The Attorney-General’s Department has published guidelines for organisations wanting to be prescribed as “key cultural institutions” under sections 51B, 100BA and 112AA of the Copyright Act. These provisions came into operation on 11 December 2006 and give “key cultural organisations” a broader ability to make preservation copies of copyright material than permitted under the other, pre-existing library and archive provisions.

Organisations set up under a statute with “the function of developing and maintaining [a] collection” are already entitled to rely on these provisions; other organisations with material of historical and cultural significance to Australia may apply to the Attorney-General in writing to be prescribed as a key cultural institution for the purposes of the sections.

Organisations wanting to apply to be prescribed should include in their application:

• the name and address of the body seeking prescription, together with information as to where the relevant collection is located (if not at the same address as the body administering it);

• whether or not the public has access to the material for research or study purposes, and if not, how the public will otherwise benefit from the preservation copying;

• details of the collection, material, or item to be copied for preservation;

• an explanation of the reason why the material is considered by the organisation to be of cultural or historical significance to Australia (the guidelines give as an example that it is “the only collection of material of this kind in Australia”);

• any other relevant matters (the guidelines give as an example, “any relevant qualifications of the person assessing the material or of the person who may act as the authorising officer” for the collection).

The guidelines state that each application will be considered on its merits and that, where the Attorney-General is not satisfied with the information provided, further information may be requested. The guidelines also state that the Attorney-General may “consult as he/she considers appropriate”.

To view the guidelines, click here.