Document ID: chunk:federal_register_of_legislation:C2024C00854:section:185
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 185
Character Range: 705219–707279

185  Denial of copyright to citizens of countries not giving adequate protection to Australian works
 (2) The regulations may, subject to subsection (3), provide, either generally or in such classes of cases as are specified in the regulations, that copyright under this Act does not subsist in works first published after a date specified in the regulations (which may be a date before the commencement of the regulations or before the commencement of this Act) if, at the time of the first publication of those works, the authors of the works were or are:
 (a) citizens or nationals of a country specified in the regulations, not being at that time persons resident in Australia; or
 (b) in the case of works being sound recordings or cinematograph films—bodies incorporated under the law of a country specified in the regulations.
 (3) Before the Governor‑General makes a regulation for the purposes of subsection (2) in relation to a country:
 (a) the Minister must be satisfied that that the law of the country:
 (i) does not give adequate protection to Australian works; or
 (ii) does not give adequate protection in relation to a class or classes of such works;
  (whether the lack of protection relates to the nature of the work or the nationality, citizenship or country of residence of its author, or all of those matters); and
 (b) the Minister must have regard to the nature and extent of that lack of protection.
 (4) In this section:
Australian work means a work the author of which was, at the time when the work was made, a qualified person for the purposes of the relevant provision of this Act.
author, in relation to a sound recording or a cinematograph film, means the maker of the recording or film.
the relevant provision of this Act means:
 (a) in relation to a literary, dramatic, musical or artistic
work—section 32; and
 (b) in relation to a sound recording or a cinematograph
film—Part IV.
work means a literary, dramatic, musical or artistic work, a sound recording or a cinematograph film.

Division 2—International organizations