Copyright Act · 2006 Revised Edition · Part X · Miscellaneous
198. Use of copyright material for service of Government
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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.
artistic work
“artistic work” means —(a)a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not;(b)a building or model of a building, whether the building or model is of artistic quality or not; or(c)a work of artistic craftsmanship to which neither paragraph (a) nor (b) applies,but does not include a layout-design or an integrated circuit within the meaning of section 2(1) of the Layout-Designs of Integrated Circuits Act;
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 —
the doing of any act in connection with the supply of those goods in pursuance of the agreement or arrangement; and
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.
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.
owner
“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;
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.
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.
Copyright Tribunal
“Copyright Tribunal” or “Tribunal” means the Copyright Tribunal established under Part VII;
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.
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.
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.
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.
exclusive licence
“exclusive licence” means a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and “exclusive licensee” shall have a corresponding meaning;
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]
educational institution
“educational institution” means —(a)a school or similar institution at which one or more of the following is provided:(i)full-time primary education;(ii)full-time secondary education;(iii)full-time pre-university education;(iv)such other full-time education as may be prescribed by regulations made under this Act;(b)a junior college, a university, a college of advanced education or a technical and further education institution;(c)an institution that conducts courses of primary, secondary, pre-university or tertiary education by correspondence or on an external study basis;(d)a school of nursing;(e)an undertaking within a hospital, being an undertaking that conducts courses of study or training in —(i)the provision of medical services; or(ii)the provision of services incidental to the provision of medical services;(f)a teacher education centre;(g)an institution that has, as its principal function, the provision of courses of study or training for the purpose of —(i)general education;(ii)the preparation of persons for a particular occupation or profession; or(iii)the continuing education of persons engaged in a particular occupation or profession;(h)such other institution at which education is provided as may be declared by regulations made under this Act to be an institution to which this paragraph applies;(i)an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (h), being an undertaking that has as its principal function, or as one of its principal functions, the provision of teacher training for persons engaged as instructors in educational institutions of such a kind, or of 2 or more such kinds;(j)an institution, or an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (i), being an institution or undertaking that has as its principal function, or as one of its principal functions, the furnishing of materials to educational institutions of a kind referred to in paragraphs (a) to (i), or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes,but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;