograph film—a copy of the film;
(d) in relation to a television broadcast or a sound broadcast—a copy of a cinematograph film of the broadcast or a record embodying a sound recording of the broadcast; and
(e) in relation to a published edition of a work—a facsimile copy of the edition;
being an article (which may be an electronic reproduction or copy of the work, recording, film, broadcast or edition) the making of which constituted an infringement of the copyright in the work, recording, film, broadcast or edition or, in the case of an article imported without the licence of the owner of the copyright, would have constituted an infringement of that copyright if the article had been made in Australia by the importer, but does not include:
(f) a non‑infringing book whose importation does not constitute an infringement of that copyright; or
(g) a non‑infringing accessory whose importation does not constitute an infringement of that copyright; or
(h) a non‑infringing copy of a sound recording whose importation does not infringe that copyright; or
(i) a non‑infringing copy of a computer program whose importation does not infringe that copyright; or
(j) a non‑infringing copy of an electronic literary or music item whose importation does not infringe that copyright.
institution includes an educational institution.
international agreement means:
(a) a convention to which Australia is a party; or
(b) an agreement or arrangement between Australia and a foreign country, including an agreement, arrangement or understanding between a Minister and an official or authority of a foreign country.
international organization to which this Act applies means an organization that is declared by regulations made for the purposes of section 186 to be an international organization to which this Act applies, and includes:
(a) an organ of, or office within, an organization that is so declared; and
(b) a commission, council or other body established by such an organization or organ.
judicial proceeding means a proceeding before a court, tribunal or person having by law power to hear, receive and examine evidence on oath.
key cultural institution has the meaning given by section 113L.
law of the Commonwealth includes a law of a Territory.
licensed copying or communicating has the meaning given by subsection 113Q(2).
literary work includes:
(a) a table, or compilation, expressed in words, figures or symbols; and
(b) a computer program or compilation of computer programs.
made public has a meaning affected by section 29A.
manuscript, in relation to a literary, dramatic or musical work, means the document embodying the work as initially prepared by the author, whether the document is in hardcopy form, electronic form or any other form.
material form, in relation to a work or an adaptation of a work, includes any form (whether visible or not) of storage of the work or adaptation, or a substantial part of the work or adaptation, (whether or not the work or adaptation, or a substantial part of the work or adaptation, can be reproduced).
National Library material has the meaning given by section 195CE.
National Library Minister means the Minister administering the National Library Act 1960.
non‑infringing accessory means an accessory made in:
(a) a country that is a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or
(b) a country that is a member of the World Trade Organization and has a law that provides consistently with the TRIPS Agreement for:
(i) the ownership and duration of copyright or a related right in works, sound recordings and cinematograph films; and
(ii) the owner of the copyright or related right to have rights relating to the reproduction of the work, sound recording or cinematograph film;
where:
(c) the making of any copy of a work, or any reproduction of a published edition of a work, that is, or is on, or is embodied in, the accessory; or
(d) the making of any record embodying a sound recording, or any copy of a cinematograph film, that is the accessory;
was authorised by the owner of the copyright in that country in the work, edition, recording or film, as the case may be.
non‑infringing book means a book made (otherwise than under a compulsory licence) in a country specified in regulations made for the purposes of subsection 184(1), being a book whose making did not constitute an infringement of any copyright subsisting in a work, or in a published edition of a work, under a law of that country.
non‑infringing copy:
(a) in relation to a sound recording, has the meaning given by section 10AA; and
(b) in relation to a computer program, has the meaning given by section 10AB; and
(c) in relation to an electronic literary or music item, has the meaning given by section 10AC.
officer in charge means:
(a) in relation to archives—the archivist or other person having, for the time being, immediate care and control of the collection comprising the archives; and
(c) in relation to a library—the librarian or other person having, for the time being, immediate care and control of the collection comprising the library.
organisation assisting persons with a disability means:
(a) an educational institution; or
(b) a not‑for‑profit organisation with a principal function of providing assistance to persons with a disability (whether or not the organisation has other principal functions).
original form: a library or archives holds copyright material in original form if the material is held in the collection comprising the library or archives in a form that embodies the material as initially prepared by the author or maker of the material.
Example: A manuscript of a literary, dramatic or musical work.
Note: This definition does not apply in Division 6 of Part III: see subsection 54(6).
Parliament: see section 12.
person with a disability means a person with a disability that causes the person difficulty in reading, viewing, hearing or comprehending copyright material in a particular form.
photograph means a product of photography or of a process similar to photography, other than an article or thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, and photographic has a corresponding meaning.
plate includes a stereotype, stone, block, mould, matrix, transfer, negative or other similar appliance.
private and domestic use means private and domestic use on or off domestic premises.
prospective owner means:
(a) in relation to a future copyright that is not the subject of an agreement of a kind referred to in subsection 197(1)—the person who will be the owner of the copyright on its coming into existence; or
(b) in relation to a future copyright that is the subject of such an agreement—the person in whom, by virtue of that subsection, the copyright will vest on its coming into existence.
qualifying country means:
(a) a country that is a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or
(b) a country that is a member of the World Trade Organization and has a law that provides consistently with the TRIPS Agreement for:
(i) the ownership and duration of copyright or a related right in works, sound recordings and cinematograph films; and
(ii) the owner of the copyright or related right to have rights relating to the reproduction of the work, sound recording or cinematograph film.
reception equipment means equipment whose operation, either alone or together with other equipment, enables people to hear or see a work or other subject‑matter that is communicated.
record includes a disc, tape, paper, electronic file or other device in which sounds are embodied.
record embodying a sound recording means:
(a) a record produced upon the making of the sound recording; or
(b) a record that:
(i) embodies the sound recording; and
(ii) is derived directly or indirectly from a record produced upon the making of the sound recording.
registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
Registrar means the Registrar of the Tribunal provided for by section 170.
remuneration notice means:
(a) a notice mentioned in section 113Q; or
(b) a notice mentioned in section 135ZZL; or
(c) a notice mentioned in section 135ZZZJ.
retransmission, in relation to a broadcast, means a retransmission of the broadcast, where:
(a) the content of the broadcast is unaltered (even if the technique used to achieve retransmission is different to the technique used to achieve the original transmission); and
(i) in any case—the retransmission is simultaneous with the original transmission; or
(ii) if the retransmission is in an area that has, wholly or partly, different local time to the area of the original transmission—the retransmission is delayed until no later than the equivalent local time.
rules, of a collecting society, means the constitution of the society.
satellite BSA licence means a commercial television broadcasting licence allocated under section 38C of the Broadcasting Services Act 1992.
satellite BSA licensee means the licensee of a satellite BSA licence.
sculpture includes a cast or model made for purposes of sculpture.
simulcasting means simultaneously broadcasting a broadcasting service in both analog and digital form in accordance with the requirements of the Broadcasting Services Act 1992 or of any prescribed legislative provisions relating to digital broadcasting.
sound broadcast means sounds broadcast otherwise than as part of a television broadcast.
sound recording means the aggregate of the sounds embodied in a record.
sound‑track, in relation to visual images forming part of a cinematograph film, means:
(a) the part of any article or thing, being an article or thing in which those visual images are embodied, in which sounds are embodied; or
(b) a disc, tape or other device in which sounds are embodied and which is made available by the maker of the film for use in conjunction with the article or thing in which those visual images are embodied.
sufficient acknowledgement, in relation to a work, means an acknowledgement identifying the work by its title or other description and, unless the work is anonymous or pseudonymous or the author has previously agreed or directed that an acknowledgement of his or her name is not to be made, also identifying the author.
technological protection measure means:
(a) an access control technological protection measure; or
(b) a device, product, technology or component (including a computer program) that:
(i) is used in Australia or a qualifying country by, with the permission of, or on behalf of, the owner or the exclusive licensee of the copyright in a work or other subject‑matter; and
(ii) in the normal course of its operation, prevents, inhibits or restricts the doing of an act comprised in the copyright;
but does not include such a device, product, technology or component to the extent that it:
(iii) if the work or other subject‑matter is a cinematograph film or computer program (including a computer game)—controls geographic market segmentation by preventing the playback in Australia of a non‑infringing copy of the work or other subject‑matter acquired outside Australia; or
(iv) if the work is a computer program that is embodied in a machine or device—restricts the use of goods (other than the work) or services in relation to the machine or device.
television broadcast means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images.
the Australian Broadcasting Commission means the Australian Broadcasting Commission that was established under the Broadcasting and Television Act 1942.
the Australian Broadcasting Corporation means the Australian Broadcasting Corporation established under the Australian Broadcasting Corporation Act 1983.
the Commonwealth includes the Administration of a Territory.
the Copyright Act, 1911 means the Imperial Act known as the Copyright Act, 1911.
the Copyright Tribunal or the Tribunal means the Copyright Tribunal of Australia provided for by Part VI, and includes a member of that Tribunal exercising powers of that Tribunal.
the Crown includes the Crown in right of a State and the Crown in right of the Australian Capital Territory and the Northern Territory and also includes the Administration of a Territory other than the Australian Capital Territory or the Northern Territory.
the National Library means the National Library established under the National Library Act 1960‑1967.
the Special Broadcasting Service means the Special Broadcasting Service that was referred to in section 5 of the Special Broadcasting Service Act 1991.
the Special Broadcasting Service Corporation means the body corporate preserved and continued in existence as the Special Broadcasting Service Corporation under section 5 of the Special Broadcasting Service Act 1991.
to the public means to the public within or outside Australia.
TRIPS Agreement means the Agreement on Trade‑Related Aspects of Intellectual Property Rights set out in Annex 1C to the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.
Note: The English text of the Marrakesh Agreement establishing the World Trade Organization is set out in Australian Treaty Series 1995 No. 8.
will includes a codicil.
work means a literary, dramatic, musical or artistic work.
work of joint authorship means a work that has been produced by the collaboration of two or more authors and in which the contribution of each author is not separate from the contribution of the other author or the contributions of the other authors.
works collecting society means a body declared to be a collecting society by a declaration that is in force under section 113V and to which subparagraph 113V(4)(a)(i) applies.
writing means a mode of representing or reproducing words, figures or symbols in a visible form, and written has a corresponding meaning.
(1A) Without limiting the meaning of the expression educational purposes in this Act, a copy of the whole or a part of a work or other subject‑matter shall be taken, for the purposes of the provision in which the expression appears, to have been made, used or retained, as the case may be, for the educational purposes of an educational institution if:
(a) it is made or retained for use, or is used, in connection with a particular course of instruction provided by the institution; or
(b) it is made or retained for inclusion, or is included, in the collection of a library of the institution.
(2) Without limiting the meaning of the expression reasonable portion in this Act, where a literary, dramatic or musical work (other than a computer program) is contained in a published edition of that work, being an edition of not less than 10 pages, a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition:
(a) do not exceed, in the aggregate, 10% of the number of pages in that edition; or
(b) in a case where the work is divided into chapters exceed, in the aggregate, 10% of the number of pages in that edition but contain only the whole or part of a single chapter of the work.
(2A) Without limiting the meaning of the expression reasonable portion in this Act, if a person makes a reproduction of a part of:
(a) a published literary work (other than a computer program or an electronic compilation, such as a database); or
(b) a published dramatic work;
being a work that is in electronic form, the reproduction is taken to contain only a reasonable portion of the work if:
(c) the number of words copied does not exceed, in the aggregate, 10% of the number of words in the work; or
(d) if the work is divided into chapters—the number of words copied exceeds, in the aggregate, 10% of the number of words in the work, but the reproduction contains only the whole or part of a single chapter of the work.
(2B) If a published literary or dramatic work is contained in a published edition of the work and is separately available in electronic form, a reproduction of a part of the work is taken to contain only a reasonable portion of the work if it is taken to do so either under subsection (2) or (2A), whether or not it does so under both of them.
(2C) If:
(a) a person makes a reproduction of a part of a published literary or dramatic work; and
(b) the reproduction is taken to contain only a reasonable portion of the work under subsection (2) or (2A);
subsection (2) or (2A) does not apply in relation to any subsequent reproduction made by the person of any other part of the same work.
(3) In this Act, unless the contrary intention appears:
(e) a reference to the Crown in right of a State shall be read as including a reference to the Crown in right of the Australian Capital Territory and the Northern Territory; and
(g) a reference to the making, by reprographic reproduction, of a copy of a document, or of the whole or a part of a work, shall be read as a reference to the making of a facsimile copy of the document or the whole or that part of the work, being a facsimile copy of any size or form; and
(j) a reference to a microform copy of the whole or a part of a work shall be read as a reference to a copy of the whole or a part of the work produced by miniaturizing the graphic symbols of which the work is composed; and
(k) a reference to a periodical publication shall be read as a reference to an issue of a periodical publication and a reference to articles contained in the same periodical publication shall be read as a reference to articles contained in the same issue of that periodical publication; and
(ma) a reference to a relevant declaration, in relation to the making, in reliance on section 49, of a copy of the whole or a part of a work, shall be read as a reference to:
(i) in a case where the copy is made in reliance on subsection 49(2)—a declaration of the kind referred to in subsection 49(1) that is furnished in relation to the making of the copy; or
(ii) in a case where the copy is made in reliance on subsection 49(2C)—a declaration of the kind referred to in paragraph 49(2C)(b) that is made in relation to the making of the copy; or
(iii) in any case—a declaration of the kind referred to in subsection 49(5) that is made in relation to the making of the copy; and
(n) a reference to a State shall be read as including a reference to the Australian Capital Territory and the Northern Territory and a reference to a Territory shall be read as not including a reference to the Australian Capital Territory or the Northern Territory.
(3A) For the purposes of this Act, something held in, or forming part of, the collection of any archives covered by paragraph (aa) of the definition of archives in subsection (1) is taken not to be held in, and not to form part of, the collection of the National Archives of Australia.
Note: Paragraph (aa) of the definition of archives covers archival material in the custody of a person other than the National Archives of Australia under an arrangement referred to in section 64 of the Archives Act 1983.
(4) Where:
(a) a collection of documents or other material of historical significance or public interest that is in the custody of a body, whether incorporated or unincorporated, is being maintained by the body for the purpose of conserving and preserving those documents or other material; and
(b) the body does not maintain and operate the collection for the purpose of deriving a profit;
paragraph (b) of the definition of archives in subsection (1) applies to that collection.
Example: Museums and galleries are examples of bodies that could have collections covered by paragraph (b) of the definition of archives.
(5) A reference to a copy of a cinematograph film includes a reference to any form (whether visible or not) of storage of a cinematograph film, or a substantial part of a cinematograph film, (whether or not the copy of the film, or a substantial part of the film, can be reproduced).
(6) A reference to a copy of a sound recording includes a reference to any form (whether visible or not) of storage of the sound recording, or a substantial part of the sound recording, (whether or not the copy of the recording, or a substantial part of the recording, can be reproduced).
10AA Non‑infringing copy of a sound recording
Minimum requirements
(1) A copy of a sound recording is a non‑infringing copy only if it is made by or with the consent of:
(a) the owner of the copyright or related right in the sound recording in the country (the copy country) in which the copy was made; or
(b) the owner of the copyright or related right in the sound recording in the country (the original recording country) in which the sound recording was made, if the law of the copy country did not provide for copyright or a related right in sound recordings when the sound recording was made; or
(c) the maker of the sound recording, if neither the law of the copy country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when the sound recording was made.
Extra requirements for copies of recordings of works subject to Australian copyright
(2) If the sound recording is of a work that is a literary, dramatic or musical work in which copyright subsists in Australia, the copy is a non‑infringing copy only if:
(a) copyright subsists in the work under the law of the copy country; and
(b) the making of the copy does not infringe the copyright in the work under the law of the copy country; and
(c) the copy country meets the requirements of subsection (3).
To avoid doubt, the requirements of this subsection are additional to those of subsection (1).
Requirements for copy country
(3) The copy country mentioned in subsection (2) must:
(a) be a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or
(b) be a member of the World Trade Organization and have a law that provides consistently with the TRIPS Agreement for:
(i) the ownership and duration of copyright in literary, dramatic and musical works; and
(ii) the owner of the copyright in the work to have rights relating to the reproduction of the work.
Australian copyright may result from Act or regulations
(4) For the purposes of subsection (2) it does not matter whether the copyright in the work subsists in Australia as a result of this Act or as a result of the regulations made for the purposes of section 184.
10AB Non‑infringing copy of a computer program
A copy of a computer program is a non‑infringing copy only if:
(a) it is made in a qualifying country; and
(b) its making did not constitute an infringement of any copyright in a work under a law of that country.
10AC Non‑infringing copy of an electronic literary or music item
A copy of an electronic literary or music item is a non‑infringing copy only if:
(a) it is made in a qualifying country; and
(b) its making did not constitute an infringement of any copyright in a work, or in a published edition of a work, under a law of that country.
10AD Accessories to imported articles
Accessories
(1) If a person imports into Australia:
(a) an article that has embodied in it a copy of a computer program; or
(b) an article that has embodied in it a copy of an electronic literary or music item; or
(c) an article that has embodied in it a copy of a sound recording;
a copy of any work or other subject matter (other than a feature film) that is on, embodied in, or included with, the article on its importation is taken to be an accessory to the article.
Note: See also sections 44C and 112C (about the non‑infringement of copyright in works or other subject matter that are accessories to imported articles).
Definition
feature film means a cinematograph film that:
(a) is produced wholly or principally:
(i) for exhibition to the public in cinemas or by way of television broadcasting; or
(ii) for sale or rental to the public where it is reasonable to assume that the viewing of the film (without electronic interactive involvement with the film) would be the primary object of any such sale or rental; and
(b) is more than 20 minutes in duration.
Interpretation
(3) This section does not limit the meaning of accessory in subsection 10(1).
