Commonwealth Numbered Regulations - Explanatory Statements

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COPYRIGHT REGULATIONS (AMENDMENT) 1992 NO. 165

STATUTORY RULES 1992 No. 165

Issued by the Authority of the Attorney-General

Copyright Act 1968

Copyright Regulations (Amendment)

Section 249 of the Copyright Act 1968 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

Division 6 of Part III (sections 54-64) of the Act provides a compulsory statutory licensing scheme for the manufacture of sound recordings of musical works. Section 55 of the Act permits the making of regulations under section 249:

•       to specify the countries to which section 55 applies; and

•       to provide a method for calculating the royalty payable in respect of the manufacture of recordings of musical works in situations where, either the amount of royalty has not been agreed to by the manufacturer and the copyright owner, or the Copyright Tribunal has not made a determination fixing the amount of royalties payable.

Amendments have been made to the Copyright Regulations to up-date the list of countries to which section 55 of the Act applies and to simplify and render more comprehensible the formula for calculating the amount of royalty payable under that section. Minor but necessary amendments have also been made to the Regulations as a result of amendments made to the Act by the Copyright Amendment Act 1989, which came into effect on 1 October 1990.

Details of the Regulations are at Attachment A.

ATTACHMENT A

COPYRIGHT REGULATIONS (AMENDMENT)

NOTES ON CLAUSES

Regulation 1: Amendment

A general introduction stating that the Copyright Regulations are amended as set out in the Regulations.

Regulation 2: Repeal of Regulation 5(2)(b)

The repeal of paragraph (2)(b) in Regulation 6 is necessary as a result of the reunification of Germany. Paragraph (2)(b) of Regulation 6 presently provides that for the purposes of Division 6, Part Ill of the Act, Berlin shall be deemed to form part of the territory of the Federal Republic of Germany.

Regulation 3: Amendment of Regulation 8

Regulation 8 has been amended to take account of the amendment of subparagraph (d)(ii) of subsection 55(1) of the Act by the Copyright Amendment Act 1989. Subparagraph (d)(ii) of subsection 55(1) provides that the manner in which the prescribed royalty is to be paid to the copyright owner is to be as agreed between the manufacturer and the copyright owner, or, failing such agreement, as determined by the Copyright Tribunal. In the event that no agreement or determination is in force, then the royalty is to be paid in the manner prescribed by the regulations. The Regulation provides that the prescribed royalty is to be paid in accordance with regulations 9 to 14.

Regulation 4: Amendment of Regulation 9

Subregulation 9(1) effects a technical amendment to simplify the wording of the regulation.

Regulation 5: Amendment of Regulation 10

Subregulation 10(1) effects a technical amendment to simplify the wording of the regulation.

Regulation 6: Amendment of Regulation 11

Subregulation 11(1) effects a technical amendment to simplify the present wording of the regulation.

Subregulation 11(3) simplifies the present wording of the regulation by replacing the written formula with a mathematical formula for calculating the prospective amount of royalty that is anticipated to be due in a given period and is to be deposited with the copyright owner. The requirement that the manufacturer must deposit the amount of royalty payable with the copyright owner is removed from subregulation 11(3) and inserted as new subregulation 11(3A).

Subregulation 11(9) simplifies the wording of the regulation by replacing the written formula with a mathematical formula for calculating the actual amount of royalty payable in a given period in respect of records of music works sold or supplied by the manufacturer.

Regulation 7 Amendment of Regulation 12

Subregulation 12(1) effects a technical. amendment to simplify the present wording of the regulation.

Regulation 8: Amendment of Regulation 13

Regulation 13 is amended as a result of the repeal of subsection 55(5) and the insertion of a new subsection 55(5) by the Copyright Amendment Act 1989. The regulation effects a technical amendment necessitated by this amendments of the Act.

Regulation 9: Amendment of Regulation 15

The Copyright Amendment Act 1989 repealed section 56 of the Act. Consequently, regulation 15A, which provided for the variation of the amount payable under subsection 56(1) is repealed.

Regulation 10: Amendment of Schedule 8

Schedule 8 up-dates the lists of the countries to which the mechanical licence scheme in Div 6, Part III of the Act applies. The Schedule lists those countries that are parties of the Berne Convention or the Universal Copyright Convention.