Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT 14

14. After Division 5 of Part III of the Principal Act the following Divisions
are inserted:



"Division 5A-Copying of works in educational institutions Multiple copying of
insubstantial portions of works

"53A. (1) Subject to this section, copyright in a literary or dramatic work is
not infringed by the making, on the premises of an educational institution, by
any person, for the purposes of a course of education provided by the
institution, of a copy or copies of a page or pages of the work in an edition
of the work, or of works that include the work.



"(2) Sub-section (1) does not apply to-

   (a)  the making of a copy or copies of the whole of a work; or

   (b)  the making of a copy or copies of more than 2 of the pages of a work
        in an edition of the work, or of works that include the work, unless-

        (i)    1% of the total number of pages in the edition exceeds 2 pages;
               and

        (ii)   the total number of pages so copied does not exceed 1% of the
               total number of pages in the edition.



"(3) Where a person has made or caused to be made on an occasion a copy of a
part of a work contained on a page or pages in an edition of the work, or of
works that include the work, in reliance on this section, sub-section (1) does
not apply to the making, by or on behalf of that person, on a subsequent
occasion less than 14 days after the day on which the previous copying took
place, of a copy of any other part of that work. Multiple copying under
statutory licence by educational institutions

"53B. (1) Subject to this section, the copyright in an article contained in a
periodical publication is not infringed by the making of copies of the whole
or a part of that article, by or on behalf of the body administering an
educational institution-

   (a)  in a case where the educational institution is not a resource
        centre-for the teaching purposes of that institution; and

   (b)  in any other case-for the teaching purposes of an educational
        institution other than a resource centre.



"(2) Subject to this section, the copyright in a work, other than an article
in a periodical publication, is not infringed by the making of copies of the
whole or a part of that work, by or on behalf of the body administering an
educational institution-

   (a)  in a case where the educational institution is not a resource
        centre-for the teaching purposes of that institution; and

   (b)  in any other case-for the teaching purposes of an educational
        institution other than a resource centre.



"(3) Without limiting the meaning of the expression 'for the teaching purposes
of an institution', a copy of a work shall be taken to have been made for the
teaching purposes of an institution if-

   (a)  it is made in connection with a particular course of instruction
        provided by that institution; or

   (b)  it is made for the purpose of inclusion in the collection of a library
        of that institution.



"(4) Sub-section (1) does not apply in relation to copies of, or of parts of,
2 or more articles contained in the same periodical publication unless the
articles relate to the same subject matter.



"(5) Sub-section (2) does not apply in relation to copies of, or of more than
a reasonable portion of, a work that has been separately published unless the
person who makes the copies, or causes the copies to be made, for or on behalf
of the body administering the educational institution, is satisfied, after
reasonable investigation, that copies (not being second-hand copies) of the
work cannot be obtained within a reasonable time at an ordinary commercial
price.



"(6) Sub-section (1) does not apply to copies of the whole or a part of an
article contained in a periodical publication, being copies made, by or on
behalf of the body administering an educational institution, for the teaching
purposes of an educational institution, unless there is made, by or on behalf
of that body, as soon as practicable after the making of those copies, a
record of the copying setting out-

   (a)  if the International Standard Serial Number in respect of the
        periodical publication is recorded in the periodical publication-that
        number;

   (b)  if the International Standard Serial Number in respect of the
        publication is not so recorded-the name of the periodical publication;

   (c)  the title or description of the article;

   (d)  the name of the author of the article (if that name is known);

   (e)  the volume, or volume and number, as the case requires, of the
        periodical publication containing the article;

   (f)  the page numbers of the pages in that volume, or in that number of
        that volume, that have been copied, or, in a case where a page so
        copied does not bear a page number, such description of the page as
        will enable it to be identified;

   (g)  the date on which those copies have been made;

   (h)  the number of copies made; and

   (j)  particulars of such other matters as are prescribed.



"(7) Sub-section (2) does not apply to copies of the whole or a part of a work
(not being an article contained in a periodical publication), being copies
made, by or on behalf of the body administering an educational institution,
for the teaching purposes of an educational institution, unless there is made,
by or on behalf of that body, as soon as practicable after the making of those
copies, a record of the copying setting out-

   (a)  if the International Standard Book Number in respect of the work is
        recorded in the edition of the work copied-that number;

   (b)  if the International Standard Book Number in respect of the work is
        not so recorded-

        (i)    the title or description of the work;

        (ii)   the name of the publisher of the edition of the work; and

        (iii)  the name of the author of the work (if that name is known);

   (c)  the page numbers of the pages in the edition of the work that have
        been copied, or, in a case where a page so copied does not bear a page
        number, such description of the page as will enable it to be
        identified;

   (d)  the date on which those copies have been made;

   (e)  the number of copies made; and

   (f)  particulars of such other matters as are prescribed.



"(8) For the purposes of sub-sections (6) and (7) a record of the copying of a
work or a part of a work-

   (a)  may be kept in writing or in any other manner prescribed by the
        regulations; and

   (b)  if it is kept in writing, shall be in accordance with the prescribed
        form.



"(9) Where copies of, or of part of, a work, other than an article in a
periodical publication, made as provided in sub-section (2) by or on behalf of
an educational institution for the teaching purposes of an educational
institution-

   (a)  are made for distribution to persons undertaking a correspondence
        course, or an external study course, provided by the educational
        institution for the teaching purposes of which those copies are made,
        otherwise than as a part of the lecture notes prepared in connection
        with that course; and

   (b)  do not contain more than a reasonable portion of the work, the record
        made in relation to them in accordance with sub-section (7) may state
        that they are copies to which this section applies.



"(10) Where copies of, or of part of, a work consisting of an article in a
periodical publication made, as provided in sub-section (1), by or on behalf
of the body administering an educational institution for the teaching purposes
of an educational institution are made for distribution to persons undertaking
a correspondence course, or an external study course, provided by the
educational institution for the teaching purposes of which those copies are
made, otherwise than as a part of the lecture notes prepared in connection
with that course, the record made in relation to them in accordance with
sub-section (6) may state that they are copies to which this sub-section
applies.



"(11) Where copies of the whole or a part of a work, not being copies stated
in the record to be copies to which sub-section (9) or (10) applies, are made
by or on behalf of the body administering an educational institution and, by
virtue of this section, the making of those copies does not infringe copyright
in the work, that body shall, if the owner of the copyright in the work makes
a request, in writing, at any time during the prescribed period after the
making of the copies, for payment for the making of the copies, pay to the
owner such an amount by way of equitable remuneration for the making of those
copies as is agreed upon between the owner and the body or, in default of
agreement, as is determined by the Copyright Tribunal on the application of
either the owner or the body.



"(12) Where the Copyright Tribunal has determined the amount of equitable
remuneration payable to the owner of copyright in a work by the body
administering an educational institution in relation to copies of the whole or
a part of that work that have been made by or on behalf of that body in
reliance on this section, the owner may recover that amount from the body in a
court of competent jurisdiction as a debt due to him.



"(13) Nothing in this section affects the right of the owner of copyright in a
work to grant a licence authorizing the body administering an educational
institution to make, or cause to be made, copies of the whole or part of the
work without infringement of that copyright.



"(14) In this section, a reference to a resource centre shall be read as a
reference to an institution that, for the purposes of the definition of
'educational institution' in section 10, is declared by the regulations to be
an institution to which paragraph (e) of that definition applies. Application
of Division to illustrations accompanying articles and other works

"53C. Where an article or other literary, dramatic or musical work is
accompanied by an artistic work or artistic works provided for the purpose of
explaining or illustrating the article or other work, the preceding sections
of this Division apply as if-

   (a)  where any of those sections provides that the copyright in the article
        or other work is not infringed-the reference to that copyright
        included a reference to any copyright in that artistic work or those
        artistic works;

   (b)  a reference in section 53A or 53B to a copy of an article or other
        work included a reference to a copy of the article or other work
        together with a copy of that artistic work or those artistic works;

   (c)  a reference in section 53A or 53B to a copy of a part of an article or
        other work included a reference to a copy of that part of the article
        or other work together with a copy of the artistic work or artistic
        works provided for the purpose of explaining or illustrating that
        part;

   (d)  a reference in section 53A to a copy of a page of a literary, dramatic
        or musical work in an edition of the work or of works that include
        that contained that work and an artistic work or artistic works
        provided for the purpose of explaining or illustrating that part of
        that work; and

   (e)  a reference in section 53A to a copy of pages of a literary, dramatic
        or musical work in an edition of that work or of works that include
        that work included a reference to a copy of pages in such an edition
        that contained a part of that work and an artistic work or artistic
        works provided for the purpose of explaining or illustrating that part
        of that work.



"Division 5B-Copying of works in institutions assisting handicapped readers
Multiple copying under statutory licence by institutions assisting handicapped
readers

"53D. (1) The copyright in a literary or dramatic work that has been published
is not infringed by the making, by or on behalf of the body administering an
institution assisting handicapped readers, of a record embodying a sound
recording of the work or of a part of the work, for use by a handicapped
reader for the purpose of research or study that he is undertaking or proposes
to undertake, or for the purpose of otherwise instructing himself on any
matter.



"(2) The copyright in a literary or dramatic work that has been published is
not infringed by the making, by or on behalf of the body administering an
institution assisting handicapped readers, of a Braille version, a large-print
version or a photographic version, of the work or of a part of the work, for
use by a handicapped reader for the purpose of research or study that he is
undertaking or proposes to undertake, or for the purpose of otherwise
instructing himself on any matter.



"(3) Where a sound recording of a work has been published, sub-section (1)
does not apply to the making of any record embodying a sound recording of the
work (including a record that is a copy of that first-mentioned sound
recording) for or on behalf of the body administering an institution assisting
handicapped readers unless the person who makes that record, or causes that
record to be made, is satisfied, after reasonable investigation, that no new
record that embodies only a sound recording of the work can be obtained within
a reasonable time at an ordinary commercial price.



"(4) Where a Braille version of a work has been separately published, sub-
section (2) does not apply to the making of a Braille version of the work, or
of a part of the work, unless the person who makes that version, or causes
that version to be made, for or on behalf of the body administering an
institution assisting handicapped readers is satisfied, after reasonable
investigation, that no new copy of a Braille version of the work, being a
version that has been separately published, can be obtained within a
reasonable time at an ordinary commercial price.



"(5) Where a large-print version of a work has been separately published,
sub-section (2) does not apply to the making of a large-print version of the
work, or of a part of the work, unless the person who makes the version, or
causes the version to be made, for or on behalf of the body administering an
institution assisting handicapped readers is satisfied, after reasonable
investi- gation, that no new copy of a large-print version of the work, being
a version that has been separately published, can be obtained within a
reasonable time at an ordinary commercial price.



"(6) Where a photographic version of a work has been separately published,
sub-section (2) does not apply to the making of a photographic version of the
work, or of a part of the work, unless the person who makes the version, or
causes the version to be made, for or on behalf of the body administering an
institution assisting handicapped readers is satisfied, after reasonable
investi- gation, that no new copy of a photographic version of the work, being
a version that has been separately published, can be obtained within a
reasonable time at an ordinary commercial price.



"(7) Sub-sections (1) and (2) do not apply to the reproduction of the whole or
a part of an article contained in a periodical publication by way of the
making, by or on behalf of the body administering an institution assisting
handicapped readers, of a handicapped reader's copy of the article or of that
part of the article unless there is made, by or on behalf of that body, as
soon as practicable after the making of that copy, a record of the copying
setting out-

   (a)  if the International Standard Serial Number in respect of the
        periodical publication is recorded in the periodical publication-that
        number;

   (b)  if the International Standard Serial Number in respect of the
        publication is not so recorded-the name of the periodical publication;

   (c)  the title or description of the article;

   (d)  the name of the author of the article (if that name is known);

   (e)  the volume, or volume and number, as the case requires, of the
        periodical publication containing the article;

   (f)  the page numbers of the pages in that volume, or in that number of
        that volume, that have been copied, or, in a case where a page so
        copied does not bear a page number, such description of the page as
        will enable it to be identified;

   (g)  the date on which the copy has been made;

   (h)  the form in which the copy has been made; and

   (j)  particulars of such other matters as are prescribed.



"(8) Sub-sections (1) and (2) do not apply to the reproduction of the whole or
a part of a work (not being an article contained in a periodical publication)
by way of the making, by or on behalf of the body administering an institution
assisting handicapped readers, of a handicapped reader's copy of the work or
of that part of the work unless there is made, by or on behalf of that body,
as soon as practicable after the making of that copy, a record of the copying
setting out-

   (a)  if the International Standard Book Number in respect of the work is
        recorded in the edition of the work copied-that number;

   (b)  if the International Standard Book Number in respect of the work is
        not so recorded-

        (i)    the title or description of the work;

        (ii)   the name of the publisher of the edition of the work; and

        (iii)  the name of the author of the work (if that name is known);

   (c)  the page numbers of the pages in the edition of the work that have
        been reproduced, or, in a case where a page so reproduced does not
        bear a page number, such description of the page as will enable it to
        be identified;

   (d)  the date on which the copy has been made;

   (e)  the form in which the copy has been made; and

   (f)  particulars of such other matters as are prescribed.



"(9) For the purposes of sub-sections (7) and (8), a record of the copying of
a work or a part of a work-

   (a)  may be kept in writing or in any other manner prescribed by the
        regulations; and

   (b)  if it is kept in writing, shall be in accordance with the prescribed
        form.



"(10) Where a handicapped reader's copy of the whole or a part of a work is
made by or on behalf of the body administering an institution assisting
handicapped readers and, by virtue of this section, the making of that copy
does not infringe copyright in the work, that body shall, if the owner of the
copyright in the work makes a request, in writing, at any time during the
prescribed period after the making of the copy, for payment for the making of
the copy, pay to the owner such an amount by way of equitable remuneration for
the making of that copy as is agreed upon between the owner and the body, or,
in default of agreement, such amount as is determined by the Copyright
Tribunal on the application of either the owner or the body.



"(11) Where the Copyright Tribunal has determined the amount of equitable
remuneration payable to the owner of copyright in a work by the body
administering an institution assisting handicapped readers in relation to a
handicapped reader's copy of the whole or a part of that work that has been
made by or on behalf of that body in reliance on this section, the owner may
recover that amount from the body in a court of competent jurisdiction as a
debt due to him.



"(12) Notwithstanding any other provision of this Act, copyright shall not
vest in the maker of the handicapped reader's copy by reason of his making
that copy.



"(13) Nothing in this section affects the right of the owner of copyright in a
work to grant a licence authorizing the body administering an institution
assisting handicapped readers to make, or cause to be made, sound recordings
of, or Braille, large-print or photographic versions of, the whole or a part
of the work without infringement of that copyright.



"(14) For the purposes of this section, a record, or a Braille version, a
large-print version or a photographic version, of a work shall be taken to be
a new record, or a new Braille version, a new large-print version or a new
photographic version, of the work, as the case may be, if it is not a
second-hand record, or a second-hand Braille version, a second-hand
large-print version or a second-hand photographic version, of the work, as the
case may be.



"(15) In this section, a reference to a photographic version of a work or a
part of a work shall be read as a reference to a copy or copies of the work or
a part of a work produced as a film-strip or series of separate transparencies
designed to meet the needs of handicapped readers.".