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78-584: The Copyright Act 1968 (Cth) is the single Act mandating copyright policy for government and non-government works in Australia. Sections 176(2) and 177 of the Act provide that the Australian Government or a government of an Australian state or territory owns copyright in an original literary, dramatic, musical or artistic work: Copyright in such copyright material subsists until 50 years after

156-533: A "flexible and open" Fair Use system into Australian copyright law. From 1998 to 2017 there have been eight Australian government inquiries which have considered the question of whether fair use should be adopted in Australia. Six reviews have recommended Australia adopt a "Fair Use" model of copyright exceptions: two enquiries specifically into the Copyright Act (1998, 2014); and four broader reviews (both 2004, 2013, 2016). One review (2000) recommended against

234-551: A copyright exception allowing parody and satire , and an exception to allow certain non-commercial use by public sector institutions like universities, schools, art galleries and archives, provided that an Australian court decides an exception would be consistent with the Berne three-step test . The other notable change made by the Act was to expand the provisions concerning criminal copyright infringement. The Act introduced strict liability offences for some copyright infringements, and

312-484: A later time with family or friends, and to format-shift their music (make copies from CDs onto personal computers and portable music players). Unlike some countries in Europe, or Canada, there is no fee or licence payment on players to compensate copyright owners for these private copies, although the exceptions are narrowly defined and do not allow, for example, making copies for friends or family. The Act also introduced

390-469: A number of additional specific exceptions which permit uses which may fall outside of both fair dealing and fair use. For example, a number of exceptions exist which permit specific uses of computer software. While Australian copyright exceptions are based on the Fair Dealing system, Since 1998 a series of Australian government inquiries have examined, and in most cases recommended, the introduction of

468-637: A number of occasions. The first major review occurred in 1974 when the Whitlam government appointed the Copyright Law Committee, chaired by Justice Franki, to examine the impact of reprographic reproduction on copyright law in Australia. The committee was also asked to examine the impact of photocopying and "to recommend any alterations to the Australian copyright law to effect a proper balance of interest between owners of copyright and

546-681: A range of inquiries into many aspects of copyright law. A key driver for those reviews was the establishment of the Copyright Law Review Committee (CLRC) in 1983 as an advisory body for copyright reform. The CLRC was disbanded in 2005 by the Australian government after it had produced a number of reports. Notable reports include: The meaning of Publication in the Copyright Act (1984), Use of Copyright materials by Churches (1985), Performers' Protection (1987), Moral Rights (1988), Report of Journalists' Copyright (1994), Computer Software Protection (1994), Simplification of

624-590: A request on publications.gc.ca. While raw data is free from copyright protection – the creation of any work based on raw data (for example, in a geographical information system ) is protected. There was an e-petition submitted to the House of Commons in 2017, which asserts that the Canadian Crown Copyright protocol needs to be updated to allow access and distribution rights to Canadians. The e-petition argues that "access to government information and

702-524: A system of "Infringement Notices" (on-the-spot fines). The stated aim of these provisions is to make copyright easier to enforce, particularly against commercial infringers. After concerns from user groups and the Senate Standing Committee on Legal and Constitutional Affairs, many strict liability offences that would have applied to non-commercial acts were removed from the final bill. The Statute Law Revision Act (No. 1) 2016 amended

780-474: A variety of open data portals for GIS data as well as a geographical information licence. In Canada, open data projects can also provide some content. Aside from specialized GIS licensing, licence negotiations and agreements must be made to the Crown Copyright and Licensing department. Anyone in need of crown copyrighted material must submit a request for permission. Those seeking printed works may submit

858-466: Is allowed. The reproduction of statutes, consolidations of legislation, judicial reasons for judgments, and administrative tribunal decisions is covered by the Reproduction of Federal Law Order" the reproduction of primary law is also permissible as long as it is represented as a reproduction and is accurate. There is also open access online to versions of case law and statutes. Canada has implemented

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936-737: Is based on the authority of section 51(xviii) of the Australian Constitution . Copyright law in Australia is federal law and established by the Australian Parliament . Historically, Australian copyright law followed British copyright law , but now also reflects international standards found in the Berne Convention for the Protection of Literary and Artistic Works , other international copyright agreements and multilateral treaties, and more recently,

1014-460: Is considering the implementation of open licences for works protected by Crown copyright. Copyright law of Australia#Copyright Act 1968 The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law . The scope of copyright in Australia is defined in the Copyright Act 1968 (as amended), which applies

1092-416: Is entitled to place a notice. It is useful in publishing the date of first publication and the owner. Where a copyright notice is used, the onus in infringement proceedings is on the defendant to show that copyright does not subsist or is not owned by the person stated in the notice. The Australian Commonwealth and State governments routinely own copyright in Australia. While this could be seen as being due to

1170-503: Is exercised in ensuring the accuracy of the materials reproduced. Commercial use: Reproduction of materials at this site, in whole or in part, for the purposes of commercial redistribution is prohibited except with written permission from the Queen's Printer. To obtain permission, mail or e-mail your request to the Queen's Printer directly. The materials on this site are protect by the Copyright Act. Reproduction of any materials requires

1248-466: Is longer than the "plus 50" minimum required by the Berne Convention and still applicable in many other jurisdictions, including New Zealand, Papua New Guinea, and many other Commonwealth countries, as well as China, Japan, and South Korea. The extension to "plus 70" does not apply to Crown copyright, to which the "plus 50" rule continues to apply. Similar to the foreign reciprocity clause in

1326-471: Is no longer an infringement of copyright to record a broadcast to watch or listen at a more convenient time (s 111), or to make a copy of a sound recording for private and domestic use (e.g., copy onto a portable media player) (s 109A), or make a copy of a literary work, magazine, or newspaper article for private use (43C). Australia also has: Because Australian copyright law recognises temporary copies stored in computer memory as "reproductions" falling within

1404-623: Is no requirement to seek permission and there are no fees to be paid for reproductions of the statutes and regulations for personal use. The electronic versions of the statutes and regulations may not be copied for the purpose of resale in this or any other form without the written consent of the Territorial Printer. Crown copyright in New Zealand is defined by Sections 2(1), 26 and 27 of the Copyright Act 1994 . The Crown

1482-439: Is no right to control public display of artistic works). Owners of copyright in other subject matter have the exclusive right to make copies, to communicate them to the public, and to cause them to be heard/seen in public. Infringement occurs where a person does an act falling within the copyright owner's exclusive rights, without the authorisation of the copyright owner (assuming that one of the exceptions does not apply). Before

1560-589: Is not permitted. Copyright must be acknowledged in the following form: © Government of Yukon 2011 The legislative material in the consolidations may be used for a non-commercial purpose without seeking permission, provided that it is accurately reproduced and includes an acknowledgment of the Government of the Northwest Territories as its source. Reproduction of the legislative material is permitted, in whole or in part, and by any means. There

1638-476: Is the author, the first owner of copyright is the employer (this is slightly different from the US works-made-for-hire doctrine: in Australia, duration of copyright is still measured by the lifetime of the employee author). In 2004–2005, Australia also introduced some complicated provisions that give performers part ownership rights in sound recordings, and directors some limited ownership rights in relation to films. In

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1716-648: Is the first owner of any copyright subsisting in any work created by a person who is employed or engaged by the Crown, under a contract of service, apprenticeship, or a contract for services. It covers works of the King in right of New Zealand, Ministers of the Crown, offices of Parliament and government departments. The term is 100 years. Crown copyright would apply as long as no other copyright agreement had been made. In 2001, primary law and other official works were removed from Crown copyright protection. Like Australia, New Zealand

1794-601: Is the owner of copyright in information on this Web site, government hereby grants permission for the information of this web site to be used by the public and non-government organizations. Persons and organizations using this information agree to indemnify and save harmless the Government of Newfoundland and Labrador against any claims or actions of any kind or manner resulting from its use. The Government of Newfoundland and Labrador uses multi-media, i.e. graphics, audio and visual materials, on this Web site with permission of third party copyright holders. Reproduction of such materials

1872-780: The Commonwealth . Australian copyright law originates in British copyright law which was established by the British parliament through the Australian Courts Act 1828. The British Statute of Anne 1709, which awarded copyright protection to books, acted as a blueprint for the extension of copyright to new types of subject matter in the 18th and 19th Century. When copyright law was introduced into Australia in 1828 British copyright law had been extended beyond literary property to include engravings and sculptures . Over

1950-481: The Copyright Act 1968 on 17 February 2016, by which the federal legal deposit provisions were extended to cover electronic publications of all types. and most states and territories are reviewing or amending existing legislation to extend to digital publications as well. Under the legislation (section 195CD (1) (c) (i)), publishers are required to deposit digital publications without Technological Protection Measures (TPM) or Digital Rights Management (DRM) ; that is,

2028-669: The Copyright Act 1968 , any literary, dramatic, musical or artistic work that was published after the death of the author will continue to subsist under copyright 70 years after the year of first publication. For example, if a work is published 10 years after the author's death, copyright would subsist for 70 years after first publication, that is 80 years after the author's death. It should also be noted indefinite copyright does not apply to artistic works. Photographs, sound recordings, films, and anonymous/pseudonymous works are copyrighted for 70 years from their first publication. Television and sound broadcasts are copyright for only 50 years after

2106-586: The Ergas Report 2000, long title Report on Intellectual Property legislation under Competition Principles Agreement . The Copyright Amendment Act 2006 made changes required by the US-Australia Free Trade Agreement . In particular, it strengthened anti-circumvention laws, for the first time making it illegal in Australia to circumvent technical measures used by copyright owners to restrict access to their works, and expanding

2184-521: The European Union copyright law , the change to the "plus 70" rule is not retroactive, so that if copyright has expired before the coming into force of the amendment it is not revived. The result is that: Additionally, section 210 of the Copyright Act 1968 prevents copyright from arising in works that were published before 1 May 1969 where those works were not themselves subject to copyright at that time. In Australia, according to section 33 of

2262-607: The U.S.-Australia Free Trade Agreement . The Copyright Act 1968 also covers legal deposit , which requires that Australian publishers must lodge copies of their publications in the National Library of Australia and their respective state libraries, depending on location. Australian copyright law has historically been influenced by British copyright law and International copyright agreements . In turn Australian copyright law has influenced copyright law in Britain and

2340-589: The Victorian Government used Crown copyright to deny public access to data about the Black Saturday bushfires . Normally, copyright in Canada "exists for the life of the author/creator, the remainder of the calendar year in which he is deceased, plus fifty years after the end of that calendar year". For Crown copyright however, there is a slight difference. Canadian Crown copyright is based on

2418-726: The types of material , Australian law confers rights in works, also known as "Part III Works" (after the Part of the Act dealing with this): namely, literary works, musical works, artistic works, and dramatic works. It also confers rights in "other subject matter" (Part IV Subject Matter), which cover the kinds of material protected in some countries by 'neighbouring rights': sound recordings, films, broadcasts, and published editions. To be protected, material must fall into one of these exclusive categories. The rights in Part IV subject matters are more limited, because infringement requires exact copying of

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2496-520: The 2004 Amendments, Australia used a "plus 50" rule to determine when a work entered the public domain . Put simply, a "work" (i.e. a literary, dramatic, musical or artistic work) entered the public domain 50 years following the year of the creator's death, with exceptions. The Amendments changed the benchmark to "plus 70", which brought Australia into line with the United States of America, the European Union , and certain other jurisdictions, but

2574-503: The Australia's free trade agreement with Singapore, and the Australia-United States Free Trade Agreement . Copyright is free and automatic upon creation of the work. In general, the first owner of copyright will be the author (for literary, musical, dramatic and artistic works) or producer (for sound recordings and films) or broadcaster (for broadcasts). Under Australian law, where an employee

2652-652: The British imperial copyright system on 1 July 1912 when the Australian Copyright Act 1912 adopted the British Copyright Act 1911 . The British 1911 Act applied throughout the British Empire , including independent countries such as Australia, Canada, New Zealand and South Africa. The 1911 Act made important changes in copyright law and practice. The 1911 Act abolished common law copyright in unpublished works, hence completing

2730-456: The Copyright Act", maintaining Crown copyright long after the normal 50-year period. Crown copyright exists for a variety of reasons, such as to ensure accuracy and integrity, to control symbols used to identify the Crown and its agents, as well as to supervise and control the publication of government works as the public's trustee. In Canada, Crown copyright also applies to "primary law, but there are certain circumstances however when reproduction

2808-739: The Copyright Act: Part 1 (1998), Simplification of the Copyright Act: Part 2 (1999), Jurisdiction and Procedures of the Copyright Tribunal (2002), Copyright and Contract (2002) and Crown Copyright (2005). The CLRC also published reports on specific areas of copyright, including Highways to Change: Copyright in the New Communications Environment: report by the Copyright Convergence Group on technological advancement and

2886-441: The Copyright Law Review Committee's report. The chief recommendation was to end the distinction between the Crown and other copyright holders. In particular, the committee was "emphatic" that the Crown should lose its unique position of gaining copyright over material whenever it is the first publisher of such material. For example, a previously unpublished short story, upon being published in a government work, would cease to belong to

2964-467: The Internet is that a work may be in the public domain in the US but not in Australia, or vice versa. It is important to note that except for the works falling under the " Rule of the shorter term ", copyright does not depend on the country of origin, the country of publication, or the nationality of the author. A work published in the US by a British author may still be in the public domain in Australia if

3042-578: The National Library of Australia as well as in the state or territory library in their jurisdiction. Until the 21st century, this has applied to all types of printed materials (and in some states, to audio-visual formats as well). On 17 February 2016, the federal legal deposit provisions were extended to cover electronic publications of all types. Most states and territories are as of 2020 reviewing or amending existing legislation to extend to digital publications as well. The 1980s and 1990s saw

3120-639: The Province of Manitoba. For requests relating to the reproduction of provincial legislation, permission is subject to the conditions outlined in the Manitoba Laws Notification web page. Permission To request permission to reproduce all or part of the material on this website, please complete the Copyright Permission Request Form. © Queen's Printer for Ontario, 20__.* The year of first publication of

3198-431: The Queen's Printer, owns and retains the copyright for New Brunswick's legislation. Permission to reproduce Non-Commercial use: The legislation on this site has been posted with the intent that it be readily available for personal, educational and public non-commercial use and may be reproduced, in whole or in part and by any means, without charge or further permission from the Queen's Printer, provided due diligence

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3276-557: The US and European Union , but this change was not made retroactive (unlike the 1995 change in the European Union which brought some, e.g. British authors, back into copyright). The consequence is that the work of an Australian author who died before 1955 is normally in the public domain in Australia. However the copyright of authors was extended to 70 years after death for those who died in 1955 or later, so that no more Australian authors will come out of copyright until 1 January 2026 (i.e. those who died in 1955). The Australian legislation

3354-655: The ability of legislation to cope with change (1994), Stopping the Rip-Offs: intellectual Property Protection for Aboriginal & Torres Strait Islander Peoples (1994), the Simpson Report 1995, long title Review of Australian Copyright Collecting Societies , the Bently and Sherman Report 1995, long title Performers' Rights: Options for Reform , the Janke Report 1999 , long title Our Culture, Our Future , and

3432-621: The ability to distribute and encourage its reuse" is critical to society. The petition also states that Crown copyright issues have prevented libraries from engaging in the access and preservation of government information. Following the 2017 petition, the House of Commons formally responded and highlighted the review of the Copyright Act, which began in June 2018 and will resume September 2018. Specific terms and conditions are as follows: Libraries may make single photocopies of specific acts or regulations, in whole or in part, in response to requests from

3510-468: The actual subject matter (sound-alikes or remakes are not covered). In terms of the exclusive rights , different kinds of subject matter have different rights. Owners of copyright in works have rights to reproduce, publish (meaning publish for the first time), perform, and adapt the work, and communicate it to the public (including broadcast, or communicate by making available online). The rights of owners of copyright in artistic works are more limited (there

3588-535: The advance written permission of the Government of Prince Edward Island, or the original creator, where applicable. To request permission, contact the web content team of Communications PEI using the website comments and suggestions form and detail your request in the comments section. Visit the Tourism PEI website for information on use of Tourism PEI stock images by industry and media. Non-commercial reproduction Information on this site has been posted with

3666-462: The advance written permission of the Government of Saskatchewan. Crown copyright should continue to be acknowledged in the following form: © 2011, Government of Saskatchewan. Copyright © 2011, Province of Manitoba All rights reserved This material is owned by the Manitoba government and protected by copyright law. It may not be reproduced or redistributed without the prior written permission of

3744-552: The author and would instead become Crown copyright, denying the author any future royalties or rights to it. The 2005 report issued by Australia's Copyright Law Review Committee supports a repeal of Crown copyright provisions, which would "respect statutory provisions respecting employer ownership of works authored by employees and contractual arrangements for assigning copyright in commissioned works." By 2009, there were recommendations to change Crown copyright, allowing Crown copyrighted works to be licensed and given open access. In 2009,

3822-420: The author died more than 70 years ago or died before 1955, whichever is the shorter. The main exceptions to copyright infringement in Australia come under the general heading fair dealing . It is a use of a work specifically recognised as not being a copyright violation. In order to be a fair dealing under Australian law a use must fall within a range of specific purposes. These purposes vary by type of work, but

3900-473: The author's death if the author is known, or 70 years after creation otherwise. The period of 70 years is counted from the end of the relevant calendar year. The United States Sonny Bono Copyright Term Extension Act (1998) defines an entirely different rule based on the year of first publication in the USA. Generally, anything published before 1926 is in the public domain . An interesting consequence of this for

3978-404: The calendar year in which the material is made (s. 180). Copyright in legislation and court or tribunal judgments, orders or awards is not infringed by making one copy of the whole of a work or part of it, provided the copy is not sold for a price that exceeds the actual costs of copying (s. 182A(3)). An extensive review was carried out in 2004 and the findings were published in 2005 in

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4056-406: The case of a photograph commissioned for a "private or domestic purpose", the copyright will be owned by the commissioner of the work. The "private and domestic purposes" condition took effect on 30 July 1998, prior to this the copyright of all commissioned photographs was assigned to the commissioner. A copyright notice (©) is not required on a work to gain copyright, but only the copyright owner

4134-557: The concept of royal prerogative and "is not subject to the usual statutory copyright term". This prerogative is referenced at the outset of section 12 of the Copyright Act , which states that this section is made "Without prejudice to any rights or privileges of the Crown". Crown copyright covers all works that are "prepared or published by or under the direction or control of Her Majesty or any government department." In this way, "work produced by government departments, whether published or unpublished, may be protected either permanently or at

4212-442: The concept of the Crown being traditionally paramount rather than the people, it is more influenced by the then British Commonwealth acting as a copyright policy-making body in the 1950s, which was the basis of the Copyright Act 1968 . The Australian government does not infringe copyright if its actions (or those of an authorised person) are for the government. A "relevant collecting society" may sample government copies and charge

4290-432: The copy must contain all content and functionality, without protection measures such as password protection or subscription paywalls. Australian copyright law has been influenced significantly by the structure of English law, in addition to the Berne Convention and other international copyright treaties. Thus there is an exhaustive set of types of material protected, and an exhaustive set of exclusive rights. In terms of

4368-535: The copyright owner's exclusive rights, there are also various exceptions for temporary copies made in the ordinary course of use or communication of digital copies of works. In 2000, moral rights were recognised in Australian copyright legislation under the Copyright Amendment (Moral Rights) Act 2000 . Only individuals may exercise moral rights. The moral rights provided under Australian law now are: There have been various proposals in Australia for

4446-402: The course of the 19th century it was extended to other works, including paintings , drawings and photographs . Prior to Australia's federation in 1901, a number of Australian Colonies , later states, had enacted copyright laws. In part this was done to mitigate the inadequacy of the protection afforded to Australian authors by British copyright law . The state laws continued to apply after

4524-611: The federal Commonwealth of Australia was established in 1901. The laws operated in concurrency with the British copyright law that was in force in the colonies. The Australian Constitution gives the federal parliament power to make laws relating to copyright and intellectual property , concurrently with the states. Section 51(xviii) of the Commonwealth Constitution provides that "the Parliament shall, subject to this Constitution, have power to make laws for

4602-416: The intent that it be readily available for personal and public non-commercial use and may be reproduced, in part or in whole and by any means, without charge or further permission from the Government of Prince Edward Island. The Government of Newfoundland and Labrador is the owner of copyright in all information found on this Web site unless otherwise stated. Where the Government of Newfoundland and Labrador

4680-748: The introduction of fair use and another (2005) issued no final report. Two of the recommendations were specifically in response to the stricter copyright rules introduced as part of the Australia–United States Free Trade Agreement (AUSFTA), while the most recent two, by the Australian Law Reform Commission (ALRC) and the Productivity Commission (PC) were with reference to strengthening Australia's "digital economy". In late 2006, Australia added several 'private copying' exceptions. It

4758-523: The lack of a "foundation of interaction between Indigenous community and user of the ICMR" in the draft bill. From mid-2007, performers were granted moral rights in recordings of their performances, similar, but not identical, to the moral rights granted to authors. These were introduced as a result of Australia's ratification of the WIPO Performances and Phonograms Treaty , which was required by

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4836-407: The law. Unless otherwise noted materials may be reproduced for non-commercial purposes. The materials must be reproduced accurately and the reproduction must not be represented as an official version. As a general rule, information materials may be used for non-profit and personal use. There are important exceptions to this general rule: Reproduction of any materials for commercial purposes requires

4914-418: The legal materials is to be completed. The Legislation Act, 2006 sets out which copies of Ontario statutes and regulations are official copies of the law. Reproductions of statutes and regulations that are not official copies under that Act must state that they are not official versions. Reproductions of judicial decisions must state that they are not official versions. The Province of New Brunswick, through

4992-673: The measures which count as technological restriction measures which may not be circumvented. Like the FTA language, the new anti-circumvention law is closely modelled on the US Digital Millennium Copyright Act , although it is not identical. The Act also introduced a series of new exceptions into Australian copyright law. The best known are the private copying exceptions, which follow on from proposals by former Attorney-General Philip Ruddock to allow people to record most television or radio program at home to watch at

5070-462: The national law throughout Australia. Designs may be covered by the Copyright Act (as sculptures or drawings) as well as by the Design Act . Since 2007, performers have moral rights in recordings of their work. Until 2004, copyright in Australia was based on the plus 50 law, which restricts works until 50 years after the author's death. In 2004 this was changed to a plus 70 law in line with

5148-501: The peace, order, and good government of the Commonwealth with respect to, inter alia, copyright, patents of inventions and designs, and trademarks". As an immediate consequence copyright law was no longer established at state level, but by the federal parliament. The first Australian copyright statute enacted at the federal level was the Copyright Act 1905, which was a departure from British copyright law . Australia became part of

5226-600: The possibilities are: In order for a certain use to be a fair dealing, it must fall within one of these purposes and must also be 'fair'. What is fair will depend on all the circumstances, including the nature of the work, the nature of the use and the effect of the use on any commercial market for the work. Fair dealing is not the same as fair use. This has, for example, been interpreted by US courts to allow for reasonable personal use of works, e.g. media-shifting, which would not necessarily be permitted under Australia's fair dealing laws. Australian copyright law does, however, have

5304-585: The primary purpose of copyright law was: to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works. On the other hand, as copyright in the nature of a monopoly, the law should ensure, as far as possible, that the rights conferred are not abused and that study, research and education are not unduly hampered. The Copyright Act 1968 and legal deposit legislation pertaining to each state mandates that publishers of any kind must deposit copies of their publications in

5382-522: The prior written permission of the court. For requests relating to the reproduction of provincial legislation, permission is subject to the conditions outlined in the Guidelines Covering the Reproduction of Provincial Legislation . © Alberta Queen's Printer, 20__.* The year of first publication of the legal materials is to be completed. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying

5460-631: The process that began with the 1774 House of Lords decision in Donaldson v Beckett , which held that copyright was a creature of statute. The scope of the imperial copyright system (by changes in the UK Act) was expanded to include architecture , sound recordings and motion pictures . The British Copyright Act 1911 continued to apply in Australia until the Australian Copyright Act 1968 came into force on 1 May 1969. The 1968 Act

5538-409: The public, subject to the following rules: Copyright © 2001, Province of British Columbia All rights reserved All material owned by the Government of British Columbia is protected by copyright law. It may not be reproduced or redistributed without the prior written permission of the Province of British Columbia. Court record information on this web site may not be reproduced or redistributed without

5616-409: The recognition of "Indigenous communal moral rights" (ICMR), aimed at assisting Indigenous people to protect the integrity and sanctity of Indigenous culture . Legislation on moral rights applies to the cultural and intellectual property rights (Indigenous intellectual property ICIP) of Indigenous peoples. After the individual moral rights legislation ( Copyright Amendment (Moral Rights) Act 2000 )

5694-523: The users of copyright material in respect of reprographic reproduction". During its deliberation the Franki Committee observed that because Australia was a net importer of copyrighted works it should be careful to not adopt too radical solutions. The Franki Committee recommended, amongst others, the adoption of a statutory licensing scheme. When commencing its review the Committee stated that

5772-478: The whim of the Crown". Subsequently, Crown copyright can be, in certain cases, "said to be perpetual...and not to lapse through non-use or non-assertion", and that a "right to certain works by prerogative amounts to a perpetual term of copyright protection". One example is where the "Arms of Canada as designed in 1921 and revised in 1957...[and] as revised in 1994...are protected under the Trade-marks Act and

5850-470: The year of their first broadcast (though the material contained in the broadcast may be separately copyrighted). Most other works are also dated from the first publication/broadcast/performance where this occurred after the author's death. The Copyright (Disabilities and Other Measures) Act , which was passed on 15 June 2017, abolished the indefinite copyright term for unpublished works. As of 1 January 2019, unpublished works are out of copyright 70 years after

5928-675: Was enacted following the collapse of the imperial system after the passage of the British Copyright Act 1956 , and following recommendations of the Spicer Committee, which had been appointed by the Australian Attorney-General John Spicer in 1958 to review the 1912 Act to see what changes were necessary for Australia to ratify the Brussels Act of the Berne Convention . As of May 2020 the 1968 Act remains in force, but has been amended on

6006-831: Was passed in the Australian Senate , a commitment was given to Senator Aden Ridgeway to look at ICMR. A draft bill, the Copyright Amendment (Indigenous Communal Moral Rights) Bill 2003 ("ICMR Bill" ), was circulated to a limited set of stakeholders in 2003, but was seen as ineffective and unlikely to be passed into legislation because of a number of complications. Criticisms of the bill included that it failed to provide protection where copyright had expired, as well as elements of Indigenous culture and intellectual property (ICIP) where copyright did not apply, such as rock paintings or unrecorded oral histories ; and neither did it cover sound recordings . The bill

6084-516: Was set to be reintroduced in mid-2007, as existing legislation did not provide protection for Indigenous communal moral rights. A 2006 paper by Terri Janke and Robynne Quiggin set out the main ICIP issues for the Indigenous arts industry, which included the deficiencies of the Copyright Act with regard to Indigenous art. These include clashes between Australian law and Aboriginal customary laws; and

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