Australia- Copyright Amendment (Digital Agenda) Act 2000
Act No. 110 of 2000 as amended
This compilation was prepared on 2 August 2002
[This Act was amended by Act No. 63 of 2002]
Amendments from Act No. 63 of 2002
[Schedule 2 (item 4) amended Item 41 of Schedule 1;
Schedule 2 (item 5) amended Item 224 of Schedule 1;
Schedule 2 (items 4 and 5) commenced on 4 March 2001]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Schedule 1-Amendment of the Copyright Act 1968
Schedule 2-Transitional provisions 94
An Act to amend the Copyright Act 1968, and for related purposes
[Assented to 4 September 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Copyright Amendment (DigitalAgenda) Act 2000.
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Object of the Act
The object of this Act is to amend the Copyright Act 1968 so as to:
(a) ensure the efficient operation of relevant industries in the online environment by:
(i) promoting the creation of copyright material and the exploitation of new online technologies by allowing financial rewards for creators and investors; and
(ii) providing a practical enforcement regime for copyright owners; and
(iii) promoting access to copyright material online; and
(b) promote certainty for communication and information technology industries that are investing in and providingonline access to copyright material; and
(c) provide reasonable access and certainty for end users of copyright material online; and
(d) ensure that cultural and educational institutions can access, and promote access to, copyright material in the online environment on reasonable terms, including having regard to the benefits of public access to the material and the provision of adequate remuneration to creators and investors; and
(e) Ensure that the relevant global technical standards which form the basis of new communication and information technologies, such as the Internet, are not jeopardized.
4 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1-Amendment of the Copyright Act 1968
1 Subsection 10(1) (definition of broadcast)
Repeal the definition, substitute:
Broadcast means a communication to the public delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992.
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.
2 Subsection 10(1)
Insert:
carriage service provider has the same meaning as in the Telecommunications Act 1997.
3 Subsection 10(1)
Insert:
carrier has the same meaning as in the Telecommunications Act 1997.
4 Subsection 10(1)
Insert:
circumvention device means a device (including a computer program) having only a limited commercially significant purpose or use, or no such purpose or use, other than the circumvention, or facilitating the circumvention, of an effective technological protection measure.
5 Subsection 10(1)
Insert:
circumvention service means a service, the performance of which has only a limited commercially significant purpose, or no such purpose or use, other than the circumvention, or facilitating the circumvention, of an effective technological protection measure.
6 Subsection 10(1)
Insert:
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.
7 Subsection 10(1) (definition of computer program)
Repeal the definition, substitute:
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.
9 Subsection 10(1)
Insert:
electronic rights management information means:
(a) information attached to, or embodied in, a copy of a work or other subject-matter that:
(i) identifies the work or subject-matter, and its author or copyright owner; 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; or
(b) any numbers or codes that represent such information in electronic form.
10 Subsection 10(1) (paragraph (e) of the definition of infringing copy)
Omit “reproduction”, substitute “facsimile copy”.
12 Subsection 10(1) (paragraph (a) of the definition of literary work)
Omit “(whether or not in a visible form)”.
13 Subsection 10(1) (definition of manuscript)
Repeal the definition, substitute:
manuscript, in relation to a literary, dramatic or musical work, means the document embodying the work as initially prepared by the author, whether the document is in hardcopy form, electronic form or any other form.
14 Subsection 10(1)
Insert:
reception equipment means equipment whose operation, either alone or together with other equipment, enables people to hear or see a work or other subject-matter that is communicated.
15 Subsection 10(1)
Insert:
retransmission, in relation to a broadcast, means a retransmission of the broadcast, where:
(a) the content of the broadcast is unaltered (even if the technique used to achieve retransmission is different to the technique used to achieve the original transmission); and
(b) either:
(i) in any case-the retransmission is simultaneous with the original transmission; or
(ii) if the retransmission is in an area that has, wholly or partly, different local time to the area of the original transmission-the retransmission is delayed until no later than the equivalent local time.
