Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
"amending Regulations" means the Copyright (International Protection) Amendment Regulations 2003 (No. 1).
(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to, or in relation to the application of the Act in respect of, a work or subject matter other than a work that is unpublished: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:
(b) made from a place in Australia.
"Australian television broadcast" means a television broadcast mentioned in section 91 of the Act.
(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.
"encoded broadcast" has the meaning given by section 135AL of the Act.
"foreign country" means a country other than Australia.
"foreign encoded broadcast" : see subregulation 4(7C).
"performance" means a performance of a kind referred to in paragraph (a), (b), (c), (d) or (e) of the definition of performance in subsection 248A(1) of the Act but does not include a performance of a kind referred to in subsection 248A(2) of the Act.
"relevant broadcaster" , in relation to a sound broadcast or a television broadcast, means a person who:
(a) is entitled, under the law of the country from which the sound broadcast or television broadcast is made, to make that sound broadcast or television broadcast; and
(i) a citizen or national of that country; or
(ii) a person resident in, or a body corporate that has its headquarters in, that country.
(a) means a foreign country that is a party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961 (the Rome Convention ); and
(b) if application of the Rome 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 Rome 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.
(a) means a country that is specified in Schedule 3 as a country that provides rights for secondary uses of sound recordings; and
(b) if a territory (however described) of the country also provides those rights--includes that territory.
Note: 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.
"subject-matter other than a work" means any of the following:
(a) a published edition of a work or works;
"the Act" means the Copyright Act 1968 .
(a) means a foreign country that:
(i) is a party to the Universal Copyright Convention; and
(ii) is neither a Berne Convention country nor a WTO country; and
(b) if application of the Universal Copyright 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 Universal Copyright Convention, see, for example, the United Nations Educational, Scientific and Cultural Organization website at www.unesco.org.
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.
"Universal Copyright Convention" means the Universal Copyright Convention concluded at Geneva on 6 September 1952.
"US television broadcast" means a television broadcast made from a place in the United States of America, at a material time, by a relevant broadcaster.
"WCT country" means a foreign country that is a party to the WIPO Copyright Treaty concluded at Geneva on 20 December 1996.
Note: For information as to which countries are parties to the WIPO Copyright Treaty, see, for example, the World Intellectual Property Organization website at www.wipo.int.
"WPPT country" means a foreign country that is a party to the WIPO Performances and Phonograms Treaty concluded at Geneva on 20 December 1996.
Note: For information as to which countries are parties to the WIPO Performances and Phonograms Treaty, see, for example, the World Intellectual Property Organization website at www.wipo.int.
(a) means a foreign country (including a separate customs territory) that is a member of the World Trade Organization; and
(b) if the foreign country's membership in the World Trade Organization is extended, in accordance with international law, to include a territory (however described) of the foreign country--includes that territory.
Note 1: For information as to which countries are members of the World Trade Organization, see, for example, the World Trade Organization website at www.wto.org.
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.
(3) Without limiting the application in relation to these Regulations of paragraph 46(1)(a) of the Acts Interpretation Act 1901 , an expression used in any of these Regulations that:
(a) is also used in a section of the Act for the purposes of which, or of a provision of which, that regulation is made; and
(b) has, in that section, a defined or other specified meaning;
has the same meaning in that regulation.
(5) For the purposes of these Regulations, protection in the nature of copyright shall be deemed to be conferred in relation to a work or subject - matter other than a work under the law of a country other than Australia if that law confers on the person entitled to the protection the exclusive right to do in that country in relation to the work or subject - matter other than a work any one or more of the acts that are comprised in the copyright in the work or subject - matter other than a work under the Act.