OPC61636 - A  
 
Copyright (Inte rnational Protection) 
Amendment  Regulation s 2018  
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor -General  of the 
Commonwealth of Australia, acting with the advice of the Federal Executive Council, 
make the following regulation s. 
Dated 21 November 2018  
Peter Cosgrove  
Governor -General  
By His Excellency’s Command  
Mitch Fifield  
Minister for Communications  and the Arts  
 
 
 
 
   
   
 
 
 Copyright (International Protection) Amendment Regulations  2018  i 
OPC61636 - A Contents  
1 Name  ................................ ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ ................................ ..........  1 
3 Authority  ................................ ................................ ................................ .....................  1 
4 Schedules  ................................ ................................ ................................ ....................  1 
Schedule  1—Amendments  2 
Part 1—Amendments commencing day after registration  2 
Copyright (International Protection) Regulations  1969  2 
Part 2—Amendments commencing 1  January 20 19 5 
Copyright (International Protection) Regulations  1969  5 
    
   
 
 
 Copyright (International Protection) Amendment Regulation s 2018  1 
OPC61636 - A 1  Name  
  This instrument is the Copyright (International Protection) Amendment 
Regulations  2018 . 
2  Commencement  
 (1) Each provision of this instrument specified in column 1 of the  table commences, 
or is taken to have commenced, in accordance with column 2 of the table. Any 
other statement in column 2 has effect according to its terms.  
 
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  Sections  1 to 4 and 
anything in this 
instrument not 
elsewhere covered by 
this table  The day after this instrument is registered.  27 November 2018  
2.  Schedule  1, Part 1 The day after this instrument is registered.  27 November 2018  
3.  Schedule  1, Part 2 1 January 2019 . 1 January 2019  
Note:  This table relates only to the provisions of this instrument as originally made. It will 
not be amended to deal with any later amendments of this instrument . 
 (2) Any information in column 3 of the table is not part of this instrument. 
Information may be inserted in this column, or information in it may be edited, in 
any published version of this instrument.  
3  Authority  
  This instrument  is made under the Copyright Act 1968 . 
4  Schedules  
  Each instrument that is specified in a Schedule to this instrument  is amended or 
repealed as set out in the applicable items in the Schedule concerned, and any 
other item in a Schedule to this instrument  has effect according to its terms.  Schedule 1   Amendments  
Part 1   Amendments comme ncing day after registration  
 
 
2 Copyright (International Protection) Amendment Regulations  2018   
OPC61636 - A Schedule  1—Amendm ents 
Part 1—Amendments commencing day after registration  
Copyright (International Protection) Regulations  1969  
1  Regulation  2 
Repeal the regulation , substitute:  
2  Authority  
  These regulation s are made under the Copyright Act 1968.  
2  Regulation  3 (after the heading)  
Insert:  
Note:  A number of expressions used in this instrument are defined in the Act, including the 
following:  
(a) broadcast ; 
(b) cinematograph film;  
(c) sound broadcast;  
(d) sound recording;  
(e) television broadcast;  
(f) work.  
3  Subreg ulation  3(1) 
Omit “, unless the contrary intention appears”.  
4  Subregulation  3(1) 
Insert:  
foreign encoded broadcast : see subregulation  4(7C).  
5  Subregulation  3(1) (definition of US broadcaster ) 
Repeal the definition.  
6  Regulation  4 (heading)  
Repeal the heading, substitute:  
4  Protection —application of the Act (other than Part  XIA) to specified foreign 
countries  
7  Regulation  4 (after the heading)  
Insert:  
Scope  
 (1AA) For the purposes of section  184 of the Act, this regulation applies certain 
provisions of the Act (other than Part  XIA of the Act  (performers’ protection) ) in 
relation to the foreign countries  specified in this regulation , subject to t he 
exceptions and modifications  specified in this  regulation . Amendments   Schedule 1  
Amendments commencing day after registration   Part 1  
 
 
 Copyright (International Protection) Amendment Regulation s 2018  3 
OPC61636 - A 8  Subregulation  4(7B)  
Repeal the subregulation, substitute:  
Encoded broadcasts  made from Malaysia and the United States of America  
 (7B) Subject to these Regulations, a provision of Part  VAA of the Act that applies to 
an encoded broadcast made from a place in Australia (an Australian encoded 
broadcast ) applies in relation to a foreign encoded broadcast:  
 (a) in the same way as the provision applies, under the Act, in relation to an 
Austral ian encoded broadcast; and  
 (b) as if the foreign encoded broadcast were an Australian encoded broadcast.  
 (7C) A foreign encoded broadcast  is an encoded broadcast made at a material time by 
a broadcaster if:  
 (a) the broadcast is made from a place in:  
 (i) Malaysia;  or 
 (ii) the United States of America; and  
 (b) the broadcaster:  
 (i) is entitled, under the law of the country from which the broadcast is 
made, to make that broadcast; and  
 (ii) is, at the material time, a citizen or national of that country,  or a 
person resident in, or a body corporate that has its headquarters in, 
that country.  
 (7D)  For the purposes of paragraph  184(3)(a) of the Act, the following international 
agreements are specified:  
 (a) in relation to the application of a provision of Part VAA of the Act to a 
broadcast made from a place in Malaysia —the Malaysia -Australia Free 
Trade Agreement, done at Kuala Lumpur on 22  May 2012;  
 (b) in relation to the application of a provision of Part  VAA of the Act to a 
broadcast made from a place in  the United States of America —the 
Australia -United States Free Trade Agreement done at Washington DC on 
18 May 2004.  
Note:  In 2018, the text of these Agreements was accessible through the Australian Treaties 
Library on the AustLII website (www.austlii.edu. au). 
9  Regulation  8 (heading)  
Repeal the heading, substitute:  
8  Protection —application of Part XIA of the Act to specified foreign countries  
10  Regulation  8 (after the heading)  
Insert:  
Scope  
 (1A)  For the purposes of section  248U of the Act, this regulation applies certain 
provisions of Part  XIA of the Act (p erformers’ protection) in relation to the 
foreign countries  specified in this regulation , subject to the exceptions and 
modifications specified  in this regulation.  Schedule 1   Amendments  
Part 1   Amendments commencing day after registration  
 
 
4 Copyright (International Protection) Amendment Regulations  2018   
OPC61636 - A 11  Part 4 (heading)  
Repeal t he heading, substitute:  
Part  4—Application , savings  and transitional provisions  
12  In the appropriate position in Part  4 
Insert:  
15  Amendments made by the Copyright (International Protection) Amendment 
Regulation s 2018 
 (1) The repeal of subregulation  4(7B)  of these Regulations and its substitutio n with 
new subregulations 4(7B), (7C) and (7D) made by Part 1 of Schedule  1 to the 
Copyright (Inte rnational Protection) Amendment  Regulation s 2018 applies  in 
relation to  a foreign encoded broadcast made on or a fter the commencement of 
this regulation . 
 (2) The repeal and substitution of Schedule  3 to these regulations made by Part  2 of 
Schedule  1 to the Copyright (International Protection) Amendment 
Regulations  2018  applies  in relation to:  
 (a) a recording heard in public on or after 1 January 2019 ; and  
 (b) a broadcast  made on or after 1  January 2019.  
Note:  Part 2 of Schedule  1 to the Copyright (International Protection) Amendment 
Regulations  2018  commences on 1  January 2019.  Amendments   Schedule 1  
Amendments commencing 1 January 2019   Part 2  
 
 
 Copyright (International Protection) Amendment Regulation s 2018  5 
OPC61636 - A Part 2—Amendments c ommencing 1  January 2019  
Copyright (International Protection) Regulations  1969  
13  Schedule  3 
Repeal the Schedule, substitute:  
Schedule  3—Secondary uses of sound recordings  
Note:  See the definition of Schedule  3 country  in subregulation  3(1) and subregulations 6(2) and 7(2).  
 
 
Countries that provide rights for secondary uses of sound recordings  
Albania  
Algeria  
Andorra  
Argentina  
Armenia  
Austria  
Azerbaijan  
Bahamas, The  
Bahrain  
Bangladesh  
Barbados  
Belarus  
Belgium  
Benin  
Bermuda  
Bolivia  
Bosnia and Herzegovina  
Botswana  
Brazil  
Brunei Darussalam  
Bulgaria  
Burkina Faso  
Cabo Verde  
Canada  
Chile  
Colombia  
Costa Rica  
Croatia  
Cyprus  
Czech Republic  
Denmark  
Dominica  
Dominican Republic  
Ecuador  Schedule 1   Amendments  
Part 2   Amendments commencing 1 January 2019  
 
 
6 Copyright (International Protection) Amendment Regulations  2018   
OPC61636 - A Countries that provide rights for secondary uses of sound recordings  
El Salvador  
Estonia  
Fiji 
Finland  
Former Yugoslav Republic of Macedonia  
France  
Georgia  
Germany  
Ghana  
Greece  
Guatemala  
Guinea  
Holy See, The  
Honduras  
Hungary  
Iceland  
India  
Indonesia  
Ireland  
Israel  
Italy 
Jamaica  
Japan  
Kazakhstan  
Kyrgyzstan  
Latvia  
Lebanon  
Lesotho  
Liberia  
Liechtenstein  
Lithuania  
Luxembourg  
Malaysia  
Mali  
Malta  
Mauritius  
Mexico  
Moldova, Republic of  
Monaco  
Mongolia  
Montenegro  
Morocco  
Netherlands  
New Zealand  Amendments   Schedule 1  
Amendments commencing 1 January 2019   Part 2  
 
 
 Copyright (International Protection) Amendment Regulation s 2018  7 
OPC61636 - A Countries that provide rights for secondary uses of sound recordings  
Nicaragua  
Nigeria  
Norway  
Oman  
Pakistan  
Panama  
Paraguay  
Peru 
Philippines  
Poland  
Portugal  
Qatar  
Republic of Korea  
Romania  
Russian Federation  
Saint Lucia  
Saint Vincent and the Grenadines  
Serbia  
Slovak Republic  
Slovenia  
Spain  
Sweden  
Switzerland  
Tajikistan  
Thailand  
Togo  
Trinidad and Tobago  
Turkey  
Ukraine  
United  Arab Emirates  
United Kingdom  
Uruguay  
Venezuela  
Vietnam