Copyright Regulations 2017

Part 1—Preliminary

1 Name

This instrument is the Copyright Regulations 2017.

3 Authority

This instrument is made under the Copyright Act 1968.

4 Definitions

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

(a) adaptation;
(b) artistic work;
(c) Australia;
(d) body administering;
(e) carriage service provider;
(f) cinematograph film;
(g) collecting society;
(h) copy;
(i) copyright material;
(j) device;
(k) dramatic work;
(l) educational institution;
(m) eligible rights holder;
(n) government;
(o) government copy;
(p) infringing copy;
(q) licensed copying or communicating;
(r) literary work;
(s) manuscript;
(t) record;
(u) Registrar;
(v) rules;
(w) sound broadcast;
(x) sound recording;
(y) technological protection measure;
(z) television broadcast;
(za) the Tribunal;
(zb) to the public;
(zc) work;
(zd) works collecting society.

In this instrument:

Act means the Copyright Act 1968.

address for service of a person or body means an address in Australia at which, or an electronic address through which, documents may be served on the person or body.

Australian‑based: a person is Australian‑based if the person:

(a) resides or carries on business in Australia; or
(b) if the person is a corporation—has a registered office in Australia.

caching has the same meaning as in section 116AB of the Act.

civil action means a proceeding of a civil nature between parties, including a counterclaim.

Note: This is essentially the same as the definition of action in Part V of the Act.

designated representative of a service provider means a person designated under subsection 19(1) to receive for the service provider notifications, notices and counter‑notices given for the purposes of a condition in subsection 116AH(1) of the Act.

designated service provider means a service provider other than a carriage service provider.

distributable amount has the meaning given by subsection 17(3).

entitled person has the meaning given by subsection 17(3).

equitable remuneration has the meaning given by subsection 17(3).

infringement notice means an infringement notice given under section 43.

infringement officer means:

(a) a member of the Australian Federal Police (as defined in the Australian Federal Police Act 1979); or
(b) a member of the police force (however described) of a State or Territory.

infringing article, in relation to an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)), means an article that is alleged:

(a) to be an infringing copy of a work or other subject‑matter; and
(b) to have been involved in the commission of the offence.

infringing device, in relation to an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)), means a device that is alleged:

(a) to have been made to be used for making an infringing copy of a work or other subject‑matter; and
(b) to have been involved in the commission of the offence.

party has a meaning affected by section 117.

potential share has the meaning given by subsection 17(3).

President means the President of the Tribunal.

reference of a matter to the Tribunal under the Act includes referral of the matter to the Tribunal under the Act.

relevant chief executive means the Commissioner (or head, however described) of the Australian Federal Police or of the police force (however described) of a State or Territory.

relevant copyright owner has the meaning given by subsection 17(3).

relevant file number, in relation to a Tribunal proceeding, means the file number given by the Registrar to the proceeding.

sealed means sealed with the seal of the Tribunal.

service provider has the meaning given by section 116ABA of the Act.

subject to an infringement notice under Part 9 has the meaning given by section 42.

system or network of a service provider means a system or network controlled or operated by or for the service provider.

Tribunal proceeding means a proceeding before the Tribunal.

user, in relation to copyright material stored on a service provider’s system or network, means the person who directed the service provider to store the copyright material on its system or network.

Part 2—Copyright in original works

5 Notices to be displayed near library or archive machines used to make infringing copies—paragraph 39A(b) of the Act

For the purposes of paragraph 39A(b) of the Act: (a) the prescribed dimensions of a notice are at least 297 millimetres long and at least 210 millimetres wide; and (b) the prescribed form of notice is a form containing the text in Part 1 or 2 of Schedule 1.

6 Notice requirements for communication of electronic reproduction by library or archives—subparagraph 49(7A)(c)(ii) of the Act

For the purposes of subparagraph 49(7A)(c)(ii) of the Act, the following matters are prescribed: (a) that further dealings with the reproduction may infringe copyright; (b) that Division 3 of Part III of the Act affects whether further dealings would infringe copyright.

7 Notice of intended publication of unpublished work kept in public library—paragraphs 52(1)(b) and (2)(b) of the Act

(1) For the purposes of paragraphs 52(1)(b) and (2)(b) of the Act, the prescribed notice of the intended publication of the new work is a notice that: (a) is published in accordance with subsection (2) of this section; and (b) sets out the matters described in subsection (3) of this section. (2) The notice is to be published in the Gazette at least 2 months before the publication (or subsequent publication) of the new work. (3) The notice is to set out: (a) the name of the person (the intending publisher) intending to publish the new work and how the intending publisher may be contacted; and (b) the intending publisher’s intention to publish the new work; and (c) the title (if any) of the old work and, if that title does not enable that work to be identified, a description of that work that enables that work to be identified; and (d) the time, or an estimate of the time, when the old work was made or the period, or an estimate of the period, over which the making of the old work extended; and (e) the name of the author of the old work, if that name is known to the intending publisher; and (f) the name and address of the library or other place in which a copy, or the manuscript, of the old work is kept; and (g) the name of the person from whom the copy or manuscript of the old work was acquired for the purposes of that library or other place, or a statement of the fact that the intending publisher does not know the name of that person; and (h) that a person claiming to be the owner of the copyright in the old work may give notice of his or her claim to the intending publisher.

8 Countries in relation to which Division 6 of Part III of the Act applies—subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act

For the purposes of subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act, Division 6 of Part III of the Act applies to a country that: (a) is a party to any of the following: (i) the International Convention for the Protection of Literary and Artistic Works done at Berne on 9 September 1886 as revised from time to time; (ii) the Universal Copyright Convention done at Geneva on 6 September 1952 as revised from time to time; (iii) the WIPO Copyright Treaty done at Geneva on 20 December 1996 as revised from time to time; or (b) is a member of the World Trade Organization.

Note 1: Information as to which countries are parties to the International Convention for the Protection of Literary and Artistic Works could in 2017 be viewed on the World Intellectual Property Organization’s website (http://www.wipo.int).

Note 2: Information as to which countries are parties to the Universal Copyright Convention could in 2017 be viewed on the United Nations Educational, Scientific and Cultural Organization’s website (http://www.unesco.org).

Note 3: Information as to which countries are parties to the WIPO Copyright Treaty could in 2017 be viewed on the World Intellectual Property Organization’s website (http://www.wipo.int).

Note 4: Information as to which countries are members of the World Trade Organization could in 2017 be viewed on the World Intellectual Property Organization’s website (https://www.wto.org).

9 Notice of intended making of record of musical work

(1) For the purposes of paragraph 55(1)(b) of the Act, the prescribed notice of the intended making of a record of a musical work is a written notice given in accordance with this section by the person (the intending maker) intending to make the record. How notice is given (2) The notice must be given: (a) by service of the notice on: (i) the owner of the copyright in the work, if the owner is Australian‑based; or (ii) an Australian‑based person who has been appointed by the owner of that copyright as the owner’s agent for the purpose of receiving notices under section 55 of the Act; or (b) if the intending maker does not know the name, or an address for service, of the owner or of an agent described in subparagraph (a)(ii)—by: (i) publication of the notice in the Gazette; and (ii) if the notice published does not include the information described in subsection (4)—giving that information to the owner or such an agent on application made by the owner or agent. Content of notice (3) The notice must set out: (a) that a person specified in the notice intends to make in Australia a record of the musical work or of part of the musical work; and (b) how the intending maker may be contacted; and (c) the title (if any) of the work and, if that title does not enable the work to be identified, a description of the work that enables the work to be identified; and (d) a statement of the fact (if true) that the record is to comprise a performance of the work in which words are sung, or are spoken incidentally to or in association with the music; and (e) the name of the author of the work, if that is known to the intending maker; and (f) how the information described in subsection (4) may be obtained from a place in Australia if the notice is published as described in paragraph (2)(b) and does not contain that information. (4) The notice must, if given as described in paragraph (2)(a), or may, if published as described in paragraph (2)(b), set out: (a) any details known to the intending maker that are needed to enable the owner of the copyright to identify a previous record of the musical work referred to in paragraph 55(1)(a) of the Act; and (b) whether the record that is intended to be made is to be a disc, tape, paper or other device; and (c) the trade description intended to be placed on the label of the record and the proposed trade prefix and catalogue number of the record; and (d) the date on which it is proposed to offer or expose the record for sale to the public in Australia; and (e) the proposed selling price to the public of the record; and (f) the amount of the royalty that the intending maker estimates will be payable to the owner of the copyright for the record.

10 Prescribed period relating to making of records of musical works—subsection 55(3) of the Act

For the purpose of subsection 55(3) of the Act, one month is prescribed.

11 Inquiries relating to previous records of musical works—section 61 of the Act

(1) For the purposes of section 61 of the Act, this section prescribes: (a) how inquiries relating to the previous making or import of a record of a musical work are to be made; and (b) the period for receiving an answer to inquiries. Who is to be asked (2) The inquiries must be made of: (a) the owner of the copyright in the musical work; and (b) if words consisting or forming part of a literary or dramatic work were sung or spoken in the musical work, the owner of the copyright in the literary or dramatic work. How inquiries are to be made (3) Inquiries must be made in writing. (4) Inquiries of an Australian‑based owner of copyright must be given to the owner. (5) However: (a) if the owner has appointed an Australian‑based person as the owner’s agent for the purpose of answering inquiries made under section 61 of the Act, the inquiries may be given to the agent; and (b) if a person wishing to make inquiries of an owner does not know the name, or an address for service, of the owner or of such an agent, the inquiries must be published in the Gazette. Content of inquiries (6) The inquiries must set out: (a) the name of the person making the inquiries and how the person may be contacted; and (b) the title (if any) of the musical, literary or dramatic work concerned and, if the title does not enable the work to be identified, a description of the work that enables the work to be identified; and (c) the name of the author, if the person making the inquiries knows it; and (d) if the inquiries relate to a particular record—sufficient information to enable the record to be identified; and (e) an inquiry whether a record of the musical work, or of the musical work in which words consisting or forming part of the literary or dramatic work were sung or spoken, has previously been made in, or imported into, Australia: (i) by, or with the licence of, the owner of the copyright in the musical work or in the literary or dramatic work; or (ii) for the purpose of retail sale; or (iii) for use in making other records for the purpose of retail sale. Period for answering inquiries (7) The period for receiving an answer to inquiries is 10 days after: (a) the inquiries were given (except by post) or published; or (b) if the inquiries were given by post—the day the inquiries would be delivered in the ordinary course of post.

12 Circumstances in which design is taken to be applied industrially—section 77 of the Act

(1) For the purposes of section 77 of the Act, a design is taken to be applied industrially if it is applied: (a) to more than 50 articles; or (b) to one or more articles (other than hand‑made articles) manufactured in lengths or pieces. (2) For the purposes of paragraph (1)(a), any 2 or more articles are taken to constitute a single article if: (a) they are of the same general character; and (b) they are intended for use together; and (c) the same design, or substantially the same design, is applied to them. (3) For the purposes of this section, a design is taken to be applied to an article if: (a) the design is applied to the article by a process (whether a process of printing or embossing or another process); or (b) the design is reproduced on or in the article in the course of the production of the article.

Part 3—Copyright in subject‑matter other than works

13 Notices to be displayed near library or archive machines used to make infringing copies—paragraph 104B(b) of the Act

For the purposes of paragraph 104B(b) of the Act: (a) the prescribed dimensions of a notice are at least 297 millimetres long and at least 210 millimetres wide; and (b) the prescribed form of notice is a form containing the text: (i) in Part 1 or 2 of Schedule 1, if the copy is of a published edition of a work; or (ii) in Part 2 or 3 of Schedule 1, if the copy is of an audio‑visual item.

14 Prescribed period relating to public performance of recordings first published outside Australia—paragraph 108(1)(b) of the Act

For the purposes of paragraph 108(1)(b) of the Act, the period is 7 weeks.

15 Prescribed period relating to broadcasts of recordings not published in Australia—subsection 109(3) of the Act

For the purposes of subsection 109(3) of the Act, the period is 7 weeks.

Part 4—Uses that do not infringe copyright

16 Bodies administering key cultural institutions—paragraph 113L(b) of the Act

For the purposes of paragraph 113L(b) of the Act, the following bodies are prescribed: (a) the Australian Broadcasting Corporation; (b) the Australian National University; (c) the Special Broadcasting Service Corporation.

Part 5—Collecting societies

17 Rules of a collecting society—paragraphs 113W(d), 135ZZT(3)(d), 135ZZZO(7)(d) and 153F(6)(f) of the Act

(1) For the purposes of paragraphs 113W(d), 135ZZT(3)(d) and 135ZZZO(7)(d) of the Act, the following provisions of rules of a collecting society are prescribed: (a) that accounting periods must be determined, in accordance with the rules, by the collecting society for accounting purposes and that no accounting period may extend beyond 30 June in any year; (b) that a consistent practice must be followed with regard to attributing the receipts and expenditure of the collecting society to a particular accounting period; (c) that the collecting society must exercise reasonable diligence in the collection of amounts of equitable remuneration, having regard to the expenses likely to be incurred in the collection of such amounts; (d) that the total amount of any gifts for cultural or benevolent purposes made by the collecting society in respect of any accounting period must not exceed such percentage of the total amount of equitable remuneration received by the society for that accounting period as is specified in the rules; (e) that the administrative costs and other outgoings of the collecting society paid by the society out of the amounts of equitable remuneration collected by it must be reasonable; (f) that the distributable amount relating to each accounting period of the collecting society must be allocated in accordance with a scheme of allocation (the scheme) that: (i) is determined in accordance with the rules; and (ii) includes criteria for allocation that are specified in the rules; and (iii) provides for the allocation of potential shares in the distributable amount to entitled persons; (g) that, in relation to each potential share in the distributable amount allocated in accordance with the scheme of the collecting society to an entitled person who is a member of the society at the time of allocation, an amount representing the share must be paid, as soon as is reasonably possible after the allocation, to the entitled person; (h) that, in relation to each potential share in the distributable amount allocated in accordance with the scheme of the collecting society to an entitled person who is not a member of the society at the time of allocation, an amount representing the share: (i) must be paid, as soon as is reasonably possible after the allocation, into a trust fund operated by the society for purposes referred to in paragraph (i); and (ii) subject to subparagraph (iii), must be held in that fund in accordance with the rules of the society; and (iii) if the entitled person becomes a member while the amount is held in the trust fund—must be distributed to the person as soon as is reasonably possible after he or she becomes a member; (i) that a trust fund must be operated by the collecting society for purposes that include the holding on trust, for any entitled person who is not, and whose agent is not, a member of the society, of any potential share allocated to that person in accordance with the scheme; (j) that any part of a distributable amount, relating to an accounting period, that cannot for any reason be distributed must be held on trust in the trust fund referred to in paragraph (i) until distribution becomes possible or until the end of a specified period of not less than 4 years, whichever happens first; (k) that a member of the collecting society must, on request, be given reasonable access to the records of the society, whether or not the member is an entitled person. (2) For the purposes of paragraph 153F(6)(f) of the Act, the rules of an applicant to be declared a collecting society are required to include provisions with the effects described in paragraphs (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) of this section. (3) In this instrument:

distributable amount, in relation to an accounting period of a collecting society, means the amount of equitable remuneration received by the society that is:

(a) attributable to that period (in accordance with the practice of the society); or
(b) otherwise available for distribution;

after the payment or reservation, out of that amount, of: (c) amounts attributable to that period that are paid or held, in accordance with the rules of the society, for: (i) gifts made by the society; and (ii) administrative costs and other outgoings of the society; and (d) amounts to be carried forward, in accordance with the rules of the society, to the next accounting period.

entitled person, in relation to a collecting society declared under a section of the Act mentioned in column 1 of an item of the following table, means:

(a) a member of the collecting society who is:
(i) a person described in column 2 of that item; or
(ii) the agent of a person described in column 2 of that item; or
(b) a person described in column 2 of that item who is not a member of the collecting society and whose agent, if any, is not a member.

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Entitled person</span></p></td></tr><tr><td style="width:3.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td style="width:15.78%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span><br><span>Section of the Act</span></p></td><td style="width:80.26%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span><br><span>Person</span></p></td></tr></thead><tbody><tr><td style="width:3.96%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:15.78%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>113V</span></p></td><td style="width:80.26%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Eligible rights holder</span></p></td></tr><tr><td style="width:3.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:15.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>135ZZT</span></p></td><td style="width:80.26%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Relevant copyright owner (as defined in Part</span><span> </span><span>VC of the Act)</span></p></td></tr><tr><td style="width:3.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:15.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>135ZZZO</span></p></td><td style="width:80.26%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Relevant copyright owner (as defined in Part</span><span> </span><span>VD of the Act)</span></p></td></tr><tr><td style="width:3.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:15.78%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>153F</span></p></td><td style="width:80.26%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Owner of copyright in copyright material as defined in Division</span><span> </span><span>2 of Part</span><span> </span><span>VII of the Act</span></p></td></tr></tbody></table>

equitable remuneration, in relation to a collecting society declared under a section of the Act mentioned in column 1 of an item of the following table, has the meaning given by column 2 of the item.

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Equitable remuneration</span></p></td></tr><tr><td style="width:3.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td style="width:15.78%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span><br><span>Section of the Act</span></p></td><td style="width:80.26%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span><br><span>Equitable remuneration</span></p></td></tr></thead><tbody><tr><td style="width:3.96%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:15.78%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>113V</span></p></td><td style="width:80.26%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Equitable remuneration payable under remuneration notices given to the society under section</span><span> </span><span>113Q of the Act</span></p></td></tr><tr><td style="width:3.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:15.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>135ZZT</span></p></td><td style="width:80.26%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Equitable remuneration payable by retransmitters under section</span><span> </span><span>135ZZM of the Act</span></p></td></tr><tr><td style="width:3.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:15.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>135ZZZO</span></p></td><td style="width:80.26%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Equitable remuneration payable by satellite BSA licensees under section</span><span> </span><span>135ZZZK of the Act</span></p></td></tr><tr><td style="width:3.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:15.78%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>153F</span></p></td><td style="width:80.26%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Equitable remuneration payable by governments under section</span><span> </span><span>183A of the Act</span></p></td></tr></tbody></table>

potential share means a share that is:

(a) a share in a distributable amount; and
(b) represented by an amount that will be distributed in the circumstances referred to in paragraph (1)(g) or (h).

relevant copyright owner:

(a) in relation to a collecting society declared under section 135ZZT of the Act—has the same meaning as in Part VC of the Act; and
(b) in relation to a collecting society declared under section 135ZZZO of the Act—has the same meaning as in Part VD of the Act.