Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1991 No. 174 of 1991 - SECT 5

5. After section 44 of the Principal Act the following section and note are
inserted in Division 3 of Part III: Importation etc. of books

"44A. (1) The copyright in an overseas work first published on or after the
commencing day is not infringed by a person who, without the licence of the
owner of the copyright, imports a non-infringing book into Australia for a
purpose mentioned in paragraph 37 (a), (b) or (c).

"(2) Subject to this section, the copyright in:

   (a)  an overseas work first published before the commencing day; or

   (b)  a work first published in Australia, whether before, on or after the
        commencing day; is not infringed by a person who, without the licence
        of the owner of the copyright, imports a copy (in this subsection
        called the `imported copy') of a hardback or paperback version of a
        non-infringing book into Australia for a purpose mentioned in
        paragraph 37 (a), (b) or (c) if:

   (c)  the person had ordered in writing from the copyright owner, or the
        owner's licensee or agent, one or more copies of that version of the
        book (not being second-hand copies or more copies than were needed to
        satisfy the person's reasonable requirements); and

   (d)  when the person ordered the imported copy, the original order
        mentioned in paragraph (c) had not been withdrawn or cancelled by, or
        with the consent of, the person and:

   (i)  at least 7 days had elapsed since the person placed the original order
        and the copyright owner, licensee or agent had not notified the person
        in writing that the original order would be filled within 90 days
        after it was placed; or

   (ii) at least 90 days had elapsed since the person placed the original
        order and the copyright owner, licensee or agent had not filled the
        order.

"(3) The copyright in a published work (whether first published before, on or
after the commencing day) is not infringed by a person who, without the
licence of the owner of the copyright, imports a single copy of a
non-infringing book into Australia if the importation is for the purpose of
filling a written order, or a verifiable telephone order, by a customer of the
person and:

   (a)  in the case of a written order, the order contains a statement, signed
        by the customer; or

   (b)  in the case of a telephone order, the customer makes a verifiable
        statement; to the effect that the customer does not intend to use the
        book for a purpose mentioned in paragraph 37 (a), (b) or (c).

"(4) The copyright in a published work (whether first published before, on or
after the commencing day) is not infringed by a person who, without the
licence of the owner of the copyright, imports 2 or more copies of a
non-infringing book into Australia if:

   (a)  the importation is for the purpose of filling a written order, or a
        verifiable telephone order, placed with the person by or on behalf of
        a library, other than a library conducted for the profit (direct or
        indirect) of a person or organisation; and

   (b)  in the case of a written order - the order contains a statement,
        signed by the person placing the order, to the effect that the library
        does not intend to use any of the books for a purpose mentioned in
        paragraph 37 (a), (b) or (c); and

   (c)  in the case of a telephone order - the person placing the order makes
        a verifiable statement to the effect referred to in paragraph (b); and

   (d)  the number of copies so imported is not more than the number of copies
        so ordered.

"(5) Without limiting the ways in which a telephone order under subsection (3)
or (4), or a statement under paragraph (3) (b) or (4) (c) relating to such an
order, may be verified, such an order or statement is, for the purposes of
this section, taken to be verifiable if the person who takes the order, or to
whom the statement is made, makes a written note of the details of the order
or statement when, or immediately after, the order is placed, or the statement
is made, as the case may be.

"(6) Where:

   (a)  a book is imported into Australia for a purpose mentioned in paragraph
        37 (a), (b) or (c); and

   (b)  the importation does not, under this section, constitute an
        infringement of copyright in a published work; the use of the book for
        any such purpose does not constitute an infringement of the copyright
        in the work and subsection 38 (1) does not apply to the book.

"(7) Subsection (2) does not apply to the importation of a copy of a hardback
version of a non-infringing book into Australia if the copyright owner, or his
or her licensee or agent, is able to supply in Australia enough copies of a
paperback version of the book to fill any reasonable order.

"(8) For the purposes of paragraph (2) (d), a copyright owner, licensee or
agent is not taken to have filled an order by a person for one or more copies
of a version of a book unless and until the copyright owner, licensee or agent
sends the copy, or all of the copies, as the case requires, to the person.

"(9) In this section:
`book' does not include:

   (a)  a book whose main content is one or more musical works, with or
        without any related literary, dramatic or artistic work; or

   (b)  a manual sold with computer software for use in connection with that
        software; or

   (c)  a periodical publication;
`commencing day' means the day on which the Copyright Amendment Act 1991
commences; `overseas work' means a work:

   (a)  that was first published in a country other than Australia; and

   (b)  that was not published in Australia within 30 days after its first
        publication in that other country.

"Note: A work may, for the purposes of this Act, be `first published' in
Australia if it is published in Australia within 30 days of an earlier
publication elsewhere. For the meaning of `first publication', see section 29
and, in particular, subsection 29 (5).".