WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/AUS/C/4 
15 August 2007 
 (07-3442) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY  
LAWS AND REGULATIONS NOTIFIED UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
AUSTRALIA 
 
 The present document reproduces the text1 of the following laws and regula tions, notified by Australia under 
Article 63.2 of the Agreement (see document IP/N/1/AUS/2). 
 Page 
- Copyright (International Protection) Re gulations (Amendment) 1995 - 1995 No. 67 2 
- Copyright (International Protection) Re gulations (Amendment) 1995 - 1995 No. 436 8 
- Copyright (International Protection) Regulati ons (Amendment) 1998 (No. 1) - 1998 No. 360 10 
- Copyright (International Protection) Regulati ons (Amendment) 2001 (No. 1) - 2001 No. 29 15 
- Copyright (International Protection) Regulati ons (Amendment) 2003 (No. 1) - 2003 No. 337 22 
- Copyright (International Protection) Regulati ons (Amendment) 2004 (No. 1) - 2004 No. 257 35 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
AUSTRALIE 
 
 Le présent document contient le texte1 des lois et réglementations ci-après, notifiées par l'Australie au titre de 
l'article 63:2 de l'Accord (voi r le document IP/N/1/AUS/2). 
 Page 
- Réglementation de 1995 relative à la protection interna tionale du droit d'auteur (M odification) - 1995 n° 67 2 
- Réglementation de 1995 relative à la protection interna tionale du droit d'auteur (M odification) - 1995 n° 436 8 
- Réglementation n° 1 de 1998 relative à la protection inte rnationale du droit d'auteur (Modification) - 1998 n° 360 10 
- Réglementation n° 1 de 2001 relative à la protection inte rnationale du droit d'auteur (Modification) - 2001 n° 29 15 
- Réglementation n° 1 de 2003 relative à la protection inte rnationale du droit d'auteur (Modification) - 2003 n° 337 22 
- Réglementation n° 1 de 2004 relative à la protection inte rnationale du droit d'auteur (Modification) - 2004 n° 257 35 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA  
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD  
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
AUSTRALIA 
 
 En el presente documento se reproduce el texto1 de las siguientes leyes y reglamentos notificados por Australia en 
virtud de lo dispuesto en el párrafo 2 del artículo  63 del Acuerdo (véase el documento IP/N/1/AUS/2). 
 Página 
- Reglamento del Derecho de Autor (Protección Internacional) (Modificación) de 1995 - 1995 N° 67 2 
- Reglamento del Derecho de Autor (Protección In ternacional) (Modificación) de 1995 - 1995 N° 436  8 
- Reglamento del Derecho de Autor (Protección Intern acional) (Modificación) de 1998 (N° 1) - 1998  N° 360 10 
- Reglamento del Derecho de Autor (Protección Intern acional) (Modificación) de 2001 (N° 1) - 2001  N° 29 15 
- Reglamento del Derecho de Autor (Protección Intern acional) (Modificación) de 2003 (N° 1) - 2003  N° 337 22 
- Reglamento del Derecho de Autor (Protección Intern acional) (Modificación) de 2004 (N° 1) - 2004  N° 257 35 
 
                                                      
1 In English only/En anglais seulement/En inglés solamente. IP/N/1/AUS/C/4 
Page 2  
 
  
 
 
Statutory Rules 1995   No. 671 
__________________ 
 
Copyright (International Protection) Regulations2 (Amendment) 
 
 I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the 
Federal Executive Council, make the following Regulations under the Copyright Act 1968 . 
 
Dated 4 April 1995.  
          B I L L  H A Y D E N           G o v e r n o r - G e n e r a l  
By His Excellency’s Command, 
  
D. KERR 
Minister for Justice 
____________ 
 
 
1.   Commencement 
1.1   Regulations 4, 5, 6, 7 and 8 and subre gulations 10.1 and 10.10 commence on 1 July 1995. 
 
[NOTE:  The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, 
s. 48. ]  IP/N/1/AUS/C/4 
 Page 3 
 
 
  2.   Amendment 
 
2.1   The Copyright (International Protection)  Regulations are amended as set out in these 
Regulations.  3.   Regulation 3 (Interpretation) 
 
3.1   Subregulation 3 (3): Omit “(a) of section 46 of the Acts Interpretation Act 1901-1966,”, substitute “46 (1) (a) of the Acts 
Interpretation Act 1901,”. 
 
4.   Regulation 4 (Application of the Act) 
 
4.1   Subregulation 4 (1): Omit “Part II or Part III”, substitute “Part II, Part III or Part V”. 
 
4.2   Paragraph 4 (2) (a): Omit “Part II or Part III”, substitute “Part II, Part III or Part V”.  4.3   Subregulations 4 (3) and (4): Omit “Part II or Part III”, substitute “Part II, Part III or Part V”. 
 
4.4   Subregulation 4 (5): Omit “Part 1, Part II, Part III or Part IV of”.  
5.   Regulation 4B (Additional app lication of Act to certain performances) 
 
5.1   Omit the regulation, substitute:  
Application of the Act to certain performances having a connection with certain World Trade 
Organization countries 
 “4B. (1) In this regulation:  
‘relevant country’  means a country that constitutes, or forms part of, the territory of a country that: 
   (a) is specified in Part V of Schedule 1; and   (b) is not specified in Part IV of Schedule 1. 
 “(2) The provisions of Part XIA of the Act, relating to: 
  (a) sound recordings; and   (b) sound broadcasts of live performances; and   (c) sound transmissions of live performan ces to subscribers of diffusion services; 
apply to the following performances:   (d) a performance by a performer who is a citizen, national or resident of a relevant 
country; 
  (e) a performance given in a relevant country;   (f) a performance recorded by a citizen, na tional or resident of a relevant country; 
  (g) a performance broadcast by a releva nt broadcaster from a relevant country; 
  (h) a performance the first recording of  which occurred in a relevant country.”. 
 
6.   Regulation 8 (Copyright not to subs ist in overseas editions in certain cases) 
 
6.1   Paragraphs 8 (a) and (b): Omit “Part II or Part III”, substitute “Part II, Part III or Part V”. IP/N/1/AUS/C/4 
Page 4  
 
   
7.   Regulation 9 (Application of certain provisions of the Act to certain overseas works) 
 
7.1   Subregulations 9 (2) and (3): Omit “Part I or Part III”, substitute “Part I, Part III or Part V”. 
 
8.   Regulation 13 (Modification of application of provisions of the Act to performances) 
 
8.1   Paragraph 13 (2) (a): After “IV”, insert “or V”. 
 
8.2   Add at the end:   “(4) For the purposes of subregulation (2), if:  
  (a) Part V of Schedule 1 is remade; and 
  (b) on the remaking, the name of a country is included in the Part; and   (c) immediately before the remaking, the name of the country was not included in the 
Part; 
the remaking of the Part is taken to be an amendmen t of these Regulations that inserts the name of the 
country in Part V. 
 
 “(5) This regulation is taken not to apply to , or to affect the application of, section 248QA 
of the Act as applied by a provision  of these Regulations.”.  
9.   The Schedules 
 
9.1   Heading: Omit the heading.  
10.   Schedule 1 (Countries to which the provisions of the Act apply) 
 10.1   Heading: 
Omit the heading, substitute:  
“SCHEDULE 1 
                R e g u l a t i o n s  3 ,  4 ,                  4A, 4B, 8, 9, 10, 
                1 1 ,  1 2  a n d  1 3   
COUNTRIES TO WHICH THE PROVISIONS OF THE ACT APPLY”. 
 10.2   Part I heading: 
Omit the heading, substitute: 
 
“PART I 
 
STATES PARTY TO THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY 
AND ARTISTIC WORKS”. 
 10.3   Part 1: Insert the following countries in th e appropriate alphabetical position determined on a letter-by-letter 
basis:  IP/N/1/AUS/C/4 
 Page 5 
 
 
  “Estonia 
 Guyana  Lithuania  Russian Federation  Saint Kitts and Nevis 
 Tanzania”. 
 10.4   Part II heading: Omit the heading, substitute:  
“PART II 
 
STATES PARTY TO THE UNIVERSAL COPYRI GHT CONVENTION THAT ARE NOT PARTY 
TO THE BERNE CONVENTION”. 
 
10.5   Part II: 
Omit “Russian Federation”.  10.6   Part II: After “Saint Vincent and the Gren adines”, insert “Saudi Arabia”. 
 
10.7   Part III heading: 
Omit the heading, substitute:  
“PART III 
 
COUNTRIES WITH WHICH AUSTRALIA HAS CONCLUDED A BILATERAL COPYRIGHT 
AGREEMENT”. 
 10.8   Part IV heading: Omit the heading, substitute: 
“PART IV 
 
STATES PARTY TO THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF 
PERFORMERS, PRODUCERS OF PHONOGRAMS AND BROADCASTING ORGANISATIONS 
(ROME CONVENTION)”. 
 
10.9   Part IV: 
After “Honduras”, insert: “Hungary  Iceland”.  IP/N/1/AUS/C/4 
Page 6  
 
  10.10   Add at the end: 
 
“PART V 
 
MEMBERS OF THE WORLD TRADE ORGANIZATION 
   
Antigua and Barbuda Iceland Romania Argentina India Saint Lucia Austria Bahrain Indonesia 
Ireland Saint Vincent and the 
   Grenadines 
Bangladesh Italy Senegal 
Barbados Jamaica Singapore Belgium Japan Slovak Republic Belize Kenya South Africa Brazil Korea, Republic of Spain 
Brunei Darussalam Kuwait Sri Lanka 
Canada Luxembourg Suriname Chile Macau Swaziland Costa Rica Malaysia Sweden Côte d’Ivoire Malta Tanzania Czech Republic Mauritius Thailand 
Denmark Mexico Trinidad and Tobago 
Dominica Morocco Tunisia Dominican Republic Myanmar Turkey Finland Namibia Uganda France Netherlands United Kingdom 
Gabon 
Germany New Zealand 
Nigeria United States of America 
Ghana Norway Uruguay 
Greece Pakistan Venezuela Guyana Paraguay Zambia Honduras Peru Zimbabwe”. 
Hong Kong Philippines  
Hungary Portugal   
11.   Schedule 3 
 11.1   Heading: 
Omit the heading, substitute:  
    “ S C H E D U L E  3   Regulations 6 and 7 
 
COUNTRIES THAT PROVIDE RIGHTS FOR SECONDARY USES OF  
SOUND RECORDINGS”. 
 11.2   Insert the following countries in the appropr iate alphabetical position determined on a letter-by-
letter basis: “Barbados 
 Bolivia 
 Chile  Dominican Republic  Greece  Honduras  IP/N/1/AUS/C/4 
 Page 7 
 
 
   Jamaica 
 Panama”. _______________________________________________________________________________ 
NOTES 
 
1. Notified in the Commonwealth of Australia Gazette  on  11 April 1995. 
 
2. Statutory Rules 1969 No. 60 as amended by 1969 No. 65; 1974 No. 137; 1980 No. 276; 1981 No. 74; 
1983 No. 127; 1984 No. 43; 1990 Nos. 356 and 357; 1991 Nos. 451 and 452; 1992 No. 124; 1993 No. 214; 
1994 No. 114. IP/N/1/AUS/C/4 
Page 8  
 
  1995 No. 436*1* COPYRIGHT (INTERNAT IONAL PROTECTION) REGULATIONS*2* 
(AMENDMENT)  
- Dated 20 December 1995 
 *1* Notified in the Commonwealth of Au stralia Gazette on 22 December 1995. 
 
*2* Statutory Rules 1969 No. 60 as amended by 1969 No. 65; 1974 No. 137; 1980 No. 276; 1981 No. 74; 1983 No. 127; 1984 No. 43; 1990 Nos. 356 and 357; 1991 Nos. 451 and 452; 1992 No. 124; 1993 No. 214; 1994 No. 114; 1995 No. 67.  
 
1995 No. 436 COPYRIGHT (INTERNATI ONAL PROTECTION) REGULATIONS 
(AMENDMENT) - REG 1 1. Amendment  
 
REG   1.1 The Copyright (International Protection) Regulations are amended as set out in these 
Regulations. (NOTE: These Regulations commence on gazetta l: see Acts Interpretation Act 1901, s. 48.) 
 
 
1995 No. 436 COPYRIGHT (INTERNATI ONAL PROTECTION) REGULATIONS 
(AMENDMENT) - REG 2 2. Schedule 1 (Countries to which the provisions of the Act apply)  
 
REG   2.1 Part I: Insert the following countries in the appropriate alphabetical position determined on a letter by letter basis:   "Georgia 
  Haiti 
  Latvia   Moldova   Saint Vincent and the Grenadines   Ukraine". 
 
   2.2 Part II: Omit the following countries:   "Haiti   Saint Vincent and the Grenadines 
  Ukraine". 
    2.3 Part IV: Insert the following countries in the appropriate alphabetical position 
determined on a letter by letter basis: 
  "Bulgaria   Moldova".    IP/N/1/AUS/C/4 
 Page 9 
 
 
    2.4 Part V: 
Insert the following countries in the appropriate alphabetical position determined on a letter by letter basis:   "Bolivia   Botswana 
  Burkina Faso 
  Burundi   Central African Republic   Colombia   Cuba 
  Cyprus 
  Djibouti   Egypt, Arab Republic of   El Salvador   Guatemala 
  Guinea 
  Guinea-Bissau   Israel   Lesotho, Kingdom of   Liechtenstein   Malawi 
  Maldives 
  Mali   Mauritania   Mozambique   Nicaragua 
  Poland 
  Sierra Leone   Slovenia, Republic of   Switzerland   Togo". IP/N/1/AUS/C/4 
Page 10  
 
  
 
 
Copyright (International Protection)  Amendment Regulations 1998 (No. 1)   
Statutory Rules 1998   No. 360 
_________________________________________________________________________________ 
 
 I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with 
the advice of the Federal Executive Council, make the following Regulations under the Copyright 
Act 1968 . 
 Dated 17 December 1998.  
          W I L L I A M  D E A N E  
            G o v e r n o r - G e n e r a l  By His Excellency’s Command,    
 
DARYL WILLIAMS Attorney-General __________________________________________________________________________________  IP/N/1/AUS/C/4 
 Page 11 
 
 
  
 
 
Copyright (International Protection)  
Amendment Regulations 1998 (No. 1)1 
  
Statutory Rules 1998    No. 3602 
 
made under the 
 
Copyright Act 1968 
__________________________________________________________________________________ 
  
Contents 
  1 Name of regulations  
  2 Commencement    3 Amendment of Copyright (International Protection) Regulations   Schedule 1 Amendments of Copyright (International Protection) Regulations  
 
 
_______________ 
 
 
1 Name of regulations 
 
  These regulations are the Copyright (International Protection) Amendment 
Regulations 1998 (No. 1). 
 
2 Commencement  
  These regulations commence on gazettal. 
 
3 Amendment of Copyright (International Protection) Regulations 
 
  Schedule 1 amends the Copyright (In ternational Protection) Regulations. IP/N/1/AUS/C/4 
Page 12  
 
  Schedule 1 Amendments of Copyright (International Protection) Regulations 
  [1] Regulation 1 
 
 substitute 
 
 1 Name of regulations 
 
  These regulations are the Copyright (International Protection) 
Regulations 1969.  
 
[2] Regulation 3, definition of simultaneously 
 
 omit 
 
[3] Regulation 3, definition of the country of origin 
 
 omit 
 
[4] Regulation 4 
 
 omit each mention of  
 
  Part III  [5] Regulation 5 
 
 omit 
 
[6] Regulation 8 
 
 omit each mention of  
 
  Part III  
[7] Regulation 9, heading 
 
 after 
 
  overseas works 
 
 insert 
 
  and other subject matter 
 
[8] Regulation 9 
 
 omit each mention of  
 
  Part III   IP/N/1/AUS/C/4 
 Page 13 
 
 
  [9] Schedule 1, Part I 
 
 omit 
 
  Z a i r e  
 
[10] Schedule 1, Part I 
 
 insert 
   Algeria, Bahrain, Belarus, Botswana, Ca pe Verde, Cuba, Democratic Republic of the 
Congo, Dominican Republic, Equatorial Guin ea, Grenada, Guatemala, Indonesia, 
Korea Republic of, Mongolia, Pa nama, Singapore and Swaziland. 
 
[11] Schedule 1, Part II, heading 
 
 
 after 
 
  BERNE CONVENTION   insert 
 
  , NOR MEMBERS OF THE WORLD TRADE ORGANIZATION  
[12] Schedule 1, Part II 
 
 omit 
 
  Algeria, Bangladesh, Belarus, Belize, Cuba, Dominican Republic, Guatemala, Korea 
Republic of, Nicaragua and Panama. 
 [13] Schedule 1, Part III 
 
 omit 
 
[14] Schedule 1, Part IV 
 
 insert 
 
  Canada, Cape Verde, Former Yugosla v Republic of Macedonia, Lebanon, Poland, 
Saint Lucia, Slovenia and Venezuela. 
 [15] Schedule 1, Part V 
 
 insert 
 
  Angola, Benin, Bulgaria, Cameroon, Chad, Congo, Democratic Republic of the 
Congo, Ecuador, Fiji, Gambia, Grenada,  Haiti, Madagascar, Mongolia, Niger, 
Panama, Papua New Guinea, Qatar, Rwanda, Saint Kitts and Nevis, Solomon Islands 
and United Arab Emirates. 
 IP/N/1/AUS/C/4 
Page 14  
 
  [16] Schedule 3 
 
 omit 
 
  Union of Soviet Socialist Republics 
 
 insert 
 
  Russian Federation _______________________________________________________________________________  Notes 
1. These regulations amend Statutory Rules 1969 No. 60 as amended by 1969 No. 65; 1974 No. 137; 1980 No. 276; 
1981 No. 74; 1983 No. 127; 1984 No. 43; 1990 Nos. 356 and 357; 1991 Nos. 451 and 452; 1992 No. 124; 
1993 No. 214; 1994 No. 114; 1995 Nos. 67 and 436. 
 
2. Made by the Governor-General on 17 December 1998, and notified in the Commonwealth of Australia Gazette  
on 22 December 1998. Administered by the Attorney-General.  IP/N/1/AUS/C/4 
 Page 15 
 
 
  
 
 
Copyright (International Protection) Amendment Regulations 2001 (No. 1)1 
 
 Statutory Rules 2001 No. 29
2 
__________________________________________________________________________________________ 
 
 
I, WILLIAM PATRICK DEANE, Governor-General of th e Commonwealth of Australia, acting with the advice 
of the Federal Executive Council, make the following Regulations under the Copyright Act 1968. 
 
Dated 22 February 2001. 
 
  
 
          W I L L I A M  D E A N E             G o v e r n o r - G e n e r a l  
By His Excellency’s Command 
  
 
 DARYL WILLIAMS 
Attorney-General IP/N/1/AUS/C/4 
Page 16  
 
  1 Name of Regulations 
 
 These Regulations are the Copyright (International Protection) Amendment Regulations 2001 
(No. 1). 
 
2 Commencement 
 
 These Regulations commence on gazettal.  
3 Amendment of Copyright (International Protection) Regulations 1969 
 
 Schedule 1 amends the Copyright (International Protection) Regulations 1969.  
 
 Schedule 1 Amendments 
   (regulation 3)  
[1] Regulations 3, 4, 4A, 4B, 8, 9, 10, 12 and 13 
 
Provision omit each mention of insert 
Paragraph 3 (4) (e) United Kingdom of Great Britain and 
Northern Ireland United Kingdom
Subregulation 4 (1) Part I, Part II or Part V Part 1, 2 or 5 
Paragraph 4 (2) (a) Part I, Part II or Part V Part 1, 2 or 5 
Subregulations 4 (3) and (4) Part I, Part II or Part V Part 1, 2 or 5 
Subregulation 4 (6) Part IV Part 4 Subregulations 4A (1), (2), (3) and (4) Part IV Part 4 
Paragraph 4A (5) (b) Part IV Part 4 
Paragraph 4B (1) (a) Part V Part 5 
Paragraph 4B (1) (b) Part IV Part 4 Paragraph 8 (a) Part I, Part II or Part V Part 1, 2 or 5 Regulation 8 Part I, Part II or Part V Part 1, 2 or 5 Paragraph 9 (1) (a) Part II Part 2 Subregulations 9 (2) and (3) Part I, or Part V Part 1 or 5 
Subregulation 10 (2) Part II Part 2 
Subregulation 12 (2) Part IV Part 4 Subregulation 12 (3) Part IV Part 4 Paragraph 13 (2) (a) Part IV or V Part 4 or 5 Subregulation 13 (3) Part IV Part 4 
Subregulation 13 (4) Part V Part 5 
  
[2] Schedule 1 
substitute 
  Schedule 1 Countries to which the provisions of the Act apply 
   (regulations 3, 4, 4A, 4B, 8, 9, 10, 11, 12 and 13) 
 
 Part 1 States party to the Berne Convention  for the protection of literary and artistic 
works 
  IP/N/1/AUS/C/4 
 Page 17 
 
 
  Albania 
Antigua and Barbuda Argentina Armenia Austria 
Azerbaijan 
Bahamas Bahrain Bangladesh Barbados 
Belarus 
Belgium Belize Benin Bolivia 
Bosnia and Herzegovina 
Botswana Brazil Bulgaria Burkina Faso 
Cameroon 
Canada Cape Verde Central African Republic Chad Chile 
China 
Colombia Congo, Democratic Republic of Congo, Republic of Costa Rica 
Côte d’Ivoire 
Croatia Cuba Cyprus Czech Republic 
Denmark 
Dominica Dominican Republic Ecuador Egypt El Salvador 
Equatorial Guinea 
Estonia Fiji Finland France 
Gabon 
Gambia Georgia Germany Ghana 
Greece 
Grenada Algeria  
Guatemala Guinea Guinea-Bissau Guyana 
Haiti 
Holy See Honduras Hungary Iceland 
India 
Indonesia IrelandIsrael Italy Jamaica 
Japan 
Jordan Kazakhstan Kenya Korea, Republic of 
Kyrgyzstan 
Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya 
Liechtenstein 
Lithuania Luxembourg Macedonia, former Yugoslav Republic of Madagascar 
Malawi 
Malaysia Mali Malta Mauritania 
Mauritius 
Mexico Moldova, Republic of Monaco Mongolia Morocco 
Namibia 
Netherlands New Zealand Nicaragua Niger 
Nigeria 
Norway Oman Pakistan Panama 
Paraguay IP/N/1/AUS/C/4 
Page 18  
 
  Peru 
Philippines Poland Portugal Qatar 
Romania 
Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia 
Saint Vincent and the Grenadines 
Senegal Singapore Slovakia Slovenia 
South Africa 
Spain Sri Lanka  Suriname 
Swaziland Sweden Switzerland Tajikistan 
Tanzania, United Republic of 
Thailand Togo Trinidad and Tobago Tunisia 
Turkey 
Ukraine United Kingdom United States of America Uruguay 
Venezuela Yugoslavia 
Zambia Zimbabwe 
 
 
 
 Part 2 States party to the Universal Copyri ght Convention that are not party to the 
Berne  Convention, nor members of the World Trade Organisation 
 
 Andorra 
 Cambodia 
 Lao People’s Democratic Republic  Saudi Arabia   
 Part 4  States party to the International Co nvention for the Protection of Performers, 
Producers of Phonograms and Broadcasting Organisations (Rome Convention) 
 
Albania 
Argentina Austria 
Barbados 
Belgium Bolivia Brazil Bulgaria 
Burkina Faso 
Canada Cape Verde Chile Colombia Congo, Republic of 
Costa Rica 
Croatia Czech Republic Denmark Dominica Dominican Republic 
Ecuador El Salvador 
Estonia 
Fiji Finland France Germany 
Greece 
Guatemala Honduras Hungary Iceland Ireland 
Italy 
Jamaica Japan Latvia Lebanon  IP/N/1/AUS/C/4 
 Page 19 
 
 
  Lesotho 
Liechtenstein Lithuania Luxembourg Macedonia, 
former Yugoslav Republic of 
Mexico Moldova, Republic of Monaco Netherlands Nicaragua 
Niger 
Nigeria Norway Panama 
Paraguay Peru Philippines Poland 
Romania 
Saint Lucia  Spain Sweden Switzerland 
United Kingdom 
Uruguay Venezuela 
   Part 5 Members of the World Trade Organisation 
 
Albania Angola Antigua and Barbuda Argentina 
Austria 
Bahrain Bangladesh Barbados Belgium 
Belize 
Benin Bolivia Botswana Brazil 
Brunei Darussalam 
Bulgaria Burkina Faso Burundi Cameroon Canada 
Central African Republic 
Chad Chile Colombia Congo, Democratic Republic of 
Congo, Republic of 
Costa Rica Côte d’Ivoire Croatia Cuba 
Cyprus 
Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt 
El Salvador Estonia Fiji 
Finland 
France Gabon Gambia Georgia 
Germany 
Ghana Greece Grenada Guatemala 
Guinea 
Guinea-Bissau Guyana Haiti Honduras Hong Kong 
Hungary 
Iceland India Indonesia Ireland 
Israel 
Italy Jamaica Japan Jordan 
Kenya 
Korea, Republic of Kuwait Kyrgyzstan Latvia Lesotho IP/N/1/AUS/C/4 
Page 20  
 
  Liechtenstein 
Luxembourg Macau Madagascar Malawi 
Malaysia 
Maldives Mali Malta Mauritania 
Mauritius 
Mexico Mongolia Morocco Mozambique 
Myanmar 
Namibia Netherlands New Zealand Nicaragua 
Niger 
Nigeria Norway Oman Pakistan Panama 
Papua New Guinea 
Paraguay Peru Philippines Poland 
Portugal 
Qatar Romania 
Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines 
Senegal 
Sierra Leone Singapore Slovakia Slovenia 
Solomon Islands 
South Africa Spain Sri Lanka Suriname 
Swaziland 
Sweden Switzerland Tanzania, United Republic of Thailand 
Togo 
Trinidad and Tobago Tunisia Turkey Uganda United Arab Emirates 
United Kingdom 
United States of America Uruguay Venezuela Zambia 
Zimbabwe 
 
  
[3] Schedule 3 
 
 substitute 
 
 Schedule 3 Countries that provide rights for secondary uses of sound recordings 
   (regulations 6 and 7) 
 
Bahamas 
Bangladesh Barbados Bolivia Brazil Canada 
Chile 
Colombia Costa Rica Czech Republic Denmark Dominican Republic 
Ecuador Fiji Finland  Germany Greece  
Guatemala  
Guinea  Holy See Honduras  Iceland   IP/N/1/AUS/C/4 
 Page 21 
 
 
  India  
Ireland  Israel  Italy  Jamaica  
Japan  
Liechtenstein  Mauritius Mexico Netherlands 
New Zealand 
Norway  Pakistan  Panama Paraguay  
Philippines  Poland  Romania  Russian Federation 
Slovakia 
Spain  Sweden  Thailand  Turkey  
United Kingdom 
Uruguay Venezuela 
__________________________________________________________________________________ 
 
Notes 
1. These Regulations amend Statutory Ru les 1969 No. 60, as amended by 1969 No. 65; 
1974 No. 137; 1980 No. 276; 1981 No. 74; 1983 No. 127; 1984 No. 43; 1990 Nos. 356 and 357; 1991 Nos. 451 and 452; 1992 No. 124; 1993 No. 214; 1994 No. 114; 1995 Nos. 67 and 436; 1998 No. 360. 
 
2. Notified in the Commonwealth of Australia Gazette  on 1 March 2001. IP/N/1/AUS/C/4 
Page 22  
 
  
 
 
Copyright (International Protection) Amendment Regulations 2003 (No. 1)1 
 
 Statutory Rules 2003 No. 337
2 
__________________________________________________________________________________ 
 I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with 
the advice of the Federal Executive Council, make the following Regulations under the Copyright 
Act 1968 . 
 Dated 18 December 2003.  
 
             P. M. JEFFERY           G o v e r n o r - G e n e r a l  By His Excellency’s Command 
 
   PHILIP RUDDOCK 
Attorney-General 
__________________________________________________________________________________  IP/N/1/AUS/C/4 
 Page 23 
 
 
  1 Name of Regulations 
 
 These Regulations are the Copyright (International Protection) Amendment Regulations 2003 
(No. 1). 
 
2 Commencement 
 
 These Regulations commence on gazettal.  
3 Amendment of Copyright (International Protection) Regulations 1969  
 
 Schedule 1 amends the Copyright (International Protection) Regulations 1969 
 
Schedule 1 Amendments 
  (regulation 3)    
[1] Before regulation 1 
 
 insert 
 
Part 1 Preliminary 
 
[2] Subregulation 3 (1), before definition of at a material time 
 
 insert 
 
 amending Regulations  means the Copyright (International Protection) Amendment 
Regulations 2003 (No. 1). 
 
[3] Subregulation 3 (1), after definition of at a material time 
 
 insert 
  Berne Convention  country : 
 
 (a) means a foreign country that is a party to the International Convention for the 
Protection of Literary and Artistic Work s concluded at Berne on 9 September 1886 
(the Berne Convention ); and 
 (b) if application of the Berne Convention is  extended, in accordance with international 
law, to a territory (however described) of the foreign coun try — includes that 
territory. 
 
 
Note  1    For information as to which countries are parties to the Berne Convention, see, for example, the World 
Intellectual Property Organi zation website at www.wipo.int. 
 
 Note  2    For the application of these Regulations, before the commencement of the amending Regulations, to a 
territory of a foreign country, see subregulation 3 (4) before its repeal by the amending Regulations. 
 
 foreign country  means a country other than Australia. 
 IP/N/1/AUS/C/4 
Page 24  
 
  [4] Subregulation 3 (1), definition of relevant broadcaster 
 
 substitute 
 
 relevant broadcaster , in relation to a sound broadcast or a television broadcast, means a 
person who: 
  (a) is entitled, under the law of the country  from which the sound broadcast or television 
broadcast is made, to make that sound broadcast or television broadcast; and 
 (b) is, at a material time: 
  (i) a citizen or national of that country; or 
              (ii) a person resident in, or a body corporate that has its headquarters in, that 
country. 
 
[5] Subregulation 3 (1), after definition of relevant broadcaster 
 
 insert 
 
 Rome Convention country : 
 
 (a) means a foreign country that is a party to the International Convention for the 
Protection of Performers, Producers of P honograms and Broadcasting Organisations 
done at Rome on 26 October 1961 (the Rome Convention ); and 
 (b) if application of the Rome Convention is  extended, in accordance with international 
law, to a territory (however described) of the foreign coun try — includes that 
territory. 
 
 
Note  1  For information as to which countries are parties to the Rome Convention, see, for example, the World 
Intellectual Property Organi zation website at www.wipo.int. 
 
 Note  2   For the application of these Regulations, before the commencement of the amending Regulations, to a 
territory of a foreign country, see subregulation 3 (4) before its repeal by the amending Regulations. 
 
 Schedule 3 country : 
 
 (a) means a country that is specified in Schedule 3 as a country that provides rights for 
secondary uses of sound recordings; and 
 (b) if a territory (however described) of the country also provides those rights — includes 
that territory. 
 
 Note    For the application of these Regulations, before the commencement of the amending Regulations, to a 
territory of a foreign country, see subregulation 3 (4) before its repeal by the amending Regulations . 
 
 subject-matter other than a work  means any of the following: 
  (a) a published edition of a work or works;  (b) a sound recording;  (c) a cinematograph film; 
 (d) a sound broadcast; 
 (e) a television broadcast.   IP/N/1/AUS/C/4 
 Page 25 
 
 
  [6] Subregulation 3 (1), definition of the International Conventio n for the Protection of 
Literary and Artistic Works 
 
 omit 
 
[7] Subregulation 3 (1), definition of the Universal Copyright Convention 
 
 substitute 
 
 UCC country : 
 
 (a) means a foreign country that:     (i) is a party to the Univ ersal Copyright Convention; and 
   (ii) is neither a Berne Convention country nor a WTO country; and 
 
 (b) if application of the Universal Copyri ght Convention is extended, in accordance with 
international law, to a territory (howev er described) of the foreign country — 
includes that territory. 
 
 
Note  1   For information as to which countries are parties to  the Universal Copyright Convention, see, for example, 
the United Nations Educational, Scientific and Cultural Organization webs ite at www.unesco.org. 
 
 Note  2   For the application of these Regulations, before the commencement of the amending Regulations, to a 
territory of a foreign country, see subregulation 3 (4) before its repeal by the amending Regulations. 
 
 Universal Copyright Convention means the Universal Copyright Convention concluded at 
Geneva on 6 September 1952. 
 
 WTO country : 
  (a) means a foreign country (i ncluding a separate customs territory) that is a member of 
the World Trade Organization; and 
 (b) if the foreign country’s membership in the World Trade Organization is extended, in 
accordance with international law, to include  a territory (however described) of the 
foreign country — includes that territory.  
 
 
Note  1   For information as to which countries are members of  the World Trade Organization, see, for example, the 
World Trade Organization website at www.wto.org. 
 
 Note  2   For the application of these Regulations, before the commencement of the amending Regulations, to a 
territory of a foreign country, see subregulation 3 (4) before its repeal by the amending Regulations. 
 
[8] Subregulations 3 (2) and (4) 
 
 omit 
 
[9] Regulations 4 to 13 
 
 substitute 
 
Part 2 Application of Act to works and subject-matter other than a work 
 IP/N/1/AUS/C/4 
Page 26  
 
  4 Protection — Berne Convention countries, UCC countries, Rome Convention countries 
and WTO countries 
 
 Work, and subject-matter other than a work, made or first published in a foreign country 
  (1) Subject to these Regulations, a provision of the Act that applies in relation to a 
literary, dramatic, musical or artistic work  or edition first published, or a sound 
recording or cinematograph film made or first published, in Australia (an Australian 
work or subject-matter ) applies in relation to a literary, dramatic, musical or artistic 
work or edition first published, or a sound r ecording or cinematograph film made or 
first published, in a Berne Convention count ry, a UCC country or a WTO country (a 
foreign work or subject-matter ):  
               (a) in the same way as th e provision applies, under the Act, in relation to an 
Australian work or subject-matter; and 
              (b) as if the foreign work  or subject-matter were ma de or first published in 
Australia. 
 
 Artistic work that is a building, or is attached  to or forms part of a building, in a foreign 
country 
  (2) Subject to these Regulations, a provision of the Act that applies in relation to an 
artistic work that is a building (or that is  attached to, or forms part of, a building) 
situated in Australia (an Australian artistic work ) applies in relation to an artistic 
work that is a building (or that is attached to , or forms part of, a building) situated in a 
Berne Convention country, a UCC country or a WTO country (a foreign artistic 
work ): 
               (a) in the same way as th e provision applies, under the Act, in relation to an 
Australian artistic work; and  
              (b) as if the forei gn artistic work were situated in Australia. 
  Work and subject-matter other than a work — c itizen or national of a foreign country 
 
 (3) Subject to these Regulations, a provision of the Act relating to a work or subject-
matter other than a work that applies in relation to a person who, at a material time, is an Australian citizen applies in relation to a person who, at a material time, is a 
citizen or national of a Berne Convention country, a UCC country or a WTO country 
(a foreign citizen ): 
               (a) in the same way as th e provision applies, under the Act, in relation to an 
Australian citizen; and 
  (b) as if the foreign citizen were an Australian citizen. 
  IP/N/1/AUS/C/4 
 Page 27 
 
 
  Work and subject-matter other than a work — person resident in a foreign country 
 
 (4) Subject to these Regulations, a provision of the Act relating to a work or subject-
matter other than a work that applies in relation to a person who, at a material time, is resident in Australia (an Australian resident ) applies in relation to a person who, at a 
material time, is resident in a Berne Co nvention country, a UCC country or a WTO 
country (a foreign resident ): 
               (a) in the same way as th e provision applies, under the Act, in relation to an 
Australian resident; and 
              (b) as if the foreign resident were an Australian resident. 
 
 Work and subject-matter other than a work — body incorporated under the law of a foreign 
country 
  (5) Subject to these Regulations, a provision of the Act relating to a work or subject-
matter other than a work that applies in re lation to a body incorporated, at a material 
time, under the law of the Commonwealth or of a State (an Australian body 
corporate ) applies in relation to a body incorpor ated, at a material time, under the law 
of a Berne Convention country, a UCC country or a WTO country (a foreign body 
corporate ): 
 
                 (a) in the same way as the provision applies, under the Act, in relation to an 
Australian body corporate; and 
                 (b) as if the forei gn body corporate were an Australian body corporate. 
  Sound broadcast or television broadcast made from a place in a foreign country 
 
 (6) Subject to these Regulations, a provision of the Act that applies in relation to a sound 
broadcast, or a television broadcast, referred to in section 91 of the Act (an Australian broadcast ) applies in relation to a sound broadcast, or a television 
broadcast, made at a material time by a relevant broadcaster from a place in a Rome 
Convention country (a foreign broadcast ): 
               (a) in the same way as th e provision applies, under the Act, in relation to an 
Australian broadcast; and 
  (b) as if the foreign broadcast were an Australian broadcast. 
 
 Broadcasts made before 1 January 1992 
 
 (7) Copyright does not, under subregulation (6),  subsist in Australia in a sound broadcast 
or a television broadcast made from a place outside Australia before 1 January 1992. 
  Modification of Act 
 
 (8) To the extent that this regulation is inc onsistent with the Act, the application of the 
Act by these Regulations is modified. 
 5 Copyright not to subsist in overseas editions in certain cases 
 
 (1) Copyright that, under the Act, subsists in  a published edition of a work or works by 
reason only of the operation of these Regula tions subsists only so long as protection IP/N/1/AUS/C/4 
Page 28  
 
  in the nature of copyright subsists in rela tion to the edition under the law of a relevant 
country. 
  (2) In this regulation: 
 
  relevant country  means a Berne Convention country, a UCC country or a WTO 
country: 
   (a) in which the edition was first published; or               (b) of which the publisher of the edition was a citizen or national at a material 
time; or 
  (c) in which the publisher, being an individual, was resident at a material time; or               (d) under the law of which the publisher, being a body corporate, was 
incorporated at a material time. 
 
 (3) To the extent that this regulation is inc onsistent with the Act, the application of the 
Act by these Regulations is modified. 
 
6 Copyright in certain sound recordings may in clude right to cause the recording to be 
heard in public 
  (1) This regulation applies to  a published sound recording if: 
               (a) under the Act, copyrigh t subsists in the recording by reason only of the 
operation of these Regulations, or th e operation of these Regulations and 
subsection 89 (3) of the Act; and 
  (b) either: 
    (i) the recording has been published in Australia; or                            (ii) a peri od of 7 weeks has elapsed from th e date of the first publication 
of the recording. 
 
 
                Note    A sound recording first published in a foreign country could, unde r subsection 29 (5) of the Act, 
be a sound recording that is taken to be first published in Australia, to  which subsection 89 (3) 
of the Act applies. 
 
 (2) Copyright that subsists in the record ing includes the exclusive right to cause the 
recording to be heard in public, only if: 
   (a) the maker of the recording was, at  the time when the recording was made: 
    (i) a citizen or national of a Schedule 3 country; or                            (ii) a person resident in, or a body corporate incorporated under the law 
of, a Schedule 3 country; or 
   (b) the recording was made in a Schedule 3 country.   (3) The application of section 105 of the Act by these Regulations is modified by the 
operation of this regulation. 
 
7 Copyright in certain sound recordings may in clude right to broadcast the recording 
 
 (1) This regulation applies to  a published sound recording if:  IP/N/1/AUS/C/4 
 Page 29 
 
 
   
               (a) under the Act, copyrigh t subsists in the recording by reason only of the 
operation of these Regulations, or th e operation of these Regulations and 
subsection 89 (3) of the Act; and 
  (b) either: 
 
   (i) the recording has been published in Australia; or                            (ii) a peri od of 7 weeks has elapsed from th e date of the first publication 
of the recording and the recording is not a performance-related recording. 
 
               
Note    A sound recording first published in a foreign co untry could, under subsection 29 (5) of the Act, 
be a sound recording that is taken to be first published in Australia, to  which subsection 89 (3) 
of the Act applies.  
 
 (2) Copyright that subsists in the recordi ng includes the exclusive right to broadcast the 
recording, only if: 
   (a) the maker of the recording was, at  the time when the recording was made: 
    (i) a citizen or national of a Schedule 3 country; or 
                           (ii) a person resident in, or a body corporate incorporated under the law 
of, a Schedule 3 country; or 
   (b) the recording was made in a Schedule 3 country.  
 (3) For this regulation, a recording is a performance-related recording if: 
               (a) the recording consists of, or includes, a musical work in which copyright 
subsists; and 
  (b) the musical work:  
                           (i) was made for the purpose of being performed, or has been 
performed, in association with a dramatic work; or 
   (ii) has been included in a cinematograph film; and                (c) recordings of the musical work have not been supplied (whether by sale or 
otherwise) to the public in Australia. 
  (4) For paragraph (3) (c), a supply of recordi ngs of a musical work is disregarded if the 
supply was done otherwise than by, or with the licence of, the owner of the copyright 
in the work. 
 
 (5) The application of section 105 of the Act by these Regulations is modified by the 
operation of this regulation. 
 
Part 3 Application of Act to performances 
 
8 Protection — Rome Convention countries and WTO countries 
 
 Definitions 
 
 (1) In this regulation: IP/N/1/AUS/C/4 
Page 30  
 
    applicable provision , in relation to a participating country,  means: 
               (a) if the participating country is a WTO country but not a Rome Convention 
country — a provision of Part XIA of th e Act relating to sound recordings, or 
sound broadcasts of live performances; and 
 
  (b) in any other case — each provision of Part XIA of the Act. 
 
  participating country  means: 
 
  (a) a Rome Convention country; or 
  (b) a WTO country.  
  Performance given in a foreign country 
  (2) An applicable provision applies in rela tion to a performance given in a participating 
country (a foreign performance ): 
               (a) in the same way as the provision applies, under the Act, in relation to a 
performance given in Australia; and 
              (b) as if the foreign performance were given in Australia. 
 
  Citizen or national of a foreign country 
 
 (3) An applicable provision applies in relati on to a person who, at a material time, is a 
citizen or national of a participating country (a foreign citizen ): 
 
              (a) in the same way as the provision applies, under the Act, in relation to a 
person who, at a material time, is an Australian citizen; and 
              (b) as if the fo reign citizen were an Australian citizen. 
 
  Person resident in a foreign country 
 
 (4) An applicable provision applies in relati on to a person who, at a material time, is 
resident in a participating country (a foreign resident ): 
               (a) in the same way as the provision applies, under the Act, in relation to a 
person who, at a material time, is resident in Australia; and 
              (b) as if the foreign resident were resident in Australia.  
  Performance incorporated in a sound reco rding, a sound broadcast or a television 
broadcast having connection with a foreign country 
  (5) For subregulation (2), a reference to a pe rformance given in a participating country is 
taken to include a reference to: 
   (a) a performance that is incorporated in a sound recording if:  
   (i) the maker of the recording is, at the time when the recording is made: 
     (A) a citizen or national of the participating country; or                                         (B) a person resident in, or a body corporate incorporated under 
the law of, the participating country; or  IP/N/1/AUS/C/4 
 Page 31 
 
 
   
                           (ii) the first recording of the performan ce occurred in the participating 
country; and 
               (b) a performance (other than  a performance to which pa ragraph (a) applies) that 
is incorporated in a sound broadcast or a television broadcast if the broadcast 
is made, by a relevant broadcaster, fro m a place in the participating country.  
 
  Performance given before 2 January 1992 
  (6) Subject to subregulation (7), no right s arising under this regulation subsist in 
Australia in relation to a performance give n before 2 January 1992 if the performance 
relates to a Rome Convention country. 
  (7) Subregulation (6) does not apply if: 
 
  (a) the country is also a WTO country; and               (b) the rights arising under this regulation are in relation to a provision of 
Part XIA of the Act relating to sound recordings, or sound broadcasts of live 
performances. 
   Modification of Act 
 
 (8) To the extent that this regulation is inc onsistent with the Act, the application of the 
Act by these Regulations is modified. 
 Part 4 Works made etc before application of Act and Regulations  9 Works made before 1 July 1912 
 
 (1) This regulation applies to a work that was made before 1 July 1912 if:  
              (a) the work was first published or performed in a country that is a Berne 
Convention country or a WTO country; or 
              (b) the author of the work was, at a material time, a citizen or national of, or 
resident in, a country that is a Berne Convention country or a WTO country. 
 
 (2) Division 5 of Part XI of the Act applies to the work as if: 
               (a) for the purpose of determining whether a right ( existing right ) subsisted 
immediately before the commencement of the Copyright Act, 1911: 
    (i) the work was first published or performed in Australia; or 
                           (ii) the aut hor of the work was, at a material time, an Australian citizen 
or resident in Australia; and 
               (b) any right that, by virt ue of section 24 of the Copy right Act, 1911, would have 
been conferred in place of any existing right were a right conferred by the 
Copyright Act, 1911. 
 IP/N/1/AUS/C/4 
Page 32  
 
  10 Works first published before 1 May 1969 
 
 (1) This regulation applies to a work that  was first published, before the commencement 
of the Act, in a country that is a Berne Convention country or a WTO country. 
 
 (2) Section 210 of the Act applies to the work as if, for the purpose of determining 
whether copyright subsisted under the C opyright Act, 1911, the work was first 
published in Australia. 
 
11 Sound recording made before 1 May 1969 — UCC countries 
 
 (1) This regulation applies to a sound reco rding in which copyright subsists, under the 
Act, by reason only of either , or both, of the following: 
               (a) the maker of the sound r ecording having been, at th e time when the recording 
was made: 
    (i) a citizen or national of a country that is a UCC country; or                            (ii) a person resident in, or a body corporate incorporated under the law 
of, a country that is a UCC country; 
 
              (b) the first publication of the recording having taken place in a country that is a 
UCC country. 
  (2) Section 89 of the Act, as applied by regulation 4, does not apply to the sound 
recording if the recording was made before 1 May 1969. 
 
12 Published works etc relating to post-1969 UCC countries 
 
 (1) This regulation applies to:                (a) a literary, dramatic, musical or artistic work or edition that was first 
published in a country that is a post-1969 UCC country; and 
              (b) a published sound reco rding or a published cinematograph film that was 
made or first published in a country that is a post-1969 UCC country; and 
              (c) a published artistic work th at is a building (or that is attached to, or forms 
part of, a building) situated in a post-1969 UCC country; and 
              (d) a published work the author of which, an edition the publisher of which, or a 
published sound recording or a published ci nematograph film the maker of which, 
was at a material time: 
    (i) a citizen or national of a country that is a post-1969 UCC country; or                            (ii) a person resident in, or a body corporate incorporated under the law 
of, a country that is a post-1969 UCC country. 
  (2) Copyright that, under the Act, subsists in a work, edition, recording or film by reason 
of the operation of these Regulations does not subsist in a work, edition, recording or 
film mentioned in subregulation (1), if the work, edition, recording or film was first 
published before the day on which the count ry became a party to the Universal 
Copyright Convention. 
  IP/N/1/AUS/C/4 
 Page 33 
 
 
   (3) In this regulation: 
 
  post-1969 UCC country  means a UCC country that beca me a party to the Universal 
Copyright Convention after 1 May 1969. 
 
 (4) To the extent that this regulation is inc onsistent with the Act, the application of the 
Act by these Regulations is modified. 
 
13 Action taken in relation to works etc be fore a foreign country becomes a country to 
which these Regulations apply 
 
 (1) This regulation applies if:                (a) a person (the affected person ) has taken any action in relation to a work, a 
subject-matter other than a work or a performance at any time before the date 
of a relevant event; and 
              (b) the affected person has, because of the action, incurred expenditure or 
liability; and 
  (c) either:                             (i) the action, being a use of the work, subject-matter or performance, 
was at the time lawful; or 
                           (ii) the action was taken for the purpose of, or with a view to, a use of the 
work, subject-matter or performance at a time when the use would, but for the relevant event, have been lawful. 
 
 (2) The affected person continues to be en titled to any right and interest, arising in 
connection with the action, that is subsis ting and valuable immediately before the 
date of the relevant event, unless the ex clusive right holder has agreed to pay 
reasonable compensation to the affected person. 
  (3) In this regulation:  
  convention country  means: 
   (a) a Berne Convention country; or   (b) a UCC country; or 
  (c) a Rome Convention country; or 
  (d) a WTO country. 
 
  exclusive right holder  means the person who, as a result of the relevant event, has 
the exclusive right over the use of th e work, subject-matter or performance. 
 
  relevant event  means: 
   (a) the commencement of the amending Regulations; or               (b) after that commencement,  an event that results in a foreign country (or a 
territory of a foreign country) becoming a convention country in relation to 
which these Regulations apply in rela tion to the work, subject-matter or 
performance. 
  (4) To the extent that this regulation is inc onsistent with the Act, the application of the 
Act by these Regulations is modified. IP/N/1/AUS/C/4 
Page 34  
 
   
 (5) Despite subregulation (4), subregulation (2) applies subject to section 248QA of the 
Act as applied by these Regulations. 
 
 
             Note     A person of the kind described in subregul ation (1) who took an action described in that 
subregulation may, if regulation 11, 12 or 13 of  these Regulations (as in force before the 
commencement of the amending Re gulations) applied to the pers on, continue, in the absence 
of reasonable compensation, to be entitled, under th at regulation, to a right or interest arising in 
connection with the action. 
 
14 Saving 
   Nothing in regulation 13 affects any right or interest preserved, or liability arising, 
under any of regulations 11, 12 and 13 as in  force before the commencement of the 
amending Regulations. 
 
[10] Schedule 1 
 
 omit 
 [11] Schedule 3, heading 
 
 substitute 
 
Schedule 3 Countries that provide rights for secondary uses of sound recordings 
  (subregulation 3 (1) and regulations 6 and 7) 
__________________________________________________________________________________ 
Notes 
 
1. These Regulations amend Statutory Rules 1969 No. 60, as amended by 1969 No. 65; 1974 No. 137; 1980 No. 276; 
1981 No. 74; 1983 No. 127; 1984 No. 43; 1990 Nos. 356 a nd 357; 1991 Nos. 451 and 452; 1992 No. 124; 1993 
No. 214; 1994 No. 114; 1995 Nos. 67 and 436; 1998 No. 360; 2001 No. 29. 
 
2. Notified in the Commonwealth of Australia Gazette  on 23 December 2003.  IP/N/1/AUS/C/4 
 Page 35 
 
 
  
 
 
Copyright (International Protection) Amendment Regulations 2004 (No. 1)1 
 
 Statutory Rules 2004 No. 257
2 
_______________________________________________________________________________________________________________________________ _ 
 
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with 
the advice of the Federal Executive Council, make the following Regulations under the Copyright Act 
1968 . 
 Dated 19 August 2004  
 
             P. M. JEFFERY           G o v e r n o r - G e n e r a l  By His Excellency’s Command 
 
   PHILIP RUDDOCK  
Attorney-General 
__________________________________________________________________________________ IP/N/1/AUS/C/4 
Page 36  
 
  1 Name of Regulations 
 
 These Regulations are the Copyright (International Protection) Amendment Regulations 2004 
(No. 1). 
 
2 Commencement 
 
 These Regulations commence on the commencement of Part 3 of Schedule 9 to the US Free 
Trade Agreement Implementation Act 2004 . 
 3 Amendment of Copyright (International Protection) Regulations 1969  
 
 Schedule 1 amends the Copyright (International Protection) Regulations 1969 . 
 
Schedule 1 Amendments 
  (regulation 3) 
   
[1] Subregulation 3 (1), after definition of Universal Copyright Convention  
 
 insert 
 
 WCT country means a foreign country that is a party to the WIPO Copyright Treaty 
concluded at Geneva on 20 December 1996. 
 
 Note      For information as to which countries are partie s to the WIPO Copyright Treaty, see, for example, the 
World Intellectual Property Orga nization website at www.wipo.int. 
 
 WPPT country  means a foreign country that is a party to the WIPO Performances and 
Phonograms Treaty concluded at  Geneva on 20 December 1996. 
 
 Note    For information as to which countries are parties to the WIPO Performances and Phonograms Treaty, see, 
for example, the World Intellectual Prope rty Organization webs ite at www.wipo.int. 
 
[2] Regulation 4, heading 
 
 substitute 
 
4 Protection — Berne Convention countries, UCC countries, Rome Convention countries, 
WCT countries, WPPT countries and WTO countries (Act s 184) 
 
[3] Subregulation 4 (1) 
 
 omit 
 
  a UCC country   insert 
 
  a Rome Convention country, a UCC country, a WCT country, a WPPT country   IP/N/1/AUS/C/4 
 Page 37 
 
 
  [4] After subregulation 4 (1) 
 
 insert 
 
  Live performance incorporated in a so und recording and having connection with a 
foreign country 
 
 (1A) For subregulation (1), and subject to  subregulation (1B), a reference to a sound 
recording made or first published in a W PPT country is taken to include a reference 
to a sound recording (wherever made), inco rporating a live performance given in a 
WPPT country. 
  (1B) Subregulation (1A) applies only in relation to a person who is: 
   (a) a maker of the sound recording; and 
  (b) a performer in the performance. 
 
[5] Subregulation 4 (2) 
 
 omit 
   a UCC country 
 
 insert 
 
  a UCC country, a WCT country 
 
[6] Subregulations 4 (3), (4) and (5) 
 
 omit 
 
  a UCC country 
 
 insert 
 
  a Rome Convention country, a UCC country, a WCT country, a WPPT country  [7] Subregulation 5 (2), definition of relevant country  
 
 omit 
 
  a UCC country  
insert 
 
  a UCC country, a WCT country  
[8] Regulation 8, heading 
 
 substitute 
 
8 Protection — Rome Convention countries, WPPT countries and WTO countries 
(Act s 248U) IP/N/1/AUS/C/4 
Page 38  
 
   
[9] Subregulation 8 (1), definition of applicable provision , paragraph (a) 
 
 substitute 
  (a) if the participating country is a WTO country or a WPPT country but not a Rome 
Convention country — a provision of Part  XIA of the Act relating to sound 
recordings, or communication to th e public of live performances; and 
 
[10] Subregulation 8 (1), definition of participating country , paragraph (b) 
 
 substitute 
 
  (b) a WPPT country; or   (c) a WTO country. 
 
[11] After subregulation 8 (2) 
 
 insert 
 
  Sound recording made in a foreign country of a performance 
 
 (2A) An applicable provision applies in relation to a sound recording, made in a 
participating country (a foreign sound recording ), of a performance: 
               (a) in the same way as the provision applies, under the Act, in relation to a sound 
recording of a performance given in Australia; and 
  (b) as if the foreign sound r ecording were made in Australia. 
 
  Broadcast made in a foreign country of a performance 
 
 (2B) An applicable provision applies in relation to a broadcast, made by a relevant 
broadcaster from a place in a participating country (a foreign broadcast ), of a 
performance: 
               (a) in the same way as the provision applies, under the Act, in relation to a 
broadcast of a performance given in Australia; and 
  (b) as if the foreign broadcast were made in Australia. 
 
  Sound recording made by a citizen, national  or resident of a foreign country of a 
performance 
 
 (2C) An applicable provision applies in relation to a sound recording, made by a person 
who is a citizen, national or reside nt of a participating country (a foreign person ), of 
a performance: 
               (a) in the same way as the provision applies, under the Act, in relation to a sound 
recording of a performance given in Australia; and 
  (b) as if the foreign person were an Australian citizen or resident. 
 
[12] Subregulation 8 (5) 
 
 omit  IP/N/1/AUS/C/4 
 Page 39 
 
 
   
[13] Subregulation 8 (7) 
  
 substitute 
  (7) Subregulation (6) does not apply if: 
   (a) the country is also a WTO country or a WPPT country; and               (b) the rights arising under this regulation are in relation to a provision of 
Part XIA of the Act relating to sound recordings, or communication to the 
public of live performances. 
 
[14] Paragraphs 9 (1) (a) and (b) 
 
 omit 
 
  a Berne Convention country   
 insert 
 
  a Berne Convention country, a WCT country 
 
[15] Subregulation 10 (1) 
 
 omit 
   a Berne Convention country  
 
 insert 
 
  a Berne Convention country, a WCT country  [16] Subregulation 13 (3), definition of convention country , paragraph (d) 
 
 substitute 
 
  (d) a WCT country; or 
  (e) a WPPT country; or 
  (f) a WTO country. __________________________________________________________________________________ 
Notes 
 
1. These Regulations amend Statutory Rules 1969 No. 60, as amended by 1969 No. 65; 1974 No. 137; 1980 No. 276; 
1981 No. 74; 1983 No. 127; 1984 No. 43; 1990 Nos. 356 a nd 357; 1991 Nos. 451 and 452; 1992 No. 124; 1993 
No. 214; 1994 No. 114; 1995 Nos. 67 and 436; 1998 No. 360; 2001 No. 29; 2003 No. 337. 
 
2. Notified in the Commonwealth of Australia Gazette  on 26 August 2004. 
 
__________