3Interpretation

3 Interpretation

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) broadcast;
(b) cinematograph film;
(c) sound broadcast;
(d) sound recording;
(e) television broadcast;
(f) work.

(1) In these Regulations:

amending Regulations means the Copyright (International Protection) Amendment Regulations 2003 (No. 1).

at a material time means:

(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to, or in relation to the application of the Act in respect of, a work or subject matter other than a work that is unpublished:
(i) at the time when the work or subject‑matter other than a work was made; or
(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
(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
(c) in relation to a sound broadcast or a television broadcast—the time when that broadcast was made; and
(d) in relation to a performance—the time when the performance was given.

Australian retransmission means a retransmission of a television broadcast:

(a) over the Internet; and
(b) made from a place in Australia.

Australian television broadcast means a television broadcast mentioned in section 91 of the Act.

Berne Convention country:

(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
(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.

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.

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.

broadcaster, for an encoded broadcast, has the meaning given by section 135AL of the Act.