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Schedule 2—Duration of copyright

Schedule 2 Duration of copyright

   

Copyright Act 1968

1  Subsection 10(1)

Insert:

generally known : without limiting when the identity of the author of a work is generally known , the identity is generally known if it can be ascertained by reasonable enquiry.

made public has a meaning affected by section 29A.

2  Subsection 14(2)

Omit “180,”.

3  After section 29

Insert:

29A   Making public

             (1)  Without limiting when a work is made public , it is made public when:

                     (a)  the work, or an adaptation of the work, is:

                              (i)  published, performed in public, broadcast or otherwise communicated to the public; or

                             (ii)  if the work is an artistic work—exhibited in public; or

                     (b)  if the work is an artistic work included in a cinematograph film—the film is seen in public; or

                     (c)  if the work is a building—the building has been constructed; or

                     (d)  records of the work, or of an adaptation of the work, are:

                              (i)  offered to the public (whether or not for sale); or

                             (ii)  exposed for sale to the public.

             (2)  Without limiting when copyright material other than a work is made public , the material is made public when:

                     (a)  it is published; or

                     (b)  if the material is a sound recording—it is:

                              (i)  heard in public; or

                             (ii)  communicated to the public; or

                     (c)  if the material is a cinematograph film—it is:

                              (i)  seen in public (to the extent it consists of visual images); or

                             (ii)  heard in public (to the extent it consists of sounds); or

                            (iii)  communicated to the public; or

                     (d)  copies of the material are:

                              (i)  offered to the public (whether or not for sale); or

                             (ii)  exposed for sale to the public.

             (3)  Subsections 29(4) to (7) apply, for the purposes of this section, in relation to making public in the same way as those subsections apply in relation to publication.

4  Sections 33 and 34

Repeal the sections, substitute:

33   Duration of copyright in original works

             (1)  This section applies to copyright that subsists in a work under this Part.

Works first made public before 1 January 2019

             (2)  The following table has effect if the work was first made public before 1 January 2019.

 

Duration of copyright—works first made public before 1 January 2019

Item

Column 1

If

Column 2

the copyright continues to subsist until …

1

no other item of this table applies

70 years after the calendar year in which the author of the work died.

2

(a) the work is:

(i) a literary work (other than a computer program); or

(ii) a dramatic work; or

(iii) a musical work; or

(iv) an engraving; and

(b) the author of the work has died; and

(c) the work was not first made public before the author died; and

(d) item 3 does not apply

70 years after the calendar year in which the work was first made public.

3

the identity of the author of the work is not generally known at any time before the end of 70 years after the calendar year in which the work was first made public

70 years after the calendar year in which the work was first made public.

Works never made public, and works first made public on or after 1 January 2019

             (3)  The following table has effect if the work was not first made public before 1 January 2019.

 

Duration of copyright—works not first made public before 1 January 2019

Item

Column 1

If

Column 2

the copyright continues to subsist until …

1

no other item of this table applies

70 years after the calendar year in which the author of the work died.

2

(a) the identity of the author is not generally known at any time before the end of 70 years after the calendar year in which the work was made; and

(b) the work is not first made public before the end of 50 years after the calendar year in which the work was made

70 years after the calendar year in which the work was made.

3

(a) the identity of the author is not generally known at any time before the end of 70 years after the calendar year in which the work was first made public; and

(b) the work is first made public before the end of 50 years after the calendar year in which the work was made

70 years after the calendar year in which the work was first made public.

5  Sections 79 and 80

Repeal the sections, substitute:

79   References to any one or more of joint authors

                   A reference in section 32 to the author of a work is taken to be a reference to any one or more of the authors of the work if the work is a work of joint authorship.

79A   References to the identity of none of joint authors being generally known

                   A reference in any of the following provisions to the identity of the author of a work not being generally known is taken to be a reference to the identity of none of the authors of the work being generally known if the work is a work of joint authorship:

                     (a)  item 3 of the table in subsection 33(2);

                     (b)  item 2 or 3 of the table in subsection 33(3).

80   References to whichever of joint authors died last

                   A reference in any of the following provisions to the author of a work is taken to be a reference to the author who died last if the work is a work of joint authorship to which section 81 does not apply:

                     (a)  item 1 or 2 of the table in subsection 33(2);

                     (b)  item 1 of the table in subsection 33(3);

                     (c)  section 51.

6  Subsection 81(2)

Omit “or could be ascertained by reasonable inquiry”.

7  Subsection 81(3)

Repeal the subsection, substitute:

             (3)  A reference in any of the provisions mentioned in subsection (3A) to the author of the work is taken to be a reference to:

                     (a)  the author whose identity was disclosed; or

                     (b)  if the identity of 2 or more of the authors was disclosed—whichever of those authors died last.

          (3A)  The provisions are as follows:

                     (a)  item 1 or 2 of the table in subsection 33(2);

                     (b)  item 1 of the table in subsection 33(3).

8  Paragraph 81(4)(b)

Omit “or can be ascertained by reasonable inquiry”.

9  Sections 93 and 94

Repeal the sections, substitute:

93  Duration of copyright in sound recordings and films

             (1)  This section applies to copyright that subsists in copyright material under this Part, if the material is:

                     (a)  a sound recording; or

                     (b)  a cinematograph film.

Copyright material first made public before 1 January 2019

             (2)  The copyright continues to subsist until 70 years after the calendar year in which the copyright material was first made public if the material was first made public before 1 January 2019.

Copyright material never made public, and material first made public on or after 1 January 2019

             (3)  The following table has effect if the copyright material was not first made public before 1 January 2019.

 

Duration of copyright—copyright material not first made public before 1 January 2019

Item

Column 1

If

Column 2

the copyright continues to subsist until …

1

the copyright material is first made public before the end of 50 years after the calendar year in which the material was made

70 years after the calendar year in which the material was first made public.

2

item 1 does not apply

70 years after the calendar year in which the copyright material was made.

10  At the end of paragraph 129(2)(a)

Add “and”.

11  Paragraph 129(2)(c)

Omit “or can be ascertained by reasonable inquiry”.

12  Sections 180 and 181

Repeal the sections, substitute:

180   Duration of Crown copyright in original works, sound recordings and films

                   Copyright in copyright material subsists until 50 years after the calendar year in which the material is made if:

                     (a)  the material is a work, sound recording or cinematograph film; and

                     (b)  the Commonwealth or a State:

                             (a)  is the owner; or

                             (b)  would, but for an agreement to which section 179 applies, be the owner;

                            of copyright in the material.

13  Before section 184

Insert:

Division 1 Foreign countries

14  Before section 186

Insert:

Division 2 International organizations

15  At the end of paragraph 187(1)(a)

Add “and”.

16  Paragraph 187(1)(b)

Repeal the paragraph.

17  At the end of paragraph 187(2)(a)

Add “and”.

18  Paragraph 187(2)(b)

Repeal the paragraph.

19  At the end of section 187

Add:

             (4)  This section has effect subject to section 188A.

20  At the end of paragraph 188(1)(a)

Add “and”.

21  Paragraph 188(1)(b)

Repeal the paragraph.

22  At the end of paragraph 188(2)(a)

Add “and”.

23  Paragraph 188(2)(b)

Repeal the paragraph.

24  At the end of paragraph 188(3)(a)

Add “and”.

25  Paragraph 188(3)(b)

Repeal the paragraph.

26  At the end of section 188

Add:

             (5)  This section has effect subject to section 188A.

27  At the end of Part VIII

Add:

188A   Duration of international organization copyright

             (1)  This section applies to copyright that subsists in copyright material under section 187 or 188.

Copyright material first made public before 1 January 2019

             (2)  The copyright continues to subsist, subject to subsection (4), until 70 years after the calendar year in which the copyright material was first made public if the material was first made public before 1 January 2019.

Copyright material never made public, and material first made public on or after 1 January 2019

             (3)  The following table has effect, subject to subsection (4), if the copyright material was not first made public before 1 January 2019.

 

Duration of copyright—copyright material not first made public before 1 January 2019

Item

Column 1

If

Column 2

the copyright continues to subsist until …

1

the copyright material is first made public before the end of 50 years after the calendar year in which the material was made

70 years after the calendar year in which the material was first made public.

2

item 1 does not apply

70 years after the calendar year in which the copyright material was made.

Editions

             (4)  If the copyright material is an edition to which subsection 188(3) applies, the copyright continues to subsist until 25 years after the calendar year in which the edition was first made public.

28  Sections 233 to 235

Repeal the sections, substitute:

235   Crown copyright in films

             (1)  This section applies to a cinematograph film made before the commencement of this Act.

             (2)  Section 178 does not apply in relation to the film.

             (3)  Sections 176, 177 and 180 apply:

                     (a)  in relation to the film in accordance with subsection 222(1) if the film was an original dramatic work (within the meaning of section 204); and

                     (b)  in relation to photographs forming part of the film in the same way as those sections apply in relation to photographs not forming part of a cinematograph film.

29  Application of amendments

The amendments made by this Schedule apply in relation to copyright material made before, on or after the commencement of this item.

30  Transitional provision

If the amendments made by this Schedule would have the effect that copyright in copyright material ceased to subsist at a time occurring before the commencement of this item, that copyright ceases to subsist on the commencement of this item, instead of at that earlier time.

31  Compensation for acquisition of property

(1)       If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in:

                     (a)  the Federal Court of Australia; or

                     (b)  the Supreme Court of a State or Territory;

for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.