Copyright Act 1968
Section 86 - provides, amongst other things, that to make a copy of the film is the exclusive right of the copyright owner.
Section 101 - provides that it is an infringement of the copyright to do or authorise the doing of any act comprised in the copyright without the licence of the owner.
Section 102 - provides, in summary that copyright is infringed by a person who without the licence of the owner of the copyright, imports a cinematograph film into Australia for the purpose of selling it or dealing with it by any of the methods specified in the section, where to his/her knowledge the making of the film would, if the film had been made in Australia by the importer, have constituted an infringement of copyright.
Section 103 - provides inter alia, that it is an infringement of copyright to sell, offer for sale hire or offer for hire, infringing copies of cinematograph films. Further, an “article” includes a reproduction of copy of a work or other subject matter, being a reproduction or copy in electronic form.
Section 115 - this section provides that the copyright owner may bring an action for infringement of copyright and the Courts may grant an injunction and either damages, or an account of profits. Additional damages may be awarded having regard inter alia to the flagrancy of the infringement.
Section 116 - subject to this Act, the owner of the copyright in a work or other subject matter is entitled in respect of any infringing copy, or of any device (including a circumvention device) used or intended to be used for making infringing copies, to the rights and remedies, by way of an action for conversion or detention, to which he/she would be entitled if he/she were the owner of the copy or device and had been the owner of the copy or device since the time when it was made.
Pursuant to this Section, the owners of the copyright are deemed to be the owners of the infringing copies of the film and are given the remedy of delivery up of the infringing copies.
Criminal Offences:
Section 132 - It is an offence for a person to manufacture, sell, hire, distribute or offer for sale or hire, infringing (pirate) copies of films, in any format, or to have in his/her possession for the purpose of sale or hire a film in any format. The maximum criminal penalties for individuals under the Copyright Act can be as high as $60,500 and up to five years imprisonment.
Links to relevant parts of the legislation
Copyright Act 1968
Copyright Regulations 1969
Copyright (International Protection) Regulations 1969
Commonwealth Crimes Act 1914
Commonwealth Criminal Code Act 1995
