Copyright Amendment (Film Directors’ Rights) Act 2005

No. 130, 2005

An Act to amend the Copyright Act 1968, and for related purposes

[Assented to 8 November 2005]

The Parliament of Australia enacts: 1 Short title

This Act may be cited as the Copyright Amendment (Film Directors’ Rights) Act 2005.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Schedule 1—Amendment

Copyright Act 1968

1 At the end of section 98

Add:

(4) If the film is not a commissioned film, then the reference in subsection (2) to the maker of the film includes a reference to each director of the film.

(5) If a director directed the film under the terms of his or her employment under a contract of service or apprenticeship with another person (the employer), then, in the absence of any agreement to the contrary, the employer is to be substituted for the director for the purposes of subsection (4).

(6) If a person becomes an owner of the copyright:

(a) because of the operation of subsection (4); or

(b) because of the operation of subsections (4) and (5);

then the person becomes the owner of the copyright only so far as the copyright consists of the right to include the film in a retransmission of a free-to-air broadcast.

(7) In this section:

commissioned film means a film made as mentioned in paragraphs (3)(a) and (b).

director has the same meaning as in Part IX.

free-to-air broadcast has the same meaning as in Part VC.

retransmission means a retransmission (as defined in section 10) to which Part VC applies.

[Minister’s second reading speech made in— House of Representatives on 17 March 2005 Senate on 14 September 2005]

(43/05)