The Copyright Act 1968

The Copyright Act 1968 (Cth) is the core Australian statute governing copyright, and it has been repeatedly amended to respond to new technologies, trade agreements, and policy reviews.

Core Act and Early Context (1968–1980s)

• 1968: Copyright Act 1968 passed, replacing the Copyright Act 1912 and implementing a modern, Australia‑specific scheme for works, films, sound recordings, broadcasts and published editions.

• 1 May 1969: Act comes into force across Australia.

• 1970s–1980s: A series of specialist reviews (Spicer/Franki committees, Copyright Law Review Committee) examine photocopying, publication, churches, performers’ rights and related issues, many feeding into later amendments.

Major Amendment Phases (1980s–2000)

Key amendment Acts (non‑exhaustive but illustrative):

• 1980: Copyright Amendment Act 1980 – part of early reforms responding to photocopying and educational use.​

• 1983, 1984, 1986: Further Copyright Amendment Acts adjusting definitions (e.g. “publication”) and exceptions.​

• 1989: Copyright Amendment Act 1989 – updates including performers’ rights groundwork.​

• 1991: Copyright Amendment Act 1991 – reforms importation rules for books.​

• 1993: Copyright Amendment (Re‑Enactment) Act 1993 – technical re‑enactment and consolidation.

• 1994: Copyright (World Trade Organization Amendments) Act 1994 – TRIPS/WTO compliance.​

• 1999: Copyright Amendment (Computer Programs) Act 1999 – clarifies treatment of software.​

• 2000: Copyright Amendment (Digital Agenda) Act 2000 – major “digital” overhaul: communication right, technology‑neutral language, expanded exceptions and licensing schemes for digital uses.

Free‑Trade, Term and Digital Enforcement (2000s)

Reforms in the 2000s respond heavily to the Australia–US Free Trade Agreement (AUSFTA) and the internet:

• 2003: Copyright Amendment (Parallel Importation) Act 2003 – adjusts rules for parallel importation of certain works.​

• 2004: US Free Trade Agreement Implementation Act 2004 and Copyright Legislation Amendment Act 2004 – implement AUSFTA obligations across IP, including copyright.​

• 2005: Copyright Amendment (Film Directors’ Rights) Act 2005 – gives film directors certain authorship and remuneration rights.​

• 2006: Copyright Amendment Act 2006 –

  • implements AUSFTA‑driven changes;

  • strengthens anti‑circumvention provisions modelled on the US DMCA (prohibiting circumvention of technological protection measures);

  • expands criminal offences and introduces infringement notices.​

• Late 2000s: Resale Royalty Right for Visual Artists Act 2009 establishes a separate resale royalty scheme for artists’ secondary sales, interacting with copyright in artworks.​

Recent Targeted Amendments (2010s–2020s)

More recent reforms focus on online infringement, safe harbours, and access issues:

• 2015: Copyright Amendment (Online Infringement) Act 2015 – introduces site‑blocking injunction regime against overseas “pirate” sites via carriage service providers.​

• 2018:

  • Copyright Amendment (Service Providers) Act 2018 – extends the safe‑harbour scheme beyond ISPs to certain libraries, archives, educational institutions and disability services, limiting their liability for user infringements in specified circumstances.​

  • Copyright Amendment (Online Infringement) Act 2018 –

    • expands blocking regime to search engines and additional categories of infringing sites (e.g. cyber‑lockers);

    • allows more flexible, responsive blocking orders.​

• 2021: Exposure draft Copyright Amendment (Access Reform) Bill 2021 – proposed reforms on libraries, orphan works, quotation and remote learning; consulted on but (as of late 2025) not fully enacted in this form.​

• 2023–2025: Attorney‑General’s copyright roundtables consider AI, broadcast definitions, orphan works and remote learning, foreshadowing future amendments rather than yet‑completed statutory change.​

Illustrative Timeline (Selected Points)

Related and Supporting Legislation

A number of other statutes interact closely with the Copyright Act:

• Resale Royalty Right for Visual Artists Act 2009 – resale royalties on eligible artwork sales.

• Copyright Regulations 2017 (and earlier regulations, including International Protection Regulations 1969) – detail exceptions, technological protection measures rules, and international protection.

• Trade and IP legislation such as the US Free Trade Agreement Implementation Act 2004 and WTO/TRIPS amendments – drive term and enforcement changes.

This progression shows the Act evolving from a print‑era statute into a complex digital‑age framework incorporating international obligations, online enforcement mechanisms and sector‑specific schemes.