Document ID: chunk:federal_register_of_legislation:F2025C00029:reg:4:p1
Version: federal_register_of_legislation:F2025C00029
Segment Type: reg
Provision Reference: reg 4 (pt 1/4)
Character Range: 11626–14324

4  Protection—application of the Act (other than Part XIA) to specified foreign countries

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 the exceptions and modifications specified in this regulation.

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 recording or cinematograph film made or first published, in a Berne Convention country, a Rome Convention country, a UCC country, a WCT country, a WPPT country or a WTO country (a foreign work or subject‑matter):
 (a) in the same way as the 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 made or first published in Australia.

Live performance incorporated in a sound 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 WPPT country is taken to include a reference to a sound recording (wherever made), incorporating 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.

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, a WCT country or a WTO country (a foreign artistic work):
 (a) in the same way as the provision applies, under the Act, in relation to an Australian artistic work; and
 (b) as if the foreign artistic work were situated in Australia.

Work and subject‑matter other than a work—citizen or national of a foreign country
 (3) Subject to these Regulations, a provision of the Act relating