Commonwealth Numbered Regulations - Explanatory Statements

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COPYRIGHT (INTERNATIONAL PROTECTION) REGULATIONS (AMENDMENT) 1992 NO.124

STATUTORY RULES 1992 No. 124

Issued by the Authority of the Attorney-General

Copyright Act 1968

Copyright (International Protection) Regulations (Amendment)

Section 249 of the Copyright Act 1968 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Amendments have been made to the Copyright (International Protection) Regulations (the Regulations) applying the provisions of the Act relating to performers' protection and copyright in sound and television broadcasts in relation to Spain and Argentina.

Subsection 184(3) of the Act provides that regulations applying any of the provisions of the Act in relation to a country, not being a country that is a party to a Convention relating to copyright to which Australia is also a party, shall not be made unless the GovernorGeneral is satisfied that in respect of the class of works or other subject matter to which those provisions relate, provision has been or will be made under the law of that country by virtue of which adequate protection is or will be given to owners of copyright under the Act.

Subsection 248U(3) provides that regulations shall not be made applying any of the provisions of Part XIA in relation to a foreign country that is not a party to a Convention relating to the protection of performers to which Australia is also a party unless the Governor-General is satisfied that, in respect of the performances to which those provisions relate, provision has been or will be made under the law of that country under which adequate protection is or will be given to a performer whose performances are protected under the Act.

As a result of the amendments, the Regulations will extend protection under the Act to performers who are nationals or residents of Spain and Argentina, or whose performances take place in Spain and Argentina, or are incorporated in a sound recording or a broadcast made in or by nationals of those countries. Further, the Regulations as amended extend protection under the Act to broadcasters based in, and making broadcasts from, Spain and Argentina.

Spain and Argentina are members of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (the Rome Convention). Australia is not as yet a member of the Rome Convention, to which it is, however, proposed that Australia will accede. Article 2 of the Rome Convention imposes an obligation of providing national treatment on all member countries, ie, a member country must provide to nationals of other member countries the same protection as is accorded to its nationals, being at least the minimum protection guaranteed by the Convention. Australia already provided the same protection as is accorded to its nationals consistent with the minimum protection required by the Convention to member countries of the Rome Convention other than Spain and Argentina. Because of the obligation on Spain and Argentina on becoming members of this Convention, to which it is proposed Australia will accede, to provide national treatment to performers and broadcasters of other member countries, the Governor-General is satisfied, in accordance with the provisions of subsections 184(3) and 248U(3) of the Act, that adequate protection will be given by Spain and Argentina to performers and owners of copyright in sound and television broadcasts under the Act.