You are here: DataLex » CopyrightKB

Copyright consultation

Run consultation | Check Fact Cross References | Check Fact Translations


THING the type of article under consideration
THING the corresponding design
THING the place where the industrial application happens
THING the act to which the proceedings relate
PERSONTHING the person registered as the owner of the design


PERSON the author
THING the work
THING the educational institution
PERSONTHING the owner
PERSONTHING the employer
PERSONTHING the proprietor
PERSONTHING the owner specified in the agreement
PERSONTHING the person who commissioned the work
THING the purpose for which the work was required
DATE the date on which the work was first published in any country 
DATE the date on which the work was first published in Australia

VERBS
d~~oes~~o~~id
subsist~~~~s~~ed
t~~ake~~akes~~ook


    /* Note: it doesn't make sense to "publish" a broadcast */

LISTED RULE Copyright Act 1968 - s29 (Publication) PROVIDES
the work has been published ONLY IF
s29(1) applies AND
s29(4) does not apply AND
the conduct relied upon to constitute publication is not listed in
s29(3) AND
s29(6) does not apply


RULE Copyright Act 1968 - s29(1)(a) PROVIDES
s29(1) applies ONLY IF
s29(1)(a) applies OR
s29(1)(b) applies OR
s29(1)(c) applies



RULE Copyright Act 1968 - s29(1)(a) PROVIDES
s29(1)(a) applies ONLY IF
the work is a literary work AND/OR
the work is a dramatic work AND/OR
the work is a musical work AND/OR
the work is an artistic work AND/OR
the work is a published edition AND
reproductions of the work have been supplied
(whether by sale or otherwise) to the public

RULE Copyright Act 1968 - s29(2) PROVIDES
reproductions of the work have been supplied (whether by sale or otherwise) to the public ONLY IF
reproductions of the whole of the work have been supplied (whether by sale or otherwise) to the public

/*  Added to give effect to:   (2) In determining, for the  purposes of paragraph (1) (a), whether  reproductions of a work or edition have been supplied to the public, section 14 does not apply. 
*/


RULE Copyright Act 1968 - s29(1)(b) PROVIDES
s29(1)(b) applies ONLY IF
the work is a cinematographic film AND
copies of the film have been sold to the public AND/OR
copies of the film have been let on hired to the
public AND/OR
copies of the film have been offered or exposed for
sale to the public AND/OR
copies of the film have been offered or exposed for
hire to the public


RULE Copyright Act 1968 - s29(1)(c) PROVIDES
s29(1)(c) applies ONLY IF
the work is a sound recording AND
records embodying the whole of the recording have been supplied
(whether by sale or otherwise) to the public AND/OR
records embodying part of the recording have been supplied (whether
by sale or otherwise) to the public

/* Added 'the whole of' to make sense of the second question
*/


RULE Copyright Act 1968 - s29(3) PROVIDES
the conduct relied upon to constitute publication is listed in s29(3) ONLY IF
the work is a literary work AND/OR
the work is a dramatic work AND/OR
the work is a musical work AND
the conduct relied upon to constitute publication is the performance of the work AND/OR
the conduct relied upon to constitute publication is
the supply (whether by sale or otherwise) to the public of records
of the work OR
the work is an artistic work AND 
the conduct relied upon to constitute publication is an exhibition OR
the work is a building AND/OR  the work is a model of a building AND
the conduct relied upon to constitute publication is the 
construction of the work OR 
the work is a building AND/OR  
the work is a model of a building AND/OR 
the work is a sculpture AND 
the conduct relied upon to constitute publication is the supply (whether by sale or otherwise) 
to the public of photographs, engravings of the work


RULE Copyright Act 1968 - s29(4) PROVIDES
s29(4) applies ONLY IF
the publication is merely colourable (not intended to satisfy the reasonable
requirements of the public)

/* s29(4) does not contain two separate requirements. 'Merely colourable' only means 'not intended to satisfy the reasonable requirements of the public'
*/

  /*
   * "except in so far as it may constitute an infringement of
   *  copyright or a breach of a duty under Part IX."
   */

RULE Copyright Act 1968 - s29(5) PROVIDES
the first publication of the work took place in Australia ONLY IF
the date on which the work was first published in any country PLUS 30 IS GREATER THAN 
the date on which the work was first published in Australia

/* 
 * This is probably a bit restrictive. The subsection says: 
 * 
 *  (5) For the purposes of this Act, a publication in Australia or in 
 *      any other country shall not be treated as being other than the 
 *      first publication by reason only of an earlier publication elsewhere, 
 *      if the two publications took place within a period of not more than 
 *     thirty days. 
 */

RULE Copyright Act 1968 - s29(6) PROVIDES
s29(6) applies ONLY IF
the publication was unauthorised as defined in s29(7)

/* 
 * This sub-section extends to most references in the Act. Our treatment is 
 * probably a little narrow: Here is what its meant to do: 
 * 
 *  (6) In determining, for the purposes of any provision of this Act: 
 *  (a) whether a work or other subject-matter has been published; 
 *  (b) whether a publication of a work or other subject-matter was the first 
 *      publication of the work or other subject-matter; or 
 *  (c) whether a work or other subject-matter was published or otherwise dealt 
 *      with in the life-time of a person; 
 * any unauthorized publication or the doing of any other unauthorized act shall 
 * be disregarded. 
 */

RULE Copyright Act 1968 - s29(7) PROVIDES
the publication was unauthorised as defined in s29(7) ONLY IF
s29(7)(a) applies OR
s29(7)(b) applies

RULE Copyright Act 1968 - s29(7)(a) PROVIDES
s29(7)(a) applies ONLY IF
copyright subsists in the work for the purposes of s29(7) AND
the purported publication was not done by the owner AND  the purported publication was not done with the licence of the owner

RULE Copyright Act 1968 - s29(7)(b) PROVIDES
s29(7)(b) applies ONLY IF
copyright does not subsist in the work for the purposes of s29(7) AND
the publication was not done by, or with the licence of, the
author AND
the publication was not done by, or with the licence of, the
persons lawfully claiming under the author

DAEMON Copyright Act 1968 - s29(8) PROVIDES
IF s29(6) applies  THEN 
nothing in s29(6) or s29(7)  affects any provisions of the Copyright Act relating to the acts comprised in a copyright  or  to acts constituting infringements of copyrights or any provisions of Part IX

/* 
 * s30 has yet to be included: 
 * 
 *  30. In the case of a copyright of which (whether as a result of a partial 
 * assignment or otherwise) different persons are the owners in respect of its 
 * application to: 
 *   (a) the doing of different acts or classes of acts; or 
 *   (b) the doing of one or more acts or classes of acts 
 * in different countries or at different times; 
 * the owner of the copyright, for any purpose of this Act, shall be deemed to 
 * be the person who is the owner of the copyright in respect of its application 
 * to the doing of the particular act or class of acts, or to the doing of the 
 * particular act or class of acts in the particular country or at the 
 * particular time, as the case may be, that is relevant to that purpose, and 
 * a reference in 
 * this Act to the prospective owner of a future copyright of 
 * which different persons are the prospective owners has a corresponding 
 * meaning.
 */

LISTED RULE Copyright Act 1968 - s31 (Exclusive Rights) PROVIDES
IF copyright subsists in the work THEN BEGIN
IF the work is a literary work OR
the work is a dramatic work OR
the work is a musical work THEN
    s31(1)(a) applies
IF the work is an artistic work THEN
    s31(1)(b) applies
END

  /* added pre-condition that copyright subsists */

DAEMON Copyright Act 1968 - s31(1)(a) PROVIDES
IF s31(1)(a) applies THEN BEGIN
the owner has the exclusive right to reproduce the work in a
material form AND
the owner has the exclusive right to publish the work AND
the owner has the exclusive right to perform the work in public AND
the owner has the exclusive right to broadcast the work AND
the owner has the exclusive right to cause the work to be
transmitted to subscribers to a diffusion service AND
the owner has the exclusive right to make an adaptation of the work AND
the owner has the exclusive right to reproduce a work that is
adaptation of the work in a material form AND
the owner has the exclusive right to publish a work that is an
adaptation of the work AND
the owner has the exclusive right to perform a work that is an
adaptation of the work in public AND
the owner has the exclusive right to broadcast a work that is an
adaptation of the work AND
the owner has the exclusive right to cause a work that is an
adaptation of the work to be transmitted to subscribers to a
diffusion service
END

/* 31(1)(a)(vii) expanded out */

DAEMON Copyright Act 1968 - s31(1)(b) PROVIDES
IF s31(1)(b) applies THEN BEGIN
the owner has the exclusive right to reproduce the work in a
material form AND
the owner has the exclusive right to publish the work AND
the owner has the exclusive right to include the work in a
television broadcast AND
the owner has the exclusive right to cause a television programme
that includes the work to be transmitted to subscribers
to a diffusion service
END

/* 
 * Ignored: 
 * 
 *   (2) The generality of subparagraph (1) (a) (i) is not affected by 
 *       subparagraph (1) (a) (vi). 
 */

LISTED RULE Copyright Act 1968 - s32 (Subsistence) PROVIDES
copyright subsists in the work ONLY IF
s32(1) applies OR
s32(2) applies OR
s32(3) applies

RULE Copyright Act 1968 - s32(1) PROVIDES
s32(1) applies ONLY IF
the work is "original" AND
the work is a literary work AND/OR
the work is a dramatic work AND/OR
the work is a musical work AND/OR
the work is an artistic work AND
the work has not been published AND
s32(1)(a) is satisfied AND/OR
s32(1)(b) is satisfied

RULE Copyright Act 1968 - s32(1)(a) PROVIDES
s32(1)(a) is satisfied ONLY IF
the author was a "qualified person" at the time the work was made
under the s32(4) definition

RULE Copyright Act 1968 - s32(1)(b) PROVIDES
s32(1)(b) is satisfied ONLY IF
the making of the work extended over a period AND
the author was a "qualified person" for a substantial part of the
period of the making of the work under the s32(4) definition

RULE Copyright Act 1968 - s32(2) PROVIDES
s32(2) applies ONLY IF
the work is "original" AND
the work is a literary work AND/OR
the work is a dramatic work AND/OR
the work is a musical work AND/OR
the work is an artistic work AND
the work has been published AND
s32(2)(c) is satisfied AND/OR
s32(2)(d) is satisfied AND/OR
s32(2)(e) is satisfied


DAEMON Copyright Act 1968 - s32(2) PROVIDES
IF s32(2) applies THEN
copyright subsists in the work

/* theses words have been ignored:
'or (b) if copyright in the work subsisted immediately before its first publication, copyright continues to subsist in the work'
*/

RULE Copyright Act 1968 - s32(2)(c) PROVIDES
s32(2)(c) is satisfied ONLY IF
the first publication of the work took place in Australia

RULE Copyright Act 1968 - s32(2)(d) PROVIDES
s32(2)(d) is satisfied ONLY IF
the author was a "qualified person" at the time the work was first
published under the s32(4) definition

RULE Copyright Act 1968 - s32(2)(e) PROVIDES
s32(2)(e) is satisfied ONLY IF
the author died before the time the work was first
published AND
the author was a "qualified person" immediately before the author's
death under the s32(4) definition

RULE Copyright Act 1968 - s32(3) PROVIDES
s32(3) applies ONLY IF
s32(3)(a) is satisfied OR
s32(3)(b) is satisfied

RULE Copyright Act 1968 - s32(3)(a) PROVIDES
s32(3)(a) is satisfied ONLY IF
the work is "original" AND
the work is an artistic work AND
the work is a building AND
the work is situated in Australia

RULE Copyright Act 1968 - s32(3)(b) PROVIDES
s32(3)(b) is satisfied ONLY IF
the work is "original" AND
the work is an artistic work AND
the work is attached to, or forms part of, a building situated in
Australia



RULE Copyright Act 1968 - s32(4) PROVIDES
the author was a "qualified person" <> under the s32(4)
definition ONLY IF
the author was an Australian citizen <> OR
the author was an Australian protected person <> OR
the author was a person resident in Australia <>



/* this uses the new "variable rule" facility. This is an */

/* interim measure only. The syntax will change. */

LISTED RULE Copyright Act 1968 - s33 (Duration) PROVIDES
IF s33(2) applies THEN
the duration of copyright IS
    "until the expiration of 50 years after the expiration of the
    calendar year in which the author dies"
IF s33(3) applies THEN
the duration of copyright IS
    "until the expiration of 50 years after the expiration of the
    calendar year in which the work is first published, performed
    in public, or broadcast, or records of the work are first offered
    or exposed for sale to the public"
IF s33(5) applies THEN
the duration of copyright IS
    "until the expiration of 50 years after the expiration of the
    calendar year in which the engraving is first published"
IF s33(6) applies THEN
the duration of copyright IS
    "until the expiration of 50 years after the expiration of the
    calendar year in which the photograph is first published"
IF s33(2) applies THEN
the last year in which copyright continues to subsist IS
    YEAR the date of death of the author PLUS 50
IF s33(3) applies THEN
the last year in which copyright continues to subsist IS
    YEAR the earliest publication, broadcast, performance or sale
   of the work PLUS 50
IF s33(5) applies THEN
the last year in which copyright continues to subsist IS
    YEAR the date that the work was first published PLUS 50
IF s33(6) applies THEN
the last year in which copyright continues to subsist IS
    YEAR the date that the work was first published PLUS 50
IF UNKNOWN s33(3) applies AND UNKNOWN s33(2) applies THEN
the duration of copyright IS
    "the life of the author plus 50 years \OR 50 years from the year in
    which the work is first published, performed in public, or
    broadcast, or records of the work are first offered or exposed for
    sale, whichever is the greater"




/* this rule draws together all of the conclusions */


/* leaving the individual rules relating to each   */


/* sub-section just to concentrate on requirements.*/


/* The last conclusion is a bit of a kludge.       */

/* 
 * Incorporated: 
 * 
 *   (1) This section has effect subject to subsection 32 (2) and to section 34. 
 */



RULE Copyright Act 1968 - s33(2) PROVIDES
s33(2) applies ONLY IF
s33(3) does not apply AND
s33(5) does not apply AND
s34(1) does not apply AND
copyright subsists in the work AND
the work is a literary work AND/OR
the work is a dramatic work AND/OR
the work is a musical work AND/OR BEGIN
the work is an artistic work AND
the work is not a photograph END




/* expanded out "subject to this section" and added */


/* requirement that s34 not apply to take care of (1)*/



RULE Copyright Act 1968 - s33(3) PROVIDES
s33(3) applies ONLY IF
copyright subsists in the work AND
the work is a literary work AND/OR
the work is a dramatic work AND/OR
the work is a musical work AND
s34(1) does not apply AND
the work was not published before the death of the author AND
the work was not broadcast before the death of the author AND
the work was not performed in public before the death of the author AND
the work was not offered or exposed for sale to the public before
the death of the author
IF s33(3) applies AND
the author has not died THEN
s33(3) applies IS UNCERTAIN




/* again, added reference to s34 to take care of ss(1)*/



RULE Copyright Act 1968 - s33(3)(a)-(d) PROVIDES
IF the work has been <> AND/OR
    an adaptation of the work has been <> THEN
IF the author has died THEN
    IF the date that the work was first <> IS LESS THAN
    the date of death of the author THEN

the work was <> before the death of the author
    ELSE BEGIN

the work was not <> before the death of the author

IF UNKNOWN the earliest publication, broadcast, performance or

    sale of the work OR the date that the work was first <>


IS LESS THAN the earliest publication, broadcast,


    performance or sale of the work THEN

    the earliest publication, broadcast, performance or

    sale of the work IS the date that the work was first <>
    END
ELSE
    the work was <> before the death of the author
ELSE
the work was not <> before the death of the author




/* added reference to "adaptation" to fix ss(4) */



/* this uses the new "variable rule" facility. This is an */

/* interim measure only. The syntax will change. */



RULE Copyright Act 1968 - s33(5) PROVIDES
s33(5) applies ONLY IF
s34(1) does not apply AND
copyright subsists in the work AND
the work is an artistic work AND
the work is an engraving AND
the engraving was not published before the death of the author




/* again, added reference to s34 to take care of ss(1)*/



RULE Copyright Act 1968 - s33(5) [when published] PROVIDES
IF the work has been published THEN
IF the author has died THEN
    IF the date that the work was first published IS LESS THAN
    the date of death of the author THEN

the engraving was published before the death of the author
    ELSE

the engraving was not published before the death of the author
ELSE
    the engraving was published before the death of the author
ELSE
the engraving was not published before the death of the author



RULE Copyright Act 1968 - s33(6) PROVIDES
s33(6) applies ONLY IF
s34(1) does not apply AND
copyright subsists in the work AND
the work is an artistic work AND
the work is a photograph

/* again, added reference to s34 to take care of ss(1)*/


RULE Copyright Act 1968 - s34 PROVIDES
IF s34(1) applies THEN
the duration of copyright IS
    "until the expiration of 50 years after the expiration of the
    calendar year in which the work was first published"
IF s34(1) applies THEN
the last year in which copyright continues to subsist IS
    YEAR the date that the work was first published PLUS 50



RULE Copyright Act 1968 - s34(1) PROVIDES
s34(1) applies ONLY IF
copyright subsists in the work AND
the work is a literary work AND/OR
the work is a dramatic work AND/OR
the work is a musical work AND/OR BEGIN
the work is an artistic work AND
the work is not a photograph END AND
the work has been published AND
the first publication of the work was anonymous or pseudonymous AND
s34(2) does not apply


/* added s34(2) exception */


RULE Copyright Act 1968 - s34(2) PROVIDES
the last year of s34 protection IS
YEAR the date that the work was first published PLUS 50
ASSERT s34(2) applies ONLY IF
the identity of the author has been or will be generally known at
any time up to the end of  OR
the identity of the author could have been or could be ascertained by
reasonable inquiry at any time up to the end of



/* this uses the new "variable" fact */
/* feature. This may be dropped altogether */
/* in a future version of ysh */

/* 
 * The following has been ignored: 
 *   35(1) This section has effect subject to Parts VII and X. 
 */

LISTED RULE Copyright Act 1968 - s35 (Ownership) PROVIDES
DETERMINE the owner

/* all of the section 35 rules need a lot of work! */


RULE Copyright Act 1968 - s35(2) PROVIDES
s35(2) applies ONLY IF
s35(3) does not apply AND
s35(4) does not apply AND
s35(5) does not apply AND
s35(6) does not apply
IF s35(2) applies THEN BEGIN
ASSERT the owner IS the name of the author
ASSERT the name of the owner IS the name of the author
ASSERT the owner is a natural person
ASSERT the sex of the owner IS the sex of the author
END

RULE Copyright Act 1968 - s35(3) PROVIDES
s35(3) applies ONLY IF
there is an agreement relating to ownership
IF s35(3) applies THEN BEGIN
s35(3) applies
ASSERT the owner IS the name of the owner specified in the agreement
ASSERT the name of the owner IS the name of the owner specified in the agreement
ASSERT the owner is a natural person ONLY IF
the owner specified in the agreement is a natural person
IF the owner specified in the agreement is a natural person THEN
    the sex of the owner IS
the sex of the owner specified in the agreement
END



RULE Copyright Act 1968 - s35(4) PROVIDES
s35(4) applies ONLY IF
the work is a literary work AND/OR
the work is a dramatic work AND/OR
the work is an artistic work AND
the author is an employee AND
the author is employed by a proprietor of a newspaper, magazine or similar periodical AND
the work was made by the author in pursuance of the terms of the author's employment AND
the work was made under a contract of service or apprenticeship AND
the work is made for the purpose of publication in a newspaper, magazine or similar periodical

IF s35(4) applies THEN BEGIN
the proprietor owns the copyright in relation to publishing the work in any 
newspaper, magazine or similar periodical AND
the proprietor owns the copyright in relation to broadcasting the work AND
the proprietor owns the copyright in relation to reproducing the work for the 
purpose of its being published in a newspaper, magazine or similar periodical AND
the proprietor owns the copyright in relation to reproducing the work for the 
purpose of its being broadcast AND
the author otherwise owns the copyright 
END

RULE Copyright Act 1968 - s35(4) PROVIDES
IF s35(4) applies THEN BEGIN
ASSERT the name of the author in relation to some acts and the proprietor in relation to some acts IS 
   "the author in relation to some acts and the proprietor in relation to some acts"
ASSERT the author in relation to some acts and the proprietor in relation to some acts is not a natural person
ASSERT the owner IS the name of the author in relation to some acts and the proprietor in relation to some acts
ASSERT the name of the owner IS  the name of the author in relation to some acts and the proprietor in relation to some acts 
ASSERT the owner is not a natural person 
END

DAEMON a proprietor is an employer PROVIDES
IF the author is employed by a proprietor of a newspaper, magazine or similar periodical
THEN BEGIN
ASSERT the employer IS the name of the proprietor
ASSERT the name of the employer IS the name of the proprietor
ASSERT the employer is a natural person ONLY IF the proprietor is a
natural person
IF the proprietor is a natural person THEN
ASSERT the sex of the employer IS the sex of the proprietor
END


RULE Copyright Act 1968 - s35(5) PROVIDES
s35(5) applies ONLY IF
s35(4) does not apply AND
the work is a photograph AND/OR
the work is a portrait AND/OR
the work is an engraving AND
the author has entered into an agreement in relation to the making of the work AND
the agreement is for valuable consideration AND
the work is made in pursuance of the agreement

IF s35(5) applies THEN 
BEGIN
ASSERT the owner IS the name of the person who commissioned the work
ASSERT the name of the owner IS the name of the person who commissioned the work
ASSERT the owner is a natural person ONLY IF 
the person who commissioned the work is a natural person
IF the person who commissioned the work is a natural person THEN 
the sex of the owner IS the sex of the person who commissioned the work
IF the person who commissioned the work did inform the author that the work was required the purpose for which the work was required THEN 
the author can restrain the owner from doing acts comprised in the copyright other than  doing the act the purpose for which the work was required
END


RULE Copyright Act 1968 - s35(6) PROVIDES
s35(6) applies ONLY IF
BEGIN the work is a literary work AND/OR
the work is a dramatic work AND/OR
the work is an artistic work AND
s35(4) does not apply AND
s35(5) does not apply END
AND/OR the work is a musical work AND
the author is an employee AND
the work was made by the author in pursuance of the terms of
the author's employment AND
the work was made under a contract of service or apprenticeship
IF s35(6) applies THEN BEGIN
ASSERT the owner IS the name of the employer
ASSERT the name of the owner IS the name of the employer
ASSERT the owner is a natural person ONLY IF the employer is a
natural person
IF the employer is a natural person THEN
ASSERT the sex of the owner IS the sex of the employer
END

/* s75 STARTS HERE
*/

LISTED RULE Loss of copyright (copyright / design overlap) PROVIDES
copyright subsists in full ONLY IF 
s75 of the Copyright Act 1968 does not affect the subsistence of copyright AND 
s77 does not affect the subsistence of copyright

RULE Copyright Act 1968 - s74 Corresponding design PROVIDES
there is a corresponding design ONLY IF 
the work is an artistic work AND 
the work comprises a design within the Designs Act 1906 s4 definition of "design" AND 
the design, when applied to an article, does result in a reproduction of the work AND 
the design does not consist solely of features of two-dimensional pattern or ornament 
applicable to a surface of an article

/* S75 STARTS HERE
s75 - these words have been ignored '(whether made before the commencement of this section or otherwise)'
*/

DAEMON effect of s75 commencement dates PROVIDES
ASSERT the commencement date of s75 IS 1 October 1990
IF the date on which the corresponding design was registered IS LESS THAN 
the commencement date of s75 THEN 
s75 prior to its amendment by the Copyright Amendment Act 1989 must be considered

LISTED RULE Copyright Act 1968 - s75 Copyright protection where corresponding design registered PROVIDES
s75 of the Copyright Act 1968 affects the subsistence of copyright
ONLY IF the work is an artistic work AND 
copyright subsists in the work AND 
there is a corresponding design  AND 
a corresponding design to the work is registered under the Designs Act 1906 AND/OR 
a corresponding design to the work has been registered under the Designs Act 1906 AND 
the date on which the corresponding design was registered IS GREATEREQUAL THAN 
the commencement date of s75 AND 
s76(1) of the Copyright Act 1968 does not apply

IF s75 of the Copyright Act 1968 affects the subsistence of copyright THEN 
it is not an infringement of the copyright in the work to reproduce the work by applying the corresponding design, or any other corresponding  design, to an article

RULE Copyright Act 1968 - s76(1) False registration of industrial designs PROVIDES
s76(1) of the Copyright Act 1968 applies ONLY IF
the work is an artistic work AND 
copyright subsists in the work AND 
there is a corresponding design  AND 
a corresponding design to the work is registered under the Designs Act 1906 AND/OR 
a corresponding design to the work has been registered under the Designs Act 1906 AND 
proceedings have been brought under the Copyright Act 1968 in relation to the work AND 
the monopoly in the design, the corresponding design, that subsisted by virtue of that registration had not expired by effluxion of time before the commencement of those proceedings AND 
it is established in those proceedings that the person registered as the owner of the design was not the owner of the design for the purposes of the Designs Act 1906 AND  
it is established in those proceedings that the person registered as the owner of the design, the corresponding design,  was so registered without the knowledge of the owner of the copyright in the work

DAEMON Copyright Act 1968 - s76(2) No 1 PROVIDES
for the purposes of the proceedings referred to in s76(1) the design, the corresponding design,  is deemed by s76(2) never to have been registered under the Designs Act 1906 ONLY IF  
s76(1) of the Copyright Act 1968 applies 
IF s76(1) of the Copyright Act 1968 applies THEN DETERMINE s76(3) of the Copyright Act 1968 applies

DAEMON Copyright Act 1968 - s76(2) No 2 PROVIDES
IF for the purposes of the proceedings referred to in s76(1) the design, the corresponding design,  is deemed by s76(2) never to have been registered under the Designs Act 1906 THEN 
a corresponding design to the work is not registered under the Designs Act 1906
ASSERT a corresponding design to the work has not been registered under the Designs Act 1906
ASSERT nothing in the Designs Act 1906 constitutes a defence to the s76(2) deeming provision



/* This is an unsatisfactory way to deal with a deeming provision. But what else can you do?

      (2) Subject to the next succeeding subsection, for the purposes of the
proceedings referred to in the last preceding subsection:
            (a)   the design shall be deemed never to have been  registered under
                  the Designs Act 1906-1968;

           (b)   the last preceding section does not apply in  relation to anything done in respect of the design; and

            (c)   nothing in the Designs Act 1906-1968  constitutes a defence.

*/

RULE Copyright Act 1968 - s76(3) PROVIDES
s76(3) of the Copyright Act 1968 applies ONLY IF  it is established that an act to which the 
proceedings relate was done by an assignee of, or under a licence 
granted by, the person registered as the owner of the design AND  
the act to which the proceedings relate was done in good faith in reliance upon the registration AND  the act to which the proceedings relate was done without notice of any proceedings for the cancellation of the registration or for rectifying the entry in the Register of Designs in relation to the design

DAEMON Copyright Act 1968 - s76(3) No 2 PROVIDES
IF s76(3) of the Copyright Act 1968 applies THEN 
s75 applies in relation to the act to which the proceedings relate for the purposes of proceedings referred to in s76(2)


/*
s77 - these words are ignored ' whether made before the commencement of this  section or otherwise'; 'whether in Australia or elsewhere'; '(in this section called "articles made to the corresponding design")'; ', whether in Australia or elsewhere,' (in relation to sale etc)
*/

DAEMON effect of s77 commencement date PROVIDES
ASSERT the commencement date of s77 of the Copyright Act 1968 IS 1 October 1990
IF the date on which the industrial application occurs IS LESS THAN 
the commencement date of s77 of the Copyright Act 1968 THEN 
s77 prior to its amendment by the Copyright Amendment Act 1989 must be considered


LISTED RULE Copyright Act 1968 - s77 Application of artistic works as industrial designs without registration of the designs PROVIDES
s77 affects the subsistence of copyright ONLY IF 
s77(1)(a) applies AND 
s77(3) does  not apply AND 
s77(1)(b) applies
IF s77 affects the subsistence of copyright THEN 
it is not an infringement of the copyright in the artistic work to reproduce the work, on or after the day on which articles made to the corresponding design are first so sold, let for hire or offered or exposed for sale or hire, by applying that, or any other, corresponding  design to an article

RULE Copyright Act 1968 - s 77(1)(a)  PROVIDES
s77(1)(a) applies ONLY IF 
the work is an artistic work AND 
the work is not a building AND 
the work is not a model of a building AND 
the work is not a work of artistic craftsmanship AND 
copyright subsists in the work 

RULE Copyright Act 1968 - s 77(1)(b)  PROVIDES
s77(1)(b) applies ONLY IF 
there is a corresponding design AND 
the corresponding design is applied industrially AND 
the industrial application is by or with the licence of the owner of the copyright in the work in the place where the industrial application happens AND 
the date on which the industrial application occurs IS GREATEREQUAL THAN 
the commencement date of s77 of the Copyright Act 1968  AND 
articles are sold to which the corresponding design has been so applied AND/OR 
articles are let for hire to which the corresponding design has been so applied AND/OR 
articles are offered or exposed for sale or hire to which the corresponding design has been so applied AND 
at that time, the corresponding design has not been registered under the Designs Act 1906 AND/OR 
at that time, the corresponding design is not registrable under the Designs Act 1906

DAEMON non-registration consequences PROVIDES
IF a corresponding design to the work has not been registered under the Designs Act 1906 THEN 
at that time, the corresponding design has not been registered under the Designs Act 1906

RULE Copyright Act 1968 - S 77(3)  PROVIDES
s77(3) applies ONLY IF
the type of article under consideration are articles such that the corresponding design was excluded from registration by regulations made under the Designs Act 1906 AND
the date on which the the corresponding design  for  the type of article under consideration  was excluded from registration by regulations made under the Designs Act 1906 IS LESS THAN 
the date on which the industrial application occurs

/* s77(3) - these words not included: 'and, for the purposes of any proceedings under this Act, a design shall be conclusively presumed to have been so excluded if:
            (a)   before the commencement of the proceedings, an  application for
                  the registration of the design under that Act in respect of
                  those articles had been refused;
            (b)   the reason, or one of the reasons, given for the refusal was
                  that the design was excluded from registration under that Act
                  by regulations made under that Act; and

            (c)   when the proceedings were commenced, no appeal against the
                  refusal had been allowed or was pending.

      (4) The regulations may specify the circumstances in which a design is,
for the purposes of this section, to be taken to be applied industrially.
*/

RULE Copyright Act 1968 - s77(4)  PROVIDES
IF the corresponding design is applied industrially  according to regulations which specify the circumstances in which a design is, for the purposes of s77, to be taken to be applied industrially THEN 
the corresponding design is applied industrially

/* DAEMONS TO ASSIST IN INTERPRETATION OF SS 74 -77 */

RULE identifying the regulation defining industrial application PROVIDES
the corresponding design is applied industrially  according to regulations which specify the circumstances in which a design is, for the purposes of s77, to be taken to be applied industrially ONLY IF Regulation 17 of the Copyright Regulations applies 

RULE alternative means by which designs can be applied industrially PROVIDES
the corresponding design is applied industrially ONLY IF 
Regulation 17 of the Copyright Regulations applies OR 
the corresponding design is applied industrially for reasons other than Regulation 17 of the Copyright Regulations

RULE identifying the Regulation which excludes designs from registration PROVIDES
the type of article under consideration are articles such that the corresponding design was excluded from registration by regulations made under the Designs Act 1906 ONLY IF 
the type of article under consideration is excluded from registration under Regulation 11 of the Designs Act 1906 

LISTED RULE Copyright Regulations - Reg 17 Circumstances in which design is taken to be applied industrially PROVIDES
Regulation 17 of the Copyright Regulations applies ONLY IF 
the design is applied to more than 50 articles OR the design is applied to one or more articles manufactured in lengths or pieces AND 
the articles are not hand-made articles

IF Regulation 17 of the Copyright Regulations applies THEN the design is applied industrially 

/*
    (2) For the purposes of paragraph (1) (a), any 2 or more articles:

            (a)   that are of the same general character; and

            (b)   that are intended for use together; and

            (c)   to which the same design, or substantially the same design, s
                  applied; are taken to constitute a single article.
 
  (3) For the purposes of this regulation, a design is taken to be applied
to an article if:

            (a)   the design is applied to the article by a process (whether a


                  process of printing, embossing or otherwise); or

            (b)   the design is reproduced on or in the article in the course of
                  the production of the article.
*/

/* *
"Common Sense" Rules */

RULE Some common sense about life and death PROVIDES
IF the author has not died THEN
the date of death of the author IS uncertain

RULE Some common sense about publication PROVIDES
IF the work has not been published THEN
the date that the work was first published IS  uncertain

RULE Earliest publication etc initialisation PROVIDES
the earliest publication, broadcast, performance or sale of the work
IS uncertain


/* 
 * "Mechanical" Rules
 */

DAEMON Works to Type PROVIDES
ASSERT the work is a literary work IS the type of work EQUALS "literary"
ASSERT the work is an artistic work IS the type of work EQUALS "artistic"
ASSERT the work is a musical work IS the type of work EQUALS "musical"
ASSERT the work is a dramatic work IS the type of work EQUALS "dramatic"
ASSERT the work is a broadcast IS the type of work EQUALS "a broadcast"
ASSERT the work is a cinematographic film IS the type of work EQUALS "a film"
ASSERT the work is a published edition IS the type of work EQUALS "an edition"
ASSERT the work is a sound recording IS the type of work EQUALS "a record"
ASSERT the work is a portrait IS the class of work EQUALS "a portrait"
ASSERT the work is a building IS the class of work EQUALS "a building"
ASSERT the work is a model of a building IS the class of work EQUALS "a model of a building"
ASSERT the work is a photograph IS the class of work EQUALS "a photograph"
ASSERT the work is an engraving IS the class of work EQUALS "an engraving"
ASSERT the work is a sculpture IS the class of work EQUALS "a sculpture"

DAEMON Type to Works PROVIDES
IF the work is a literary work THEN the type of work IS "literary"
IF the work is an artistic work THEN the type of work IS "artistic"
IF the work is a musical work THEN the type of work IS "musical"
IF the work is a dramatic work THEN the type of work IS "dramatic"
IF the work is a sound recording THEN the type of work IS "a record"
IF the work is a cinematographic film THEN the type of work IS "a film"
IF the work is a published edition THEN the type of work IS "an edition"
IF the work is a broadcast THEN the type of work IS "a broadcast"
IF the work is a portrait THEN the type of work IS "artistic"
IF the work is a portrait THEN the class of work IS "a portrait"
IF the work is a photograph THEN the type of work IS "artistic"
IF the work is a photograph THEN the class of work IS "a photograph"
IF the work is an engraving THEN the type of work IS "artistic"
IF the work is an engraving THEN the class of work IS "an engraving"
IF the work is a building THEN the type of work IS "artistic"
IF the work is a building THEN the class of work IS "a building"
IF the work is a model of a building THEN the type of work IS "artistic"
IF the work is a model of a building THEN the class of work IS "a model of a building"
IF the work is a sculpture THEN the type of work IS "artistic"
IF the work is a sculpture THEN the class of work IS "a sculpture"

DAEMON Works to Classes PROVIDES
IF the work is not an artistic work THEN the work is not an engraving
IF the work is not an artistic work THEN the work is not a sculpture
IF the work is not an artistic work THEN the work is not a model of a building
IF the work is not an artistic work THEN the work is not a photograph
IF the work is not an artistic work THEN the work is not a portrait
IF the work is not an artistic work THEN the work is not a building
IF the work is a computer program or a compilation of computer programs
THEN the work is not an article
IF the work is a computer program or a compilation of computer programs
THEN the copying in question is not of a published edition

DAEMON Mutual exclusivity of types of works PROVIDES
IF the work is a literary work THEN BEGIN the work is not a dramatic work AND 
the work is not a musical work AND the work is not an artistic work END
IF the work is a dramatic work THEN BEGIN the work is not a literary work AND 
the work is not a musical work AND the work is not an artistic work END
IF the work is a musical work THEN BEGIN the work is not a dramatic work AND 
the work is not a literary work AND the work is not an artistic work END
IF the work is an artistic work THEN BEGIN the work is not a dramatic work AND 
the work is not a musical work AND the work is not a literary work END




This site is powered by FoswikiCopyright © by the contributing authors. All material on this collaboration platform is the property of the contributing authors.
Ideas, requests, problems regarding AustLII Communities? Send feedback