Copyright Act 1968
The Copyright Act 1968 is the principal legislation governing copyright protection in Australia. The Act protects original literary, dramatic, musical, and artistic works, as well as sound recordings, films, broadcasts, and published editions. Copyright protection is automatic upon creation and registration is not required. The Act grants copyright owners exclusive rights to reproduce, publish, perform, communicate, and adapt their works. The Act also provides for fair dealing exceptions (research and study, criticism and review, parody and satire, reporting news, and professional advice) and statutory licences. The Act has been extensively amended to address digital technologies and to implement Australia’s free trade agreements.
Legal area: Intellectual property law protects creations of the mind, including copyright, patents, trade marks, and designs.
Year enacted: 1968
Full text: https://www.legislation.gov.au/Details/C1968A00063
Key Provisions
- Part III: Copyright in original literary, dramatic, musical, and artistic works
- Part IV: Copyright in subject matter other than works (sound recordings, films, broadcasts)
- Section 31: Exclusive rights of the copyright owner
- Section 40: Fair dealing for research and study
- Section 41: Fair dealing for criticism and review
- Section 41A: Fair dealing for parody or satire
- Section 113F: Orphan works (use of works where owner cannot be located)
- Section 116: Infringement and remedies
- Section 196: Duration of copyright (life of author plus 70 years)
Significance
The Copyright Act 1968 is a key element of Australia’s intellectual property framework. The Act has been substantially amended, including by the Copyright Amendment (Digital Agenda) Act 2000, the US-Australia Free Trade Agreement implementation (2004), the Copyright Amendment (Disability Access and Other Measures) Act 2017, and the Copyright Amendment (Access Reform) Act 2021, which introduced a fair dealing exception for libraries, museums, and archives. The High Court’s decision in IceTV Pty Ltd v Nine Network Australia (2009) significantly influenced the interpretation of originality.