4Protection—application of the Act (other than Part XIA) to specified foreign countries

#### 4 Protection—application of the Act (other than Part XIA) to specified foreign countries Scope (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. Work, and subject‑matter other than a work, made or first published in a foreign country (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): (a) in the same way as the provision applies, under the Act, in relation to an Australian work or subject‑matter; and (b) as if the foreign work or subject‑matter were made or first published in Australia. Live performance incorporated in a sound recording and having connection with a foreign country (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. (1B) Subregulation (1A) applies only in relation to a person who is: (a) a maker of the sound recording; and (b) a performer in the performance. Artistic work that is a building, or is attached to or forms part of a building, in a foreign country (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): (a) in the same way as the provision applies, under the Act, in relation to an Australian artistic work; and (b) as if the foreign artistic work were situated in Australia. Work and subject‑matter other than a work—citizen or national of a foreign country (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): (a) in the same way as the provision applies, under the Act, in relation to an Australian citizen; and (b) as if the foreign citizen were an Australian citizen. Work and subject‑matter other than a work—person resident in a foreign country (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): (a) in the same way as the provision applies, under the Act, in relation to an Australian resident; and (b) as if the foreign resident were an Australian resident. Work and subject‑matter other than a work—body incorporated under the law of a foreign country (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): (a) in the same way as the provision applies, under the Act, in relation to an Australian body corporate; and (b) as if the foreign body corporate were an Australian body corporate. Sound broadcast or television broadcast made from a place in a foreign country (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): (a) in the same way as the provision applies, under the Act, in relation to an Australian broadcast; and (b) as if the foreign broadcast were an Australian broadcast. Broadcasts made before 1 January 1992 (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. Australian retransmission of US television broadcasts (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: (a) in the same way as the provision applies, under the Act, in relation to an Australian retransmission of an Australian television broadcast; and (b) as if the US television broadcast were an Australian television broadcast. Encoded broadcasts made from Malaysia and the United States of America (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: (a) in the same way as the provision applies, under the Act, in relation to an Australian encoded broadcast; and (b) as if the foreign encoded broadcast were an Australian encoded broadcast. (7C) A foreign encoded broadcast is an encoded broadcast made at a material time by a broadcaster if: (a) the broadcast is made from a place in: (i) Malaysia; or (ii) the United States of America; and (b) the broadcaster: (i) is entitled, under the law of the country from which the broadcast is made, to make that broadcast; and (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. (7D) For the purposes of paragraph 184(3)(a) of the Act, the following international agreements are specified: (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; (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. > Note: In 2018, the text of these Agreements was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Modification of Act (8) To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified.