Understanding the Australian Copyright Act 1968 (Cth)
The Australian Copyright Act 1968 (Cth) governs the use of copyrighted works in Australia, including the requirement for public performance licensing. This page outlines key sections relevant to public performance and practical steps for compliance.
Key Sections of the Act
Section 31: Exclusive Rights of Copyright Owner
Specifies the exclusive rights, including public performance of literary, dramatic, musical works, and films.
Section 27: Meaning of 'Performance in Public'
Defines public performance, including settings like aged care facilities.
Application to Showing Movies
When you show a movie to a group of people in a public setting, such as an aged care facility's common room, it falls under the definition of a public performance.
The key elements include:
- Public Access: Even though the audience consists of residents and staff, they are considered a section of the public.
- Purpose: The act of screening the movie is a performance, and since it is not within a strictly private setting, it is deemed public.
- Licensing Requirements: To comply with the Copyright Act, you must obtain a public performance licence from the relevant licensing bodies. These bodies manage the rights on behalf of the copyright owners and issue licences that permit public showings under specific terms and conditions.
Consequences of Non-Compliance
Civil and Criminal Penalties
Details the penalties for failing to obtain a public performance licence.
Practical Steps for Compliance
Steps to Obtain a Public Performance License
Guidelines on identifying the licensing body, applying for a licence, and adhering to the terms.
Contact Us to Get Your Licence
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