An overview of the Australian import regime for copyright material

Under Australian copyright law prior to 1991, copyright owners generally had the exclusive right to import copyright material for commercial purposes. Accordingly, permission was usually required from Australian copyright holders before copyright material such as films, software and books could be imported for sale in Australia. Over the past decade, however, the Australian government has progressively eased these restrictions for the main purposes of stimulating competition in particular markets or ensuring consumer access to certain goods. One of the main changes to the Copyright Act has been to permit, in certain circumstances, parallel importation which is the legal importation of non-pirated copyright subject matter for commercial use without the permission of the Australian copyright holder. Because legislative change has come in stages, the current import regime is an amalgam of different rules for different products. Importers accordingly need to be careful that they are aware of the different rules and seek permission where required. This article sets out a brief guide to the Australian copyright import regime for a range of common product groups.