Review of Copyright Regulations 1969 and the Copyright Tribunal (Procedure) Regulations 1969

12 September 2017

 

The Federal Government has today released two exposure drafts of Regulations related to the Copyright Act, namely the Copyright Regulations 2017 and the Copyright Legislation Amendment (Technological Protection Measures) Regulations 2017. These are aimed at updating and replacing the current Copyright Regulations 1969 and the Copyright Tribunal (Procedure) Regulations 1969, which are due to sunset in April 2018.


The proposed Regulations give detail to a number of matters in order to give effect to the Copyright Act, particularly in light of the successful passing of the Copyright Amendment (Disability Access and Other Measures) Act 2017 in June 2017. These include matters in relation to:

·         copyright in original works and other subject-matter;

·         remedies for infringement of copyright;

·         copying and communication of copyright material by educational institutions and other organisations;

·         procedures and documents relating to the Copyright Tribunal.


Additionally, the proposed Regulations also seek to update the existing regulations relating to:

·         notice requirements for copyright material and moral rights;

·         declaration requirements and procedures for libraries and archives;

·         other countries that the Copyright Act applies to;

·         making inquiries in relation to musical work;

·         limitations of remedies against carriage service providers;

·         exceptions regarding technological protection measures;

·         remedies for infringement;

·         retransmission of free-to-air broadcasts; and

·         infringement notices and forfeiture of infringing articles and devices.


Submissions on the proposed Regulations are open until on 6 October 2017. Copies of the exposure draft and submission details are available at the Department of Communications and the Arts website:
communications.gov.au/have-your-say/review-copyright-regulations-1969-and-copyright-tribunal-procedure-regulations-1969
.