Document ID: chunk:federal_register_of_legislation:C2023C00446:section:17
Version: federal_register_of_legislation:C2023C00446
Segment Type: section
Provision Reference: s 17
Character Range: 30286–32603

17  Application of the Copyright Act 1968
 (1) Division 8 of Part III of the Copyright Act 1968 does not apply in relation to:
 (a) the copyright in the olympic symbol; and
 (aa) the copyright in a prescribed olympic torch and flame; and
 (b) where the design in relation to an artistic work is registered under this Act—the copyright in the artistic work.
 (2) It is not an infringement of the copyright in the olympic symbol to apply the design of the olympic symbol to an article.
 (3) During the protection period in relation to a registered design, being the design in relation to an artistic work, it is not an infringement of the copyright in the artistic work to apply the design to an article.
 (4) Where:
 (a) an artistic work incorporates the olympic symbol;
 (b) the design in relation to the artistic work is registered under this Act; and
 (c) the protection period in relation to the design has ended;
it is not an infringement of the copyright in the artistic work to apply a design to an article, being:
 (d) a design that is a corresponding design in relation to an artistic work that is a public domain version of the first‑mentioned artistic work; or
 (e) a design that differs from the design referred to in paragraph (d) only in immaterial details or in features commonly used in a relevant trade.
 (5) For the purposes of subsection (4), where an artistic work incorporates the olympic symbol, the artistic work (if any) that would result from the omission of the olympic symbol from the first‑mentioned artistic work shall be taken to be the public domain version of the first‑mentioned artistic work.
 (5A) Where the protection period in relation to a registered torch and flame design has ended, it is not an infringement of the copyright in the artistic work concerned to apply the design to an article.
 (6) Where, by virtue of this section, it is not an infringement of the copyright in an artistic work to apply a particular design to an article at a particular time, it is not an infringement of the copyright in the artistic work to do any of the following acts or things at that time:
 (a) import into Australia any article to which the design has been applied;
 (b) sell, offer or keep for sale, or hire, or offer or keep for hire, any article to which the design has been applied.