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This is a Bill, not an Act. For current law, see the Acts databases.
COPYRIGHT AMENDMENT (FILM DIRECTORS' RIGHTS) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Copyright Amendment (Film Directors'
Rights) Bill 2005
No. , 2005
(Attorney-General)
A Bill for an Act to amend the Copyright Act 1968,
and for related purposes
i Copyright Amendment (Film Directors' Rights) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
4
Application of amendment .............................................................2
Schedule 1--Amendment
3
Copyright Act 1968
3
Copyright Amendment (Film Directors' Rights) Bill 2005 No. , 2005 1
A Bill for an Act to amend the Copyright Act 1968,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Copyright Amendment (Film
5
Directors' Rights) Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Copyright Amendment (Film Directors' Rights) Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
4 Application of amendment
12
(1) The amendment made by Schedule 1 applies to films that
13
commence to be made after the commencement of that Schedule.
14
(2) However, the amendment has no effect to the extent to which the
15
rights created by the amendment would be inconsistent with the
16
rights arising under a contract entered into before the
17
commencement of the amendment.
18
Amendment Schedule 1
Copyright Amendment (Film Directors' Rights) Bill 2005 No. , 2005 3
1
Schedule 1--Amendment
2
3
Copyright Act 1968
4
1 At the end of section 98
5
Add:
6
(4) If the film is not a commissioned film, then the reference in
7
subsection (2) to the maker of the film includes a reference to each
8
director of the film.
9
(5) If a director directed the film under the terms of his or her
10
employment under a contract of service or apprenticeship with
11
another person (the employer), then, in the absence of any
12
agreement to the contrary, the employer is to be substituted for the
13
director for the purposes of subsection (4).
14
(6) If a person becomes an owner of the copyright:
15
(a) because of the operation of subsection (4); or
16
(b) because of the operation of subsections (4) and (5);
17
then the person becomes the owner of the copyright only so far as
18
the copyright consists of the right to include the film in a
19
retransmission of a free-to-air broadcast.
20
(7) In this section:
21
commissioned film means a film made as mentioned in
22
paragraphs (3)(a) and (b).
23
director has the same meaning as in Part IX.
24
free-to-air broadcast has the same meaning as in Part VC.
25
retransmission means a retransmission (as defined in section 10)
26
to which Part VC applies.
27