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Use of copyright material for service of Government

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) The copyright in a literary, dramatic, musical or artistic work or a published edition of such a work, or in a sound recording, cinematograph film, television broadcast, sound broadcast or cable programme, shall not be infringed by the Government or by a person authorised in writing by the Government doing any acts comprised in the copyright if the acts are done for the service of the Government.(2) Where the Government has made an agreement or arrangement with the government of some other country for the supply to that country of goods required for the defence of that country —(a)the doing of any act in connection with the supply of those goods in pursuance of the agreement or arrangement; and(b)the sale to any person of such of those goods as are not required for the purposes of the agreement or arrangement,shall, for the purposes of subsection (1), be each deemed to be for the service of the Government.(3) Authority may be given under subsection (1) before or after the acts in respect of which the authority is given have been done, and may be given to a person notwithstanding that he had a licence granted by, or binding on, the owner of the copyright to do the acts.(4) Where an act comprised in a copyright has been done under subsection (1), the Government shall as soon as possible, unless it appears to the Government that it would be contrary to the public interest to do so, inform the owner of the copyright, as prescribed, of the doing of the act and shall furnish him with such information as to the doing of the act as he from time to time reasonably requires.(5) Where an act comprised in a copyright has been done under subsection (1), the terms for the doing of the act are such terms as are, whether before or after the act is done, agreed between the Government and the owner of the copyright or, in default of agreement, as are fixed by the Copyright Tribunal.(6) An agreement or licence (whether made or granted before or after 10th April 1987) fixing the terms upon which a person other than the Government may do acts comprised in a copyright is inoperative with respect to the doing of those acts after that date, under subsection (1), unless the agreement or licence has been approved by the Minister. (7) Where an article is sold and the sale is not by virtue of subsection (1), an infringement of a copyright, the purchaser of the article, and a person claiming through him, is entitled to deal with the article as if the Government were the owner of that copyright.(8) An act done under subsection (1) does not constitute publication of a work or other subject-matter and shall not be taken into account in the application of any provision of this Act relating to the duration of any copyright.(9) Where an exclusive licence is in force in relation to any copyright, subsections (1) to (8) shall have effect as if any reference in those subsections to the owner of the copyright were a reference to the exclusive licensee.(10) The copying of the whole or a part of a work for the teaching purposes of an educational institution of, or under the control of, the Government shall, for the purposes of this section, be deemed not to be an act done for the service of the Government. [Aust. 1968, s. 183]

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