Commonwealth: Copyright Act 1968 (Cth)

Copyright Act 1968 No. 63, 1968 Compilation No. 64 Compilation date: 11 December 2024 Includes amendments: Act No. 115, 2024 About this compilation This compilation This is a compilation of the Copyright Act 1968 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 4 Extension to external Territories 5 Exclusion of Imperial Copyright Act, 1911 6 Repeal of Copyright Acts 7 Act to bind the Crown 8 Copyright not to subsist except by virtue of this Act 8A Prerogative rights of the Crown in the nature of copyright 9 Operation of other laws 9A Application of the Criminal Code Part II—Interpretation 10 Interpretation 10AA Non‑infringing copy of a sound recording 10AB Non‑infringing copy of a computer program 10AC Non‑infringing copy of an electronic literary or music item 10AD Accessories to imported articles 11 Residence in a country not affected by temporary absence 12 References to Parliament 13 Acts comprised in copyright 14 Acts done in relation to substantial part of work or other subject‑matter deemed to be done in relation to the whole 15 References to acts done with licence of owner of copyright 16 References to partial assignment of copyright 17 Statutory employment 18 Libraries established or conducted for profit 19 References to Copyright Act, 1911 20 Names under which work is published 21 Reproduction and copying of works and other subject‑matter 22 Provisions relating to the making of a work or other subject‑matter 23 Sound recordings and records 24 References to sounds and visual images embodied in an article 25 Provisions relating to broadcasting 27 Performance 28 Performance and communication of works or other subject‑matter in the course of educational instruction 29 Publication 29A Making public 30 Ownership of copyright for particular purposes 30A Commercial rental arrangement Part III—Copyright in original literary, dramatic, musical and artistic works Division 1—Nature, duration and ownership of copyright in works 31 Nature of copyright in original works 32 Original works in which copyright subsists 33 Duration of copyright in original works 35 Ownership of copyright in original works Division 2—Infringement of copyright in works 36 Infringement by doing acts comprised in the copyright 37 Infringement by importation for sale or hire 38 Infringement by sale and other dealings 39 Infringement by permitting place of public entertainment to be used for performance of work 39A Infringing copies made on machines installed in libraries and archives 39B Communication by use of certain facilities Division 3—Acts not constituting infringements of copyright in works 40 Fair dealing for purpose of research or study 41 Fair dealing for purpose of criticism or review 41A Fair dealing for purpose of parody or satire 42 Fair dealing for purpose of reporting news 43 Reproduction for purpose of judicial proceedings or professional advice 43A Temporary reproductions made in the course of communication 43B Temporary reproductions of works as part of a technical process of use 43C Reproducing works in books, newspapers and periodical publications in different form for private use 44 Inclusion of works in collections for use by places of education 44A Importation etc. of books 44B Reproduction of writing on approved label for containers for chemical product 44BA Acts done in relation to certain medicine 44BB Copyright subsisting in works shared for healthcare or related purposes 44C Copyright subsisting in accessories etc. to imported articles 44D Import of non‑infringing copy of sound recording does not infringe copyright in works recorded 44E Importation and sale etc. of copies of computer programs 44F Importation and sale etc. of copies of electronic literary or music items Division 4—Acts not constituting infringements of copyright in literary, dramatic and musical works 45 Reading or recitation in public or for a broadcast 46 Performance at premises where persons reside or sleep 47 Reproduction for purpose of broadcasting 47AA Reproduction for the purpose of simulcasting Division 4A—Acts not constituting infringements of copyright in computer programs 47AB Meaning of computer program 47B Reproduction for normal use or study of computer programs 47C Back‑up copy of computer programs 47D Reproducing computer programs to make interoperable products 47E Reproducing computer programs to correct errors 47F Reproducing computer programs for security testing 47G Unauthorised use of copies or information 47H Agreements excluding operation of certain provisions Division 4B—Acts not constituting infringements of copyright in artistic works 47J Reproducing photograph in different format for private use Division 5—Copying of works in libraries or archives 48 Interpretation 48A Copying by Parliamentary libraries for members of Parliament 49 Reproducing and communicating works by libraries and archives for users 50 Reproducing and communicating works by libraries or archives for other libraries or archives 51 Reproducing and communicating unpublished works in libraries or archives 51AA Reproducing and communicating works in care of National Archives of Australia 52 Publication of unpublished works kept in libraries or archives 53 Application of Division to illustrations accompanying articles and other works Division 6—Recording of musical works 54 Interpretation 55 Conditions upon which manufacturer may make records of musical work 57 Provisions relating to royalty where 2 or more works are on the one record 59 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work 60 Records made partly for retail sale and partly for gratuitous disposal 61 Making inquiries in relation to previous records 64 Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records Division 7—Acts not constituting infringements of copyright in artistic works 65 Sculptures and certain other works in public places 66 Buildings and models of buildings 67 Incidental filming or televising of artistic works 68 Publication of artistic works 70 Reproduction for purpose of including work in television broadcast 72 Reproduction of part of work in later work 73 Reconstruction of buildings Division 8—Designs 74 Corresponding design 75 Copyright protection where corresponding design registered 76 False registration of industrial designs under the Designs Act 2003 77 Application of artistic works as industrial designs without registration of the designs 77A Certain reproductions of an artistic work do not infringe copyright Division 9—Works of joint authorship 78 References to all of joint authors 79 References to any one or more of joint authors 79A References to the identity of none of joint authors being generally known 80 References to whichever of joint authors died last 81 Works of joint authorship published under pseudonyms 82 Copyright to subsist in joint works without regard to any author who is an unqualified person 83 Inclusion of joint works in collections for use in places of education Part IV—Copyright in subject‑matter other than works Division 1—Preliminary 84 Definitions Division 2—Nature of copyright in subject‑matter other than works 85 Nature of copyright in sound recordings 86 Nature of copyright in cinematograph films 87 Nature of copyright in television broadcasts and sound broadcasts 88 Nature of copyright in published editions of works Division 3—Subject‑matter, other than works, in which copyright subsists 89 Sound recordings in which copyright subsists 90 Cinematograph films in which copyright subsists 91 Television broadcasts and sound broadcasts in which copyright subsists 92 Published editions of works in which copyright subsists Division 4—Duration of copyright in subject‑matter other than works 93 Duration of copyright in sound recordings and films 95 Duration of copyright in television broadcasts and sound broadcasts 96 Duration of copyright in published editions of works Division 5—Ownership of copyright in subject‑matter other than works Subdivision A—Ownership of copyright in subject‑matter other than works 97 Ownership of copyright in sound recordings 98 Ownership of copyright in cinematograph films 99 Ownership of copyright in television broadcasts and sound broadcasts 100 Ownership of copyright in published editions of works Subdivision B—Specific provisions relating to the ownership of copyright in pre‑commencement sound recordings of live performances 100AA Application 100AB Definitions 100AC Application of sections 100AD and 100AE 100AD Makers of pre‑commencement sound recordings of live performances 100AE Ownership of pre‑commencement copyright in sound recordings of live performances 100AF Former owners may continue to do any act in relation to the copyright 100AG Actions by new owners of copyright 100AH References to the owner of the copyright in a sound recording Division 6—Infringement of copyright in subject‑matter other than works 100A Interpretation 101 Infringement by doing acts comprised in copyright 102 Infringement by importation for sale or hire 103 Infringement by sale and other dealings 103A Fair dealing for purpose of criticism or review 103AA Fair dealing for purpose of parody or satire 103B Fair dealing for purpose of reporting news 103C Fair dealing for purpose of research or study 104 Acts done for purposes of judicial proceeding 104A Acts done by Parliamentary libraries for members of Parliament 104B Infringing copies made on machines installed in libraries and archives 104C Copyright subsisting in sound recordings and cinematograph films shared for healthcare or related purposes 105 Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast 106 Causing sound recording to be heard at guest house or club 107 Making of a copy of the sound recording for purpose of broadcasting 108 Copyright in published recording not infringed by public performance if equitable remuneration paid 109 Copyright in published sound recording not infringed by broadcast in certain circumstances 109A Copying sound recordings for private and domestic use 110 Provisions relating to cinematograph films 110AA Copying cinematograph film in different format for private use 110A Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives 110C Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting 111 Recording broadcasts for replaying at more convenient time 111A Temporary copy made in the course of communication 111B Temporary copy of subject‑matter as part of a technical process of use 112 Reproductions of editions of work 112A Importation and sale etc. of books 112B Reproduction of writing on approved label for containers for chemical product 112C Copyright subsisting in accessories etc. to imported articles 112D Import of non‑infringing copy of a sound recording does not infringe copyright in the sound recording 112DA Importation and sale etc. of copies of electronic literary or music items 112E Communication by use of certain facilities Division 7—Miscellaneous 113 Copyrights to subsist independently 113A Agents may act on behalf of groups of performers 113B Consent to the use of a sound recording of a live performance 113C Use of published sound recordings when owners cannot be found etc. Part IVA—Uses that do not infringe copyright Division 1—Simplified outline of this Part 113D Simplified outline of this Part Division 2—Access by or for persons with a disability 113E Fair dealing for purpose of access by persons with a disability 113F Use of copyright material by organisations assisting persons with a disability Division 3—Libraries and archives Subdivision A—Public libraries, parliamentary libraries and archives 113G Libraries 113H Preservation 113J Research 113K Administration of the collection Subdivision B—Key cultural institutions 113L Meaning of key cultural institution 113M Preservation Division 4—Educational institutions—statutory licence 113N Simplified outline of this Division 113P Copying and communicating works and broadcasts 113Q Remuneration notices 113R Equitable remuneration 113S Educational institutions must assist collecting society 113T Voluntary licences 113U Persons acting on behalf of bodies administering educational institutions Division 5—Collecting societies Subdivision A—Declaration of collecting society 113V Declaration of collecting society 113W Requirements for declaration of collecting society 113X Revocation of declaration Subdivision B—Operation of collecting society 113Y Scope of this Subdivision 113Z Annual report and accounts 113ZA Amendment of rules 113ZB Review of distribution arrangement by Copyright Tribunal 113ZC Operation of collecting society rules Part V—Remedies and offences Division 1—Preliminary 114 Interpretation Division 2—Actions by owner of copyright 115 Actions for infringement 115A Injunctions relating to online locations outside Australia 116 Rights of owner of copyright in respect of infringing copies 116AAA Compensation for acquisition of property Division 2AA—Limitation on remedies available against service providers Subdivision A—Preliminary 116AA Purpose of this Division 116AB Definitions 116ABA Definition of service provider Subdivision B—Relevant activities 116AC Category A activity 116AD Category B activity 116AE Category C activity 116AF Category D activity Subdivision C—Limitations on remedies 116AG Limitations on remedies Subdivision D—Conditions 116AH Conditions 116AI Evidence of compliance with conditions Subdivision E—Regulations 116AJ Regulations Division 2A—Actions in relation to technological protection measures and electronic rights management information Subdivision A—Technological protection measures 116AK Definitions 116AL Interaction of this Subdivision with Part VAA 116AM Geographical application 116AN Circumventing an access control technological protection measure 116AO Manufacturing etc. a circumvention device for a technological protection measure 116AP Providing etc. a circumvention service for a technological protection measure 116AQ Remedies in actions under this Subdivision Subdivision B—Electronic rights management information 116B Removal or alteration of electronic rights management information 116C Distribution to the public etc. of works whose electronic rights management information has been removed or altered 116CA Distribution and importation of electronic rights management information that has been removed or altered 116CB Exception relating to national security and law enforcement 116D Remedies in actions under this Subdivision Division 3—Proceedings where copyright is subject to exclusive licence 117 Interpretation 118 Application 119 Rights of exclusive licensee 120 Joinder of owner or exclusive licensee as a party 121 Defences available against exclusive licensee 122 Assessment of damages where exclusive licence granted 123 Apportionment of profits between owner and exclusive licensee 124 Separate actions in relation to the same infringement 125 Liability for costs Division 4—Proof of facts in civil actions 126 Presumptions as to subsistence and ownership of copyright 126A Presumptions relating to subsistence of copyright 126B Presumptions relating to ownership of copyright 127 Presumptions in relation to authorship of work 128 Presumptions in relation to publisher of work 129 Presumptions where author has died 129A Presumptions relating to computer programs 130 Presumptions relating to sound recordings 130A Acts relating to imported copies of sound recordings 130B Acts relating to imported copies of computer programs 130C Acts relating to imported copies of electronic literary or music items 131 Presumptions relating to films Division 4A—Jurisdiction and appeals 131A Exercise of jurisdiction 131B Appeals 131C Jurisdiction of Federal Court of Australia 131D Jurisdiction of Federal Circuit and Family Court of Australia (Division 2) Division 5—Offences and summary proceedings Subdivision A—Preliminary 132AA Definitions 132AB Geographical application Subdivision B—Substantial infringement on a commercial scale 132AC Commercial‑scale infringement prejudicing copyright owner Subdivision C—Infringing copies 132AD Making infringing copy commercially 132AE Selling or hiring out infringing copy 132AF Offering infringing copy for sale or hire 132AG Exhibiting infringing copy in public commercially 132AH Importing infringing copy commercially 132AI Distributing infringing copy 132AJ Possessing infringing copy for commerce 132AK Aggravated offence—work etc. converted to digital form 132AL Making or possessing device for making infringing copy 132AM Advertising supply of infringing copy Subdivision D—Airing of works, sound recordings and films 132AN Causing work to be performed publicly 132AO Causing recording or film to be heard or seen in public Subdivision E—Technological protection measures 132APA Definitions 132APB Interaction of this Subdivision with Part VAA 132APC Circumventing an access control technological protection measure 132APD Manufacturing etc. a circumvention device for a technological protection measure 132APE Providing etc. a circumvention service for a technological protection measure Subdivision F—Electronic rights management information 132AQ Removing or altering electronic rights management information 132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information 132AS Distributing or importing electronic rights management information 132AT Defences Subdivision G—Evidence 132AU Prosecution to prove profit 132A Presumptions in relation to subsistence and ownership of copyright 132AAA Presumptions relating to computer programs 132B Presumptions relating to sound recordings 132C Presumptions relating to films Subdivision H—Extra court orders 133 Destruction or delivery up of infringing copies etc. Subdivision I—Procedure and jurisdiction 133A Courts in which offences may be prosecuted 133B Infringement notices Division 6—Miscellaneous 134 Limitation of actions in respect of infringement of copyright 134A Affidavit evidence Division 7—Seizure of imported copies of copyright material 134B Interpretation 135 Restriction of importation of copies of works etc. 135AA Decision not to seize unless expenses are covered 135AB Secure storage of seized copies 135AC Notice of seizure 135AD Inspection, release etc. of seized copies 135AE Forfeiture of seized copies by consent 135AEA Claim for release of seized copies 135AEB Seized copies not claimed are forfeited 135AEC Late claim for release of seized copies 135AED Objector to be notified of claim 135AF Release of seized copies to importer 135AFA Copies released but not collected are forfeited 135AG Provision relating to actions for infringement of copyright 135AH Retention of control of seized copies 135AI Disposal of seized copies forfeited to the Commonwealth 135AJ Failure to meet Commonwealth's expenses of seizure 135AK Immunity of the Commonwealth Part VAA—Unauthorised access to encoded broadcasts Division 1—Preliminary 135AL Definitions 135AM Counterclaim 135AN This Part does not apply to law enforcement activity etc. Division 2—Actions Subdivision A—Actions relating to unauthorised decoders 135AOA Making or dealing with unauthorised decoder Subdivision B—Actions relating to decoders for subscription broadcasts 135AOB Making decoder available online Subdivision C—Actions for unauthorised access to encoded broadcasts 135AOC Causing unauthorised access 135AOD Unauthorised commercial use of subscription broadcast Subdivision D—Court orders 135AOE Relief 135AOF Destruction of decoder Subdivision E—Jurisdiction and appeals 135AP Exercise of jurisdiction 135AQ Appeals 135AR Jurisdiction of Federal Court of Australia 135AS Jurisdiction of Federal Circuit and Family Court of Australia (Division 2) Division 3—Offences Subdivision A—Offences 135ASA Making unauthorised decoder 135ASB Selling or hiring unauthorised decoder 135ASC Offering unauthorised decoder for sale or hire 135ASD Commercially exhibiting unauthorised decoder in public 135ASE Importing unauthorised decoder commercially 135ASF Distributing unauthorised decoder 135ASG Making unauthorised decoder available online 135ASH Making decoder available online for subscription broadcast 135ASI Unauthorised access to subscription broadcast etc. 135ASJ Causing unauthorised access to encoded broadcast etc. Subdivision B—Prosecutions 135ATA Courts in which offences may be prosecuted Subdivision C—Further orders by court 135AU Destruction etc. of unauthorised decoders Part VC—Retransmission of free‑to‑air broadcasts Division 1—Preliminary 135ZZI Definitions 135ZZJ Operation of collecting society rules 135ZZJA Application of Part Division 2—Retransmission of free‑to‑air broadcasts 135ZZK Retransmission of free‑to‑air broadcasts 135ZZL Remuneration notices 135ZZM Amount of equitable remuneration 135ZZN Record system 135ZZP Inspection of records etc. 135ZZQ Identity cards 135ZZR Revocation of remuneration notice 135ZZS Request for payment of equitable remuneration Division 3—Collecting societies 135ZZT Collecting societies 135ZZU Revocation of declaration 135ZZV Annual report and accounts 135ZZW Amendment of rules 135ZZWA Applying to Tribunal for review of distribution arrangement Division 4—Interim retransmissions 135ZZX Appointment of notice holder 135ZZY Retransmitting before declaration of collecting society 135ZZZ Notices by retransmitters 135ZZZA Record keeping requirements 135ZZZB Effect of declaration of collecting society Division 5—Miscellaneous 135ZZZC Relevant copyright owner may authorise retransmitting 135ZZZD Copyright not to vest under this Part 135ZZZE Licence to retransmit does not authorise copyright infringements Part VD—Re‑broadcasts by satellite BSA licensees Division 1—Preliminary 135ZZZF Definitions 135ZZZG Eligible program and original broadcaster 135ZZZH Operation of collecting society rules Division 2—Re‑broadcasts by satellite BSA licensees 135ZZZI Re‑broadcasts by satellite BSA licensees 135ZZZJ Remuneration notices 135ZZZK Amount of equitable remuneration 135ZZZL Record system 135ZZZM Revocation of remuneration notice 135ZZZN Request for payment of equitable remuneration Division 3—Collecting societies 135ZZZO Collecting societies 135ZZZP Revocation of declaration 135ZZZQ Annual report and accounts 135ZZZR Amendment of rules 135ZZZS Applying to Tribunal for review of distribution arrangement Division 4—Interim re‑broadcasts 135ZZZT Appointment of notice holder 135ZZZU Re‑broadcast before declaration of collecting society 135ZZZV Notices by satellite BSA licensees 135ZZZW Record keeping requirements 135ZZZX Effect of declaration of collecting society Division 5—Miscellaneous 135ZZZY Relevant copyright owner may authorise re‑broadcast 135ZZZZ Copyright not to vest under this Part 135ZZZZA Licence to re‑broadcast does not authorise copyright infringements Part VI—Copyright Tribunal of Australia Division 1—Preliminary 136 Interpretation 137 Cases to which licence schemes apply Division 2—Constitution of the Tribunal 138 Constitution of Tribunal 139 Appointment of members of Tribunal 140 Qualifications of members 141 Tenure of office 141A Seniority of Deputy Presidents 142 Acting President 143 Remuneration and allowances 144 Oath or affirmation of office 144A Disclosure of interests by members 144B Removal from office for failure to disclose interest 145 Resignation 146 Sittings of the Tribunal 147 President to arrange business of Tribunal Division 3—Applications and references to the Tribunal Subdivision B—Applications relating to Parts III and IV 149 Applications to Tribunal for determination of remuneration payable for making recording or film of a work 150 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording 151 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording 152 Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings 152A Applications to Tribunal for determination of amount of royalty payable for recording musical works 152B Applications to Tribunal for determination of manner of paying royalty 153 Applications to Tribunal for apportionment of royalty in respect of a record Subdivision C—Applications and referrals relating to Part IVA 153A Applications and referrals relating to Division 4 of Part IVA Subdivision E—Applications relating to Part VII 153DF Meaning of copyright material 153E Applications to Tribunal under subsection 183(5) 153F Applications to Tribunal to declare collecting society for government copies 153G Applications to Tribunal to revoke a declaration of a collecting society 153H Time limit for deciding applications under section 153F or 153G 153J Amendment and revocation of a declaration on the declaration of another collecting society 153K Applications to Tribunal for method of working out payment for government copies 153KA Review of collecting society's distribution arrangement Subdivision G—Applications and references relating to Part VC 153M Applications to the Tribunal under subsection 135ZZM(1) 153N Applications to Tribunal under subsection 135ZZN(3) 153P References relating to declaration of collecting society 153Q References relating to revocation of declaration of collecting society 153R Review of collecting society's distribution arrangement Subdivision GA—Applications and references relating to Part VD 153RA Application to the Tribunal to determine amount payable to owner of copyright in a broadcast 153S Applications to the Tribunal under paragraph 135ZZZK(1)(b)—equitable remuneration 153T Applications to Tribunal under paragraph 135ZZZL(3)(b)—record system 153U References relating to declaration of collecting society 153V References relating to revocation of declaration of collecting society 153W Review of collecting society's distribution arrangement Subdivision H—References and applications relating to licences and licence schemes 154 Reference of proposed licence schemes to Tribunal 155 Reference of existing licence schemes to Tribunal 156 Further reference of licence schemes to Tribunal 157 Application to Tribunal in relation to licences 157A Tribunal must have regard to ACCC guidelines on request 157B Tribunal may make ACCC party to reference or application 158 Effect of licence scheme being continued in operation pending order of the Tribunal 159 Effect of order of Tribunal in relation to licences Subdivision I—General provisions 160 Interim orders 161 Reference of questions of law to Federal Court of Australia 162 Agreements or awards not affected Division 4—Procedure and evidence 163 Proceedings to be in public except in special circumstances 163A Application may be made to Tribunal by the agent of the copyright owner 164 Procedure 165 Mistakes or errors in orders of the Tribunal 166 Regulations as to procedure 167 Power to take evidence on oath 168 Evidence in form of written statement 169 Representation Division 4A—Alternative dispute resolution processes 169A Referral of proceeding for alternative dispute resolution process 169B Directions by President or Deputy President 169C Agreement about the terms of a decision etc. 169D Evidence not admissible 169E Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal 169F Participation by telephone etc. 169G Engagement of persons to conduct alternative dispute resolution processes Division 5—Miscellaneous 170 Registrar 170A Other staff of the Tribunal 171 Protecting persons connected with Tribunal proceedings 172 Offences by witnesses 173 Offences relating to the Tribunal 174 Costs of proceedings 175 Proof of orders of Tribunal Part VII—The Crown Division 1—Crown copyright 176 Crown copyright in original works made under direction of Crown 177 Crown copyright in original works first published in Australia under direction of Crown 178 Crown copyright in recordings and films made under direction of Crown 179 Provisions relating to ownership of copyright may be modified by agreement 180 Duration of Crown copyright in original works, sound recordings and films 182 Application of Parts III and IV to copyright subsisting by virtue of this Part 182A Copyright in statutory instruments and judgments etc. Division 2—Use of copyright material for the Crown 182B Definitions 182C Relevant collecting society 183 Use of copyright material for the services of the Crown 183A Special arrangements for copying for services of government 183B Payment and recovery of equitable remuneration payable for government copies 183C Powers of collecting society to carry out sampling 183D Annual report and accounts of collecting society 183E Alteration of rules of collecting society 183F Applying to Tribunal for review of distribution arrangement Part VIII—Extension or restriction of operation of Act Division 1—Foreign countries 184 Application of Act to countries other than Australia 185 Denial of copyright to citizens of countries not giving adequate protection to Australian works Division 2—International organizations 186 Application of Act to international organizations 187 Original works made or first published by international organizations 188 Subject‑matter, other than original works, made or first published by international organizations 188A Duration of international organization copyright Part IX—Moral rights of performers and of authors of literary, dramatic, musical or artistic works and cinematograph films Division 1—Preliminary 189 Definitions 190 Moral rights conferred on individuals 191 Director, producer and screenwriter of cinematograph film 191A Staging a performance 191B Conductor to be treated as a performer 192 Rights to be additional to other rights Division 2—Right of attribution of authorship 193 Author's right of attribution of authorship 194 Acts giving rise to right of attribution of authorship 195 Nature of the identification of author 195AA Identification of author to be clear and reasonably prominent 195AB What is a reasonably prominent identification Division 2A—Right of attribution of performership 195ABA Performer's right of attribution of performership 195ABB Acts giving rise to right of attribution of performership 195ABC Nature of the identification of performer 195ABD Identification of performer to be clear and reasonably prominent or audible 195ABE What is a reasonably prominent identification Division 3—Right not to have authorship of a work falsely attributed 195AC Author's right not to have authorship falsely attributed 195AD Acts of false attribution of authorship of a literary, dramatic or musical work 195AE Acts of false attribution of authorship of artistic work 195AF Acts of false attribution of authorship of cinematograph film 195AG Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work 195AH Act of false attribution of authorship of altered cinematograph film Division 3A—Right not to have performership falsely attributed 195AHA Performer's right not to have performership falsely attributed 195AHB Acts of false attribution of performership 195AHC Act of false attribution of performership of altered recorded performance Division 4—Right of integrity of authorship of a work 195AI Author's right of integrity of authorship 195AJ Derogatory treatment of literary, dramatic or musical work 195AK Derogatory treatment of artistic work 195AL Derogatory treatment of cinematograph film Division 4A—Right of integrity of performership 195ALA Performer's right of integrity of performership 195ALB Derogatory treatment of performance Division 5—Duration and exercise of moral rights Subdivision A—Duration and exercise of moral rights of authors 195AM Duration of author's moral rights 195AN Exercise of author's moral rights Subdivision B—Duration and exercise of moral rights of performers 195ANA Duration of performer's moral rights for recorded performances 195ANB Exercise of performer's moral rights Division 6—Infringement of moral rights Subdivision A—Infringement of moral rights of authors 195AO Infringement of right of attribution of authorship 195AP Infringement of right not to have authorship falsely attributed 195AQ Infringement of right of integrity of authorship 195AR No infringement of right of attribution of authorship if it was reasonable not to identify the author 195AS No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable 195AT Certain treatment of works not to constitute an infringement of the author's right of integrity of authorship 195AU Infringement by importation for sale or other dealing 195AV Infringement by sale and other dealings 195AVA Matters to be taken into account 195AVB Communication by use of certain facilities 195AW Author's consent to act or omission—films or works in films 195AWA Author's consent to act or omission—work that is not a film or included in a film 195AWB Consent invalidated by duress or false or misleading statements 195AX Acts or omissions outside Australia Subdivision B—Infringement of moral rights of performers 195AXA Infringement of right of attribution of performership 195AXB Infringement of right not to have performership falsely attributed 195AXC Infringement of right of integrity of performership 195AXD No infringement of right of attribution of performership if it was reasonable not to identify the performer 195AXE No infringement of right of integrity of performership if derogatory treatment or other action was reasonable 195AXF Infringement by importation for sale or other dealing 195AXG Infringement by sale and other dealings 195AXH Matters to be taken into account 195AXI Communication by use of certain facilities 195AXJ Performer's consent to act or omission 195AXK Consent invalidated by duress or false or misleading statements 195AXL Acts or omissions outside Australia Division 7—Remedies for infringements of moral rights Subdivision A—Remedies for infringement of moral rights of authors 195AY Definition etc. 195AZ Actions for infringement of author's moral rights 195AZA Remedies for infringements of author's moral rights 195AZD Presumption as to subsistence of copyright 195AZE Presumption as to subsistence of author's moral rights 195AZF Presumptions in relation to authorship of work 195AZG Other presumptions in relation to literary, dramatic, musical or artistic work Subdivision B—Remedies for infringement of moral rights of performers 195AZGA Definition etc. 195AZGB Actions for infringement of performer's moral rights 195AZGC Remedies for infringements of performer's moral rights 195AZGD Presumption as to subsistence of copyright 195AZGE Presumption as to subsistence of performer's moral rights 195AZGF Presumptions in relation to performership Subdivision C—Miscellaneous 195AZGG Saving of other rights and remedies 195AZGH Jurisdiction of courts Division 8—Miscellaneous Subdivision A—Miscellaneous provisions about moral rights of authors 195AZH Parts of works 195AZI Works of joint authorship 195AZJ Cinematograph films that have more than one principal director 195AZK Cinematograph films that have more than one principal producer 195AZL Cinematograph films that have more than one principal screenwriter 195AZM Application—right of attribution of authorship 195AZN Application—right not to have authorship falsely attributed 195AZO Application—right of integrity of authorship Subdivision B—Miscellaneous provisions about moral rights of performers 195AZP Parts of performances 195AZQ Performances that have more than one performer 195AZR Application Part X—Miscellaneous Division 1—Interpretation 195A Interpretation Division 2—Review 195B Review of certain decisions Division 3—National Library of Australia 195CA Simplified outline 195CB Copy of certain material to be delivered to the Library 195CC Library may request a copy of material available online 195CD Delivering material to the Library 195CE Meaning of National Library material 195CF Meaning of available online 195CG Infringement notices 195CH Relationship with State and Territory laws 195CI Delegation 195CJ Legislative instruments Division 4—Other matters 196 Assignments and licences in respect of copyright 197 Prospective ownership of copyright 198 Copyright to pass under will with unpublished work 199 Reception of broadcasts 200 Use of works and broadcasts for educational purposes 200AAA Proxy web caching by educational institutions 200AB Use of works and other subject‑matter for certain purposes 202 Groundless threats of legal proceedings in relation to copyright infringement 202A Groundless threats of legal proceedings in relation to technological protection measures 203 Limitation on power of courts to grant relief in proceedings under this Act 203A Offence—failing to keep declarations relating to copying in library or archives 203E Inspection of records and declarations retained in records of libraries and archives 203F False and misleading declarations 203G Offence—disposing of or destroying certain declarations 203H Notation of certain copies etc. Part XI—Transitional Division 1—Preliminary 204 Interpretation 205 References to making of works, recordings and films 206 References in other laws or instruments to copyright 207 Application 208 Authorship of photographs 209 Publication Division 2—Original works 210 Expired copyright not to revive 211 Original works in which copyright subsists 213 Ownership of copyright 214 Infringement by importation, sale and other dealings 215 Recording of musical works 216 Publication of artistic works 217 Reconstruction of buildings 218 Industrial designs 219 Reproduction of work upon payment of royalties Division 3—Subject‑matter other than works 220 Sound recordings 221 Cinematograph films 222 Application of Act to dramatic works and photographs comprised in cinematograph films 223 Television broadcasts and sound broadcasts 224 Published editions of works 225 Infringement by importation, sale and other dealings Division 4—Miscellaneous 226 Actions for infringement 227 Infringing copies 228 Actions where copyright subject to exclusive licence 229 Offences and summary proceedings 230 Limitation of actions 231 Restriction of importation of printed copies of works 232 References and applications to Tribunal in relation to licence schemes 235 Crown copyright in films 236 Works made or published by international organizations 237 Subject‑matter, other than original works, made or published by international organizations 239 Assignments and licences 240 Bequests 242 Groundless threats of legal proceedings Division 5—Works made before 1 July, 1912 243 Interpretation 244 Application 245 Rights conferred by Copyright Act, 1911 246 Performing rights 247 Contributions to periodicals 248 Assignments and licences Part XIA—Performers' protection Division 1—Preliminary 248A Interpretation 248B Educational purposes 248C Exempt recordings cease to be exempt recordings in certain circumstances 248CA Protection period 248D Private and domestic use 248F Application Division 2—Actions by performers 248G What constitutes unauthorised use 248H Copying sound recordings for broadcasting 248J Actions for unauthorised use 248K Exercise of jurisdiction 248L Appeals 248M Jurisdiction of Federal Court 248MA Jurisdiction of Federal Circuit and Family Court of Australia (Division 2) 248N Right to bring an action not assignable Division 3—Offences Subdivision A—General offences 248P Scope of this Subdivision 248PA Unauthorised direct recording during protection period 248PB Unauthorised indirect recording during protection period 248PC Unauthorised communication to public during 20‑year protection period 248PD Playing unauthorised recording publicly during 20‑year protection period 248PE Possessing equipment to make or copy unauthorised recording 248PF Copying unauthorised recording 248PG Unauthorised copying of exempt recording 248PH Unauthorised copying of authorised sound recording 248PI Selling etc. unauthorised recording 248PJ Distributing unauthorised recording 248PK Commercial possession or import of unauthorised recording 248PL Exhibiting unauthorised recording in public by way of trade 248PM Importing unauthorised recording for exhibition by way of trade Subdivision B—Acts relating to sound recordings of performances given before 1 July 1995 248QA Scope of this Subdivision 248QB Possessing equipment for copying unauthorised sound recording 248QC Copying unauthorised sound recording 248QD Selling etc. unauthorised sound recording 248QE Distributing unauthorised sound recording 248QF Commercial possession or import of unauthorised sound recording 248QG Exhibiting unauthorised sound recording in public by way of trade 248QH Importing unauthorised sound recording for exhibition by way of trade Subdivision C—Prosecution and infringement notices 248R Courts in which offences may be prosecuted 248S Protection against multiple proceedings for same act 248SA Infringement notices Subdivision D—Destruction or delivery up of unauthorised recordings 248T Destruction or delivery up of unauthorised recordings Division 4—Extension of protection to foreign countries 248U Application to foreign countries 248V Denial of protection to citizens of countries not giving adequate protection to Australian performances Part XII—Regulations 249 Regulations The Schedule Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to copyright and the protection of certain performances, and for other purposes Part I—Preliminary 1 Short title This Act may be cited as the Copyright Act 1968. 2 Commencement This Act shall come into operation on a date to be fixed by Proclamation. 4 Extension to external Territories This Act extends to every external Territory. 5 Exclusion of Imperial Copyright Act, 1911 (1) This Act operates to the exclusion of the Copyright Act, 1911. (2) For the purposes of section 8 of the Acts Interpretation Act 1901‑1966, the Copyright Act, 1911 shall be deemed to be an Act passed by the Parliament of the Commonwealth and to be repealed by this Act, and the enactment of Part XI shall not be taken to affect the operation of section 8 of the Acts Interpretation Act 1901‑1966 as it operates by virtue of this subsection in relation to matters to which that Part does not apply. 6 Repeal of Copyright Acts The following Acts are repealed: Copyright Act 1912; Copyright Act 1933; Copyright Act 1935; Copyright Act 1963. 7 Act to bind the Crown Subject to Part VII, this Act binds the Crown but nothing in this Act renders the Crown liable to be prosecuted for an offence. 8 Copyright not to subsist except by virtue of this Act Subject to section 8A, copyright does not subsist otherwise than by virtue of this Act. 8A Prerogative rights of the Crown in the nature of copyright (1) Subject to subsection (2), this Act does not affect any prerogative right or privilege of the Crown. (2) Where a right or privilege of the Crown by way of copyright subsists in a work or published edition of a work, a person does not infringe that right or privilege by doing, or authorizing the doing of, an act in relation to the work or edition without the licence of the Crown if, assuming that that right or privilege of the Crown did not subsist in the work or edition, but copyright subsisted under this Act in the work or edition and was owned by a person other than the Crown, the person would not infringe the copyright of that owner in the work or edition by doing, or by authorizing the doing of, that act without the licence of the owner. (3) Nothing in subsection (2) shall be taken to limit the duration of the right or privilege of the Crown by way of copyright in a work or published edition of a work. 9 Operation of other laws (1) This Act does not affect the right of, or of a person deriving title directly or indirectly from, the Commonwealth or a State to sell, use or otherwise deal with articles that have been, or are, forfeited under a law of the Commonwealth or of the State. (3) This Act does not affect the operation of the law relating to breaches of trust or confidence. 9A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Interpretation 10 Interpretation (1) In this Act, unless the contrary intention appears: access control technological protection measure means a device, product, technology or component (including a computer program) that: (a) is used in Australia or a qualifying country: (i) by, with the permission of, or on behalf of, the owner or the exclusive licensee of the copyright in a work or other subject‑matter; and (ii) in connection with the exercise of the copyright; and (b) in the normal course of its operation, controls access to the work or other subject‑matter; but does not include such a device, product, technology or component to the extent that it: (c) if the work or other subject‑matter is a cinematograph film or computer program (including a computer game)—controls geographic market segmentation by preventing the playback in Australia of a non‑infringing copy of the work or other subject‑matter acquired outside Australia; or (d) if the work is a computer program that is embodied in a machine or device—restricts the use of goods (other than the work) or services in relation to the machine or device. For the purposes of this definition, computer program has the same meaning as in section 47AB. accessory, in relation to an article, means one or more of the following: (a) a label affixed to, displayed on, incorporated into the surface of, or accompanying, the article; (b) the packaging or container in which the article is packaged or contained; (c) a label affixed to, displayed on, incorporated into the surface of, or accompanying, the packaging or container in which the article is packaged or contained; (d) a written instruction, warranty or other information provided with the article; (e) a record embodying an instructional sound recording, or a copy of an instructional cinematograph film, provided with the article; but does not include any label, packaging or container on which the olympic symbol (within the meaning of the Olympic Insignia Protection Act 1987) is reproduced. Note: See also section 10AD for an expanded meaning of accessory in relation to certain imported articles. adaptation means: (a) in relation to a literary work in a non‑dramatic form a version of the work (whether in its original language or in a different language) in a dramatic form; (b) in relation to a literary work in a dramatic form a version of the work (whether in its original language or in a different language) in a non‑dramatic form; (ba) in relation to a literary work being a computer program—a version of the work (whether or not in the language, code or notation in which the work was originally expressed) not being a reproduction of the work; (c) in relation to a literary work (whether in a non‑dramatic form or in a dramatic form): (i) a translation of the work; or (ii) a version of the work in which a story or action is conveyed solely or principally by means of pictures; and (d) in relation to a musical work—an arrangement or transcription of the work. alternative dispute resolution processes means procedures and services for the resolution of disputes, and includes: (a) conferencing; and (b) mediation; and (c) neutral evaluation; and (d) case appraisal; and (e) conciliation; and (f) procedures or services specified in the regulations; but does not include: (g) arbitration; or (h) court procedures or services. Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition. approved label means a label approved under: (a) Part 2 of the Agvet Code of a State or of the Northern Territory; or (b) Part 2 of the Agvet Code of the participating Territories within the meaning of the Agricultural and Veterinary Chemicals Act 1994. archives means: (a) archival material in the custody of: (i) the National Archives of Australia; or (ii) the Archives Office of New South Wales established by the Archives Act 1960 of the State of New South Wales; or (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 (aa) archival material in the custody of a person (other than the National Archives of Australia) in accordance with an arrangement referred to in section 64 of the Archives Act 1983; or (b) a collection of documents or other material to which this paragraph applies by virtue of subsection (4). artistic work means: (a) a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not; (b) a building or a model of a building, whether the building or model is of artistic quality or not; or (c) a work of artistic craftsmanship whether or not mentioned in paragraph (a) or (b); but does not include a circuit layout within the meaning of the Circuit Layouts Act 1989. Australia includes the external Territories. author, in relation to a photograph, means the person who took the photograph. 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 or her behalf. available online, in relation to National Library material, has the meaning given by section 195CF. body administering: (a) an institution—means: (i) if the institution is a body corporate—the institution; or (ii) otherwise—the body or person (including the Crown) having ultimate responsibility for administering the institution; or (b) a library or archives—means: (i) if the library or archives is an archives covered by paragraph (aa) of the definition of archives—the person having the custody of the archives in accordance with the relevant arrangement mentioned in that paragraph; or (ii) otherwise—the body (whether incorporated or not) or person (including the Crown) having ultimate responsibility for administering the library or archives. broadcast means a communication to the public delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992. For the purposes of the application of this definition to a service provided under a satellite BSA licence, assume that there is no conditional access system that relates to the service. Note: A broadcasting service does not include the following: (a) a service (including a teletext service) that provides only data or only text (with or without associated images); or (b) a service that makes programs available on demand on a point‑to‑point basis, including a dial‑up service. broadcasts collecting society means the body declared to be a collecting society by a declaration that is in force under section 113V and to which subparagraph 113V(4)(a)(ii) applies. building includes a structure of any kind. carriage service provider has the same meaning as in the Telecommunications Act 1997. carrier has the same meaning as in the Telecommunications Act 1997. chemical product has the same meaning as in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. cinematograph film means the aggregate of the visual images embodied in an article or thing so as to be capable by the use of that article or thing: (a) of being shown as a moving picture; or (b) of being embodied in another article or thing by the use of which it can be so shown; and includes the aggregate of the sounds embodied in a sound‑track associated with such visual images. circumvention device for a technological protection measure means a device, component or product (including a computer program) that: (a) is promoted, advertised or marketed as having the purpose or use of circumventing the technological protection measure; or (b) has only a limited commercially significant purpose or use, or no such purpose or use, other than the circumvention of the technological protection measure; or (c) is primarily or solely designed or produced to enable or facilitate the circumvention of the technological protection measure. For the purposes of this definition, computer program has the same meaning as in section 47AB. circumvention service for a technological protection measure means a service that: (a) is promoted, advertised or marketed as having the purpose or use of circumventing the technological protection measure; or (b) has only a limited commercially significant purpose or use, or no such purpose or use, other than the circumvention of the technological protection measure; or (c) is primarily or solely designed or produced to enable or facilitate the circumvention of the technological protection measure. collecting society means: (a) a works collecting society; or (b) the broadcasts collecting society; or (c) a body that a declaration in force under section 135ZZT declares to be a collecting society for the purposes of Part VC; or (d) a body that a declaration in force under section 135ZZZO declares to be a collecting society for the purposes of Part VD; or (e) a company that a declaration in force under section 153F declares to be a collecting society for the purposes of Division 2 of Part VII. communicate means make available online or electronically transmit (whether over a path, or a combination of paths, provided by a material substance or otherwise) a work or other subject‑matter, including a performance or live performance within the meaning of this Act. computer program means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. construction includes erection, and reconstruction has a corresponding meaning. controls access: a device, product, technology or component (including a computer program) controls access to a work or other subject‑matter if it requires the application of information or a process, with the permission of the owner or exclusive licensee of the copyright in the work or other subject‑matter, to gain access to the work or other subject‑matter. copy: (a) of a work—means a reproduction; or (b) of a sound recording—means a record embodying the sound recording, or a substantial part of the sound recording, derived directly or indirectly from a record produced on the making of the sound recording; or Note: See also subsection (6). (c) of a cinematograph film—means any article or thing in which the visual images or sounds comprising the film are embodied; or Note: See also subsection (5). (d) of a broadcast—includes: (i) a record embodying a sound recording of the whole or a part of the broadcast; or (ii) a copy of a cinematograph film of the whole or a part of the broadcast. copyright material means anything in which copyright subsists. Note: This definition does not apply in Subdivision E of Division 3 of Part VI or Division 2 of Part VII (use of copyright material for the Crown): see sections 153DF and 182B. delivery period has the meaning given by subsection 195CD(2). device includes a plate. dramatic work includes: (a) a choreographic show or other dumb show; and (b) a scenario or script for a cinematograph film; but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film. drawing includes a diagram, map, chart or plan. educational institution means: (aa) an institution at which education is provided at pre‑school or kindergarten standard; or (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; or (b) a university, a college of advanced education or a technical and further education institution; or (c) an institution that conducts courses of primary, secondary or tertiary education by correspondence or on an external study basis; or (d) a school of nursing; or (e) an undertaking within a hospital, if the undertaking conducts courses of study or training in the provision of: (i) medical services; or (ii) services incidental to the provision of medical services; or (f) a teacher education centre; or (g) an institution with the principal function of providing courses of study or training for any of the following purposes: (i) general education; (ii) the preparation of people for a particular occupation or profession; (iii) the continuing education of people engaged in a particular occupation or profession; (iv) the teaching of English to people whose first language is not English; or (h) an undertaking within a body administering an educational institution, if: (i) the educational institution is of a kind referred to in a preceding paragraph of this definition; and (ii) the principal function, or one of the principal functions, of the undertaking is the provision of teacher training to people engaged as instructors in educational institutions of a kind mentioned in a preceding paragraph of this definition, or of 2 or more such kinds; or (i) an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, if: (i) the principal function, or one of the principal functions, of the institution, or undertaking, is the providing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or 2 or more such kinds; and (ii) that activity is undertaken for the purpose of helping those institutions in their teaching purposes. electronic literary or music item means: (a) a book in electronic form; or (b) a periodical publication in electronic form; or (c) sheet music in electronic form; regardless of whether there is a printed form. electronic rights management information, in relation to a work or other subject‑matter, means information that: (a) is electronic; and (b) either: (i) is or was attached to, or is or was embodied in, a copy of the work or subject‑matter; or (ii) appears or appeared in connection with a communication, or the making available, of the work or subject‑matter; and (c) either: (i) identifies the work or subject‑matter, and its author or copyright owner (including such information represented as numbers or codes); or (ii) identifies or indicates some or all of the terms and conditions on which the work or subject‑matter may be used, or indicates that the use of the work or subject‑matter is subject to terms or conditions (including such information represented as numbers or codes). eligible rights holder has the meaning given by subsection 113V(9). engraving includes an etching, lithograph, product of photogravure, woodcut, print or similar work, not being a photograph. exclusive licence means a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorizing the licensee, to the exclusion of all other persons, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and exclusive licensee has a corresponding meaning. free‑to‑air broadcast means: (a) a broadcast delivered by a national broadcasting service, commercial broadcasting service or community broadcasting service within the meaning of the Broadcasting Services Act 1992; or (b) a broadcast delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992 that does no more than transmit program material supplied by National Indigenous TV Limited. future copyright means copyright to come into existence at a future time or upon the happening of a future event. 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. government has the meaning given by subsection 182B(1). government copy has the meaning given by subsection 182B(1). infringing copy means: (a) in relation to a work—a reproduction of the work, or of an adaptation of the work, not being a copy of a cinematograph film of the work or adaptation; (b) in relation to a sound recording—a copy of the sound recording not being a sound‑track associated with visual images forming part of a cinematograph film; (c) in relation to a cinematograph film—a copy of the film; (d) in relation to a television broadcast or a sound broadcast—a copy of a cinematograph film of the broadcast or a record embodying a sound recording of the broadcast; and (e) in relation to a published edition of a work—a facsimile copy of the edition; being an article (which may be an electronic reproduction or copy of the work, recording, film, broadcast or edition) the making of which constituted an infringement of the copyright in the work, recording, film, broadcast or edition or, in the case of an article imported without the licence of the owner of the copyright, would have constituted an infringement of that copyright if the article had been made in Australia by the importer, but does not include: (f) a non‑infringing book whose importation does not constitute an infringement of that copyright; or (g) a non‑infringing accessory whose importation does not constitute an infringement of that copyright; or (h) a non‑infringing copy of a sound recording whose importation does not infringe that copyright; or (i) a non‑infringing copy of a computer program whose importation does not infringe that copyright; or (j) a non‑infringing copy of an electronic literary or music item whose importation does not infringe that copyright. institution includes an educational institution. international agreement means: (a) a convention to which Australia is a party; or (b) an agreement or arrangement between Australia and a foreign country, including an agreement, arrangement or understanding between a Minister and an official or authority of a foreign country. international organization to which this Act applies means an organization that is declared by regulations made for the purposes of section 186 to be an international organization to which this Act applies, and includes: (a) an organ of, or office within, an organization that is so declared; and (b) a commission, council or other body established by such an organization or organ. judicial proceeding means a proceeding before a court, tribunal or person having by law power to hear, receive and examine evidence on oath. key cultural institution has the meaning given by section 113L. law of the Commonwealth includes a law of a Territory. licensed copying or communicating has the mea