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Copyright Amendment Bill 1997
Schedule 6 Copying of works etc. by institutions

   

Copyright Act 1968

1  Section 135A (definition of student )

Repeal the definition.

2  Section 135C

Repeal the section.

3  After subsection 135H(1)

Insert:

          (1A)  If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for the making, by or on behalf of that body, of a copy of a broadcast.

4  Subsection 135J(1)

Omit “per student of the institution concerned”.

5  After subsection 135J(1)

Insert:

          (1A)  If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for copies of broadcasts made by or on behalf of that body.

6  Subsection 135J(4)

Omit “and different classes of students of an institution administered by it”.

7  Subsection 135N(2)

Repeal the subsection.

8  Section 135ZB (definition of student )

Repeal the definition.

9  Section 135ZD

Repeal the section.

10  At the end of section 135ZM

Add:

             (2)  If:

                     (a)  any remuneration is paid under this Part in respect of a page of a document that is:

                              (i)  a copy of the whole or a part of an article (other than a part that is an artistic work) contained in a periodical publication; or

                             (ii)  a copy of the whole or a part of a literary or dramatic work contained in a published anthology of works; or

                            (iii)  a copy of the whole or a part of a literary, dramatic or musical work other than an article contained in a periodical publication; and

                     (b)  the making of the page is not an infringement of the copyright in the article or work because of section 135ZJ, 135ZK or 135ZL; and

                     (c)  the page includes an artistic work or artistic works provided for the purpose of explaining or illustrating the article or work;

the following paragraphs apply:

                     (d)  one-half of the remuneration paid in respect of the making of the page is to be paid to the owner, or divided equally among the owners, of the copyright in the literary, dramatic or musical work or works which, or a part of which, appear on the page; and

                     (e)  one-half of that remuneration is to be paid to the owner, or divided equally among the owners, of the copyright in the artistic work or artistic works which, or a part of which, appear on the page.

11  After subsection 135ZV(1)

Insert:

          (1A)  If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for each licensed copy made by or on behalf of that body.

12  Subsection 135ZW(1)

Omit “per student of the institution concerned”.

13  After subsection 135ZW(1)

Insert:

          (1A)  If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for licensed copies made by or on behalf of that body.

14  Subsection 135ZW(4)

Omit “and different classes of students of an institution administered by it”.

15  Subsection 135ZZA(2)

Repeal the subsection.

16  Section 153A

Omit “television” (wherever occurring).

17  Subsection 153A(2)

Omit “per copy or per student of the relevant institution, as the case may be,”.

18  Paragraph 153A(3)(a)

Omit “seen and heard”, substitute “heard, or seen and heard, as the case may be”.

19  Subsection 153A(5)

Repeal the subsection, substitute:

             (5)  In this section, administering body , broadcast , collecting society and institution have the same meanings as in Part VA.

20  Subsection 153C(2)

Omit “per licensed copy, or per student of the relevant institution, as the case may be,”.

21  Subsection 153C(5)

Repeal the subsection, substitute:

             (5)  In this section, administering body , collecting society , institution and licensed copy have the same meanings as in Part VB.