Copyright: ABC, ANU and SBS prescribed as key cultural institutions

An interesting though non-controversial regulation changed the copyright laws was recently registered. The regulation is Copyright Amendment Regulations 2011 (No. 1) made under Copyright Act 1968 s 249(1) and it adds to the list of organisations considered as key cultural institutions under the Act.  

The Regulation amends the Copyright Regulations 1969, to provide the the Australian Broadcasting Corporation (ABC), Australian National University Archives Program (ANU), and the Special Broadcasting Service Corporation (SBS) will be prescribed as key cultural institutions under the regulations.

Exceptions to the Act allow libraries and archives to make copies of certain works in their collection without infringing copyright. Section 51A of the Act permits three copies of a work to be made for reasons of:

• research,

• preservation of deteriorating materials,

• replacement of lost or damaged materials; and,

• for administrative purposes directly related to the care and control of the collection. 

Sections 110B and 112 of the Act provide in a similar way for the copying of films, sound recordings and published editions. While ss 51B, 110BA, and 112AA of the Act enable key cultural institutions to make up to three preservation copies of works that are of historical or cultural significance to Australia. 

Key cultural institution are defined as bodies that have the function of developing and maintaining a collection under either Commonwealth or State law, or have been prescribed by the regulations.  While the ABC, ANU and SBS maintain collections that are considered historically or culturally significant to Australia and that are unique and often irreplaceable, the general copying provisions within the Act for libraries and archives do not meet their preservation needs. The amending regulations allow the ABC, ANU and SBS to proactively preserve materials prior to any deterioration.

The regulations were registered on 19 August 2011 and while probably not the most controversial law ever made they are an important part of ensuring that our history and cultural record are retained and available to future generations.

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