Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT 5

5. Section 10 of the Principal Act is amended-

(a) by inserting after the definition of "adaption" the following definition:



"'archives' means-

   (a)  archival material in the custody of-

        (i)    the Australian Archives;

        (ii)   the Archives Office of New South Wales established by the
               Archives Act 1960 of the State of New South Wales;

        (iii)  the Public Record Office established by the Public Records Act 
               1973 of the State of Victoria; or

        (iv)   the Archives Office of Tasmania established by the Archives Act
               1965 of the State of Tasmania; or

   (b)  a collection of documents or other material to which this paragraph
        applies by virtue of sub-section (4);";

   (b)  by inserting after the definition of "author" the following
        definition:



"'authorized officer', in relation to a library or archives, means the officer
in charge of that library or archives or a person authorized by that officer
to act on his behalf;";

   (c)  by inserting after the definition of "calendar year" the following
        definition:



"'central records authority' means a body, whether incorporated or
unincorporated-

   (a)  which is established for the purpose of holding records that are
        deposited with it under section 203B or 203G in respect of copies of
        works and parts of works made by educational institutions in reliance
        on section 53B and by institutions assisting handicapped readers in
        reliance on section 53D; and

   (b)  which is declared by the regulations to be a central records authority
        for the purposes of this Act;";

   (d)  by inserting after the definition of "drawing" the following
        definition:



"'educational institution' means-

   (a)  a school or similar institution at which full-time primary education
        or full-time secondary education is provided or both full-time primary
        education and full-time secondary education are provided;

   (b)  a university, a college of advanced education or a technical and
        further education institution;

   (c)  an institution, other than an institution referred to in paragraph (a)
        or (b), that conducts courses of primary, secondary or tertiary
        education by correspondence or on an external study basis;

   (d)  an institution (other than an institution referred to in paragraph
        (a), (b) or (c)) which has, as its principal function, the provision
        of courses of study or training for the purpose of general education
        or of preparation for a particular occupation or profession and is
        declared by the regulations to be an institution to which this
        paragraph applies; or

   (e)  any other institution which has, as its sole or principal function,
        the furnishing of material to educational institutions included in a
        class of educational institutions referred to in paragraphs (a), (b),
        (c) and (d) of this definition for the purpose of assisting the
        institutions in their teaching purposes and is declared by the
        regulations to be an institution to which this paragraph applies, but
        does not include an institution that is conducted for the profit,
        direct or indirect, of an individual or individuals;";

   (e)  by inserting after the definition of "future copyright" the following
        definition:



"'handicapped reader' means-

   (a)  a blind person;

   (b)  a person suffering severe impairment of his sight;

   (c)  a person unable to hold or manipulate books or to focus or move his
        eyes; or

   (d)  a person suffering from a perceptual handicap;";

   (f)  by inserting after the definition of "infringing copy" the following
        definition:



"'institution assisting handicapped readers' means-

   (a)  an educational institution; or

   (b)  any other institution, not being an institution conducted for the
        profit, direct or indirect, of an individual or individuals, that has
        as its principal function, or one of its principal functions, the
        provision of literary or dramatic works to handicapped readers and
        that is declared by the regulations to be, for the purposes of this
        Act, an institution assisting handicapped readers;";

   (g)  by inserting after the definition of "manuscript" the following
        definition:



"'officer in charge' means-

   (a)  in relation to archives-the archivist or other person having, for the
        time being, immediate care and control of the collection comprising
        the archives;

   (b)  in relation to a central records authority-the person having, for the
        time being, immediate care and control of the records deposited with
        the authority; and

   (c)  in relation to a library-the librarian or other person having, for the
        time being, immediate care and control of the collection comprising
        the library;";

(h) by omitting "and also includes the administration of a Territory" from
the definition of "the Crown" and substituting "and the Crown in right of the
Northern Territory and also includes the Administration of a Territory other
than the Northern Territory"; and

   (j)  by adding at the end thereof the following sub-sections:



"(2) Without limiting the meaning of the expression 'reasonable portion' in
this Act, where a literary, dramatic or musical work is contained in a
published edition of that work, being an edition of not less than 10 pages, a
copy of part of that work, as it appears in that edition, shall be taken to
contain only a reasonable portion of that work if the pages that are copied in
the edition-

   (a)  do not exceed, in the aggregate, 10% of the number of pages in that
        edition; or

   (b)  in a case where the work is divided into chapters-exceed, in the
        aggregate, 10% of the number of pages in that edition but contain only
        the whole or part of a single chapter of the work.



"(3) In this Act, unless the contrary intention appears-

   (a)  a reference to the body administering an educational institution, an
        institution assisting handicapped readers or a central records
        authority shall be read as-

        (i)    in a case where the institution or authority is a body
               corporate-a reference to the institution or authority, as the
               case may be; or

        (ii)   in any other case-a reference to the body or person (including
               the Crown) having ultimate responsibility for the
               administration of the institution or authority, as the case may
               be;

   (b)  a reference to the body administering a library or archives shall be
        read as a reference to the body (whether incorporated or not), or the
        person (including the Crown), having ultimate responsibility for the
        administration of the library or archives;

   (c)  a reference to a copy of a sound recording shall be read as a
        reference to a record embodying a sound recording or a substantial
        part of a sound recording being a record derived directly or
        indirectly from a record produced upon the making of a sound
        recording;

   (d)  a reference to the copying records of an educational institution or an
        institution assisting handicapped readers shall be read as a reference
        to the collection of-

        (i)    the relevant records in respect of copies of articles and other
               works made by or on behalf of the body administering the
               institution in reliance on section 53B; and

        (ii)   the relevant records in respect of copies of articles and other
               works made by or on behalf of the body administering the
               institution in reliance on section 53D, other than any such
               records as have been duly destroyed by, or by authority of, the
               body administering that institution;

   (e)  a reference to the Crown in right of a State shall be read as
        including a reference to the Crown in right of the Northern Territory;

   (f)  a reference to the custodian in charge of the copying records of an
        educational institution or an institution assisting handicapped
        readers shall be read as a reference to the person having
        responsibility for the day-to-day administration of the institution;

   (g)  a reference to the making, by reprographic reproduction, of a copy of
        a document, or of the whole or a part of a work, shall be read as a
        reference to the making of a facsimile copy of the document or the
        whole or that part of the work, being a facsimile copy of any size or
        form;

   (h)  a reference to a handicapped reader's copy of a work, or of a part of
        a work, shall be read as a reference to-

        (i)    a record embodying a sound recording of the work, or of the
               part of the work, being a record that was made by, or on behalf
               of, the body administering an institution assisting handicapped
               readers 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 instructing himself on any
               matter; or

        (ii)   a Braille version, large-print version or photographic version
               of the work, or of the part of the work, being a Braille
               version , large-print version or photographic version as the
               case may be, made by, or on behalf of, the body administering
               the institution assisting handicapped readers 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
               instructing himself on any matter;

   (j)  a reference to a microform copy of the whole or a part of a work shall
        be read as reference to a copy of the whole or a part of the work
        produced by miniaturizing the graphic symbols of which the work is
        composed;

   (k)  a reference to a periodical publication shall be read as a reference
        to an issue of a periodical publication and a reference to articles
        contained in the same periodical publication shall be read as a
        reference to articles contained in the same issue of that periodical
        publication;

   (l)  a reference to a record embodying a sound recording shall be read as a
        reference to-

   (a)  a record produced upon the making of a sound recording; or

   (b)  another record embodying the sound recording directly or indirectly
        derived from a record so produced;

   (m)  a reference to a relevant record, or a relevant declaration, in
        relation to the making, in reliance on a particular section-

        (i)    of a copy, or a handicapped reader's copy , of the whole or a
               part of a work; or

        (ii)   of a copy of a sound recording, shall be read as a reference to
               any record or declaration of a kind referred to in that section
               that is required by this Act to be made in relation to the
               making of that copy; and

   (n)  a reference to a State shall be read as including a reference to the
        Northern Territory and a reference to a Territory shall be read as not
        including a reference to the Northern Territory.



"(4) Where-

   (a)  a collection of documents or other material of historical significance
        or public interest that is in the custody of a body, whether
        incorporated or unincorporated, is being maintained by the body for
        the purpose of conserving and preserving those documents or other
        material; and

   (b)  the body does not maintain and operate the collection for the purpose
        of deriving a profit, paragraph (b) of the definition of 'archives' in
        sub-section (1) applies to that collection."