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Copyright Act 1968
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C2016C00520 (C50)
10 March 2016
-
30 June 2016
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Part I—Preliminary
1 Short title
2 Commencement
4 Extension to external Territories
5 Exclusion of Imperial Copyright Act, 1911
6 Repeal of Copyright Acts
7 Act to bind the Crown
8 Copyright not to subsist except by virtue of this Act
8A Prerogative rights of the Crown in the nature of copyright
9 Operation of other laws
9A Application of the Criminal Code
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Part II—Interpretation
10 Interpretation
10AA Non infringing copy of a sound recording
10AB Non infringing copy of a computer program
10AC Non infringing copy of an electronic literary or music item
10AD Accessories to imported articles
10A Declarations and notices relating to certain bodies and institutions
11 Residence in a country not affected by temporary absence
12 References to Parliament
13 Acts comprised in copyright
14 Acts done in relation to substantial part of work or other subject matter deemed to be done in relation to the whole
15 References to acts done with licence of owner of copyright
16 References to partial assignment of copyright
17 Statutory employment
18 Libraries established or conducted for profit
19 References to Copyright Act, 1911
20 Names under which work is published
21 Reproduction and copying of works and other subject matter
22 Provisions relating to the making of a work or other subject matter
23 Sound recordings and records
24 References to sounds and visual images embodied in an article
25 Provisions relating to broadcasting
27 Performance
28 Performance and communication of works or other subject matter in the course of educational instruction
29 Publication
30 Ownership of copyright for particular purposes
30A Commercial rental arrangement
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Part III—Copyright in original literary, dramatic, musical and artistic works
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Division 1—Nature, duration and ownership of copyright in works
31 Nature of copyright in original works
32 Original works in which copyright subsists
33 Duration of copyright in original works
34 Duration of copyright in anonymous and pseudonymous works
35 Ownership of copyright in original works
Division 2—Infringement of copyright in works
36 Infringement by doing acts comprised in the copyright
37 Infringement by importation for sale or hire
38 Infringement by sale and other dealings
39 Infringement by permitting place of public entertainment to be used for performance of work
39A Infringing copies made on machines installed in libraries and archives
39B Communication by use of certain facilities
Division 3—Acts not constituting infringements of copyright in works
40 Fair dealing for purpose of research or study
41 Fair dealing for purpose of criticism or review
41A Fair dealing for purpose of parody or satire
42 Fair dealing for purpose of reporting news
43 Reproduction for purpose of judicial proceedings or professional advice
43A Temporary reproductions made in the course of communication
43B Temporary reproductions of works as part of a technical process of use
43C Reproducing works in books, newspapers and periodical publications in different form for private use
44 Inclusion of works in collections for use by places of education
44A Importation etc. of books
44B Reproduction of writing on approved label for containers for chemical product
44BA Acts done in relation to certain medicine
44BB Copyright subsisting in works shared for healthcare or related purposes
44C Copyright subsisting in accessories etc. to imported articles
44D Import of non infringing copy of sound recording does not infringe copyright in works recorded
44E Importation and sale etc. of copies of computer programs
44F Importation and sale etc. of copies of electronic literary or music items
Division 4—Acts not constituting infringements of copyright in literary, dramatic and musical works
45 Reading or recitation in public or for a broadcast
46 Performance at premises where persons reside or sleep
47 Reproduction for purpose of broadcasting
47AA Reproduction for the purpose of simulcasting
47A Sound broadcasts by holders of print disability radio licences
Division 4A—Acts not constituting infringements of copyright in computer programs
47AB Meaning of computer program
47B Reproduction for normal use or study of computer programs
47C Back up copy of computer programs
47D Reproducing computer programs to make interoperable products
47E Reproducing computer programs to correct errors
47F Reproducing computer programs for security testing
47G Unauthorised use of copies or information
47H Agreements excluding operation of certain provisions
Division 4B—Acts not constituting infringements of copyright in artistic works
47J Reproducing photograph in different format for private use
Division 5—Copying of works in libraries or archives
48 Interpretation
48A Copying by Parliamentary libraries for members of Parliament
49 Reproducing and communicating works by libraries and archives for users
50 Reproducing and communicating works by libraries or archives for other libraries or archives
51 Reproducing and communicating unpublished works in libraries or archives
51AA Reproducing and communicating works in care of National Archives of Australia
51A Reproducing and communicating works for preservation and other purposes
51B Making preservation copies of significant works in key cultural institutions’ collections
52 Publication of unpublished works kept in libraries or archives
53 Application of Division to illustrations accompanying articles and other works
Division 6—Recording of musical works
54 Interpretation
55 Conditions upon which manufacturer may make records of musical work
57 Provisions relating to royalty where 2 or more works are on the one record
59 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work
60 Records made partly for retail sale and partly for gratuitous disposal
61 Making inquiries in relation to previous records
64 Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records
Division 7—Acts not constituting infringements of copyright in artistic works
65 Sculptures and certain other works in public places
66 Buildings and models of buildings
67 Incidental filming or televising of artistic works
68 Publication of artistic works
70 Reproduction for purpose of including work in television broadcast
72 Reproduction of part of work in later work
73 Reconstruction of buildings
Division 8—Designs
74 Corresponding design
75 Copyright protection where corresponding design registered
76 False registration of industrial designs under the Designs Act 2003
77 Application of artistic works as industrial designs without registration of the designs
77A Certain reproductions of an artistic work do not infringe copyright
Division 9—Works of joint authorship
78 References to all of joint authors
79 References to any one or more of joint authors
80 References to whichever of joint authors died last
81 Works of joint authorship published under pseudonyms
82 Copyright to subsist in joint works without regard to any author who is an unqualified person
83 Inclusion of joint works in collections for use in places of education
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Part IV—Copyright in subject matter other than works
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Division 1—Preliminary
84 Definitions
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Division 2—Nature of copyright in subject matter other than works
85 Nature of copyright in sound recordings
86 Nature of copyright in cinematograph films
87 Nature of copyright in television broadcasts and sound broadcasts
88 Nature of copyright in published editions of works
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Division 3—Subject matter, other than works, in which copyright subsists
89 Sound recordings in which copyright subsists
90 Cinematograph films in which copyright subsists
91 Television broadcasts and sound broadcasts in which copyright subsists
92 Published editions of works in which copyright subsists
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Division 4—Duration of copyright in subject matter other than works
93 Duration of copyright in sound recordings
94 Duration of copyright in cinematograph films
95 Duration of copyright in television broadcasts and sound broadcasts
96 Duration of copyright in published editions of works
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Division 5—Ownership of copyright in subject matter other than works
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Subdivision A—Ownership of copyright in subject matter other than works
97 Ownership of copyright in sound recordings
98 Ownership of copyright in cinematograph films
99 Ownership of copyright in television broadcasts and sound broadcasts
100 Ownership of copyright in published editions of works
Subdivision B—Specific provisions relating to the ownership of copyright in pre commencement sound recordings of live performances
100AA Application
100AB Definitions
100AC Application of sections 100AD and 100AE
100AD Makers of pre commencement sound recordings of live performances
100AE Ownership of pre commencement copyright in sound recordings of live performances
100AF Former owners may continue to do any act in relation to the copyright
100AG Actions by new owners of copyright
100AH References to the owner of the copyright in a sound recording
Division 6—Infringement of copyright in subject matter other than works
100A Interpretation
101 Infringement by doing acts comprised in copyright
102 Infringement by importation for sale or hire
103 Infringement by sale and other dealings
103A Fair dealing for purpose of criticism or review
103AA Fair dealing for purpose of parody or satire
103B Fair dealing for purpose of reporting news
103C Fair dealing for purpose of research or study
104 Acts done for purposes of judicial proceeding
104A Acts done by Parliamentary libraries for members of Parliament
104B Infringing copies made on machines installed in libraries and archives
104C Copyright subsisting in sound recordings and cinematograph films shared for healthcare or related purposes
105 Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast
106 Causing sound recording to be heard at guest house or club
107 Making of a copy of the sound recording for purpose of broadcasting
108 Copyright in published recording not infringed by public performance if equitable remuneration paid
109 Copyright in published sound recording not infringed by broadcast in certain circumstances
109A Copying sound recordings for private and domestic use
110 Provisions relating to cinematograph films
110AA Copying cinematograph film in different format for private use
110A Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives
110B Copying and communicating sound recordings and cinematograph films for preservation and other purposes
110BA Making preservation copies of significant recordings and films in key cultural institutions’ collections
110C Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting
111 Recording broadcasts for replaying at more convenient time
111A Temporary copy made in the course of communication
111B Temporary copy of subject matter as part of a technical process of use
112 Reproductions of editions of work
112A Importation and sale etc. of books
112AA Making preservation copies of significant published editions in key cultural institutions’ collections
112B Reproduction of writing on approved label for containers for chemical product
112C Copyright subsisting in accessories etc. to imported articles
112D Import of non infringing copy of a sound recording does not infringe copyright in the sound recording
112DA Importation and sale etc. of copies of electronic literary or music items
112E Communication by use of certain facilities
Division 7—Miscellaneous
113 Copyrights to subsist independently
113A Agents may act on behalf of groups of performers
113B Consent to the use of a sound recording of a live performance
113C Use of published sound recordings when owners cannot be found etc.
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Part V—Remedies and offences
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Division 1—Preliminary
114 Interpretation
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Division 2—Actions by owner of copyright
115 Actions for infringement
115A Injunctions against carriage service providers providing access to online locations outside Australia
116 Rights of owner of copyright in respect of infringing copies
116AAA Compensation for acquisition of property
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Division 2AA—Limitation on remedies available against carriage service providers
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Subdivision A—Preliminary
116AA Purpose of this Division
116AB Definitions
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Subdivision B—Relevant activities
116AC Category A activity
116AD Category B activity
116AE Category C activity
116AF Category D activity
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Subdivision C—Limitations on remedies
116AG Limitations on remedies
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Subdivision D—Conditions
116AH Conditions
116AI Evidence of compliance with conditions
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Subdivision E—Regulations
116AJ Regulations
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Division 2A—Actions in relation to technological protection measures and electronic rights management information
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Subdivision A—Technological protection measures
116AK Definitions
116AL Interaction of this Subdivision with Part VAA
116AM Geographical application
116AN Circumventing an access control technological protection measure
116AO Manufacturing etc. a circumvention device for a technological protection measure
116AP Providing etc. a circumvention service for a technological protection measure
116AQ Remedies in actions under this Subdivision
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Subdivision B—Electronic rights management information
116B Removal or alteration of electronic rights management information
116C Distribution to the public etc. of works whose electronic rights management information has been removed or altered
116CA Distribution and importation of electronic rights management information that has been removed or altered
116CB Exception relating to national security and law enforcement
116D Remedies in actions under this Subdivision
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Division 3—Proceedings where copyright is subject to exclusive licence
117 Interpretation
118 Application
119 Rights of exclusive licensee
120 Joinder of owner or exclusive licensee as a party
121 Defences available against exclusive licensee
122 Assessment of damages where exclusive licence granted
123 Apportionment of profits between owner and exclusive licensee
124 Separate actions in relation to the same infringement
125 Liability for costs
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Division 4—Proof of facts in civil actions
126 Presumptions as to subsistence and ownership of copyright
126A Presumptions relating to subsistence of copyright
126B Presumptions relating to ownership of copyright
127 Presumptions in relation to authorship of work
128 Presumptions in relation to publisher of work
129 Presumptions where author has died
129A Presumptions relating to computer programs
130 Presumptions relating to sound recordings
130A Acts relating to imported copies of sound recordings
130B Acts relating to imported copies of computer programs
130C Acts relating to imported copies of electronic literary or music items
131 Presumptions relating to films
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Division 4A—Jurisdiction and appeals
131A Exercise of jurisdiction
131B Appeals
131C Jurisdiction of Federal Court of Australia
131D Jurisdiction of Federal Circuit Court of Australia
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Division 5—Offences and summary proceedings
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Subdivision A—Preliminary
132AA Definitions
132AB Geographical application
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Subdivision B—Substantial infringement on a commercial scale
132AC Commercial scale infringement prejudicing copyright owner
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Subdivision C—Infringing copies
132AD Making infringing copy commercially
132AE Selling or hiring out infringing copy
132AF Offering infringing copy for sale or hire
132AG Exhibiting infringing copy in public commercially
132AH Importing infringing copy commercially
132AI Distributing infringing copy
132AJ Possessing infringing copy for commerce
132AK Aggravated offence—work etc. converted to digital form
132AL Making or possessing device for making infringing copy
132AM Advertising supply of infringing copy
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Subdivision D—Airing of works, sound recordings and films
132AN Causing work to be performed publicly
132AO Causing recording or film to be heard or seen in public
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Subdivision E—Technological protection measures
132APA Definitions
132APB Interaction of this Subdivision with Part VAA
132APC Circumventing an access control technological protection measure
132APD Manufacturing etc. a circumvention device for a technological protection measure
132APE Providing etc. a circumvention service for a technological protection measure
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Subdivision F—Electronic rights management information
132AQ Removing or altering electronic rights management information
132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information
132AS Distributing or importing electronic rights management information
132AT Defences
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Subdivision G—Evidence
132AU Prosecution to prove profit
132A Presumptions in relation to subsistence and ownership of copyright
132AAA Presumptions relating to computer programs
132B Presumptions relating to sound recordings
132C Presumptions relating to films
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Subdivision H—Extra court orders
133 Destruction or delivery up of infringing copies etc.
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Subdivision I—Procedure and jurisdiction
133A Courts in which offences may be prosecuted
133B Infringement notices
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Division 6—Miscellaneous
134 Limitation of actions in respect of infringement of copyright
134A Affidavit evidence
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Division 7—Seizure of imported copies of copyright material
134B Interpretation
135 Restriction of importation of copies of works etc.
135AA Decision not to seize unless expenses are covered
135AB Secure storage of seized copies
135AC Notice of seizure
135AD Inspection, release etc. of seized copies
135AE Forfeiture of seized copies by consent
135AEA Claim for release of seized copies
135AEB Seized copies not claimed are forfeited
135AEC Late claim for release of seized copies
135AED Objector to be notified of claim
135AF Release of seized copies to importer
135AFA Copies released but not collected are forfeited
135AG Provision relating to actions for infringement of copyright
135AH Retention of control of seized copies
135AI Disposal of seized copies forfeited to the Commonwealth
135AJ Failure to meet Commonwealth’s expenses of seizure
135AK Immunity of the Commonwealth
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Part VAA—Unauthorised access to encoded broadcasts
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Division 1—Preliminary
135AL Definitions
135AM Counterclaim
135AN This Part does not apply to law enforcement activity etc.
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Division 2—Actions
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Subdivision A—Actions relating to unauthorised decoders
135AOA Making or dealing with unauthorised decoder
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Subdivision B—Actions relating to decoders for subscription broadcasts
135AOB Making decoder available online
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Subdivision C—Actions for unauthorised access to encoded broadcasts
135AOC Causing unauthorised access
135AOD Unauthorised commercial use of subscription broadcast
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Subdivision D—Court orders
135AOE Relief
135AOF Destruction of decoder
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Subdivision E—Jurisdiction and appeals
135AP Exercise of jurisdiction
135AQ Appeals
135AR Jurisdiction of Federal Court of Australia
135AS Jurisdiction of Federal Circuit Court of Australia
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Division 3—Offences
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Subdivision A—Offences
135ASA Making unauthorised decoder
135ASB Selling or hiring unauthorised decoder
135ASC Offering unauthorised decoder for sale or hire
135ASD Commercially exhibiting unauthorised decoder in public
135ASE Importing unauthorised decoder commercially
135ASF Distributing unauthorised decoder
135ASG Making unauthorised decoder available online
135ASH Making decoder available online for subscription broadcast
135ASI Unauthorised access to subscription broadcast etc.
135ASJ Causing unauthorised access to encoded broadcast etc.
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Subdivision B—Prosecutions
135ATA Courts in which offences may be prosecuted
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Subdivision C—Further orders by court
135AU Destruction etc. of unauthorised decoders
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Part VA—Copying and communication of broadcasts by educational and other institutions
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Division 1—Preliminary
135A Interpretation
135B Copies and communications of broadcasts
135C Extended operation of this Part
135D Operation of collecting society rules
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Division 2—Copying and communication of broadcasts
135E Copying and communication of broadcasts by educational institutions etc.
135F Making and communication of preview copies
135G Remuneration notices
135H Records notices
135J Sampling notices
135JAA Determination of questions relating to this Division or the collecting society’s rules
135JA Agreed notice
135K Marking and record keeping requirements
135KA Notice requirements in respect of communications
135L Inspection of records etc.
135M Revocation of remuneration notice
135N Request for payment of equitable remuneration
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Division 3—The collecting society
135P Declaration of the collecting society
135Q Revocation of declaration
135R Annual report and accounts
135S Amendment of rules
135SA Applying to Tribunal for review of distribution arrangement
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Division 4—Interim copying
135T Appointment of notice holder
135U Copying before declaration of collecting society
135V Preview copies
135W Notices by administering bodies
135X Marking and record keeping requirements
135Y Effect of declaration of collecting society
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Division 5—Miscellaneous
135Z Relevant right holder may authorise copying etc.
135ZA Copyright not to vest in copier
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Part VB—Reproducing and communicating works etc. by educational and other institutions
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Division 1—Preliminary
135ZB Interpretation
135ZC Eligible items and photographic versions
135ZE Part does not apply to computer programs
135ZF Operation of collecting society rules
135ZFA Licensed communications
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Division 2—Reproduction by educational institutions of works that are in hardcopy form
135ZGA Application of Division
135ZG Multiple reproduction of insubstantial parts of works that are in hardcopy form
135ZH Copying of printed published editions by educational institutions
135ZJ Multiple reproduction of printed periodical articles by educational institutions
135ZK Multiple reproduction of works published in printed anthologies
135ZL Multiple reproduction of works that are in hardcopy form by educational institutions
135ZM Application of Division to certain illustrations that are in hardcopy form
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Division 2A—Reproduction and communication of works that are in electronic form
135ZMA Application of Division
135ZMB Multiple reproduction and communication of insubstantial parts of works that are in electronic form
135ZMC Multiple reproduction and communication of periodical articles that are in electronic form by education institutions
135ZMD Multiple reproduction and communication of works that are in electronic form by educational institutions
135ZMDA Reproduction and communication of works from electronic anthologies by educational institutions
135ZME Application of Division to certain illustrations in electronic form
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Division 3—Reproduction and communication of works by institutions assisting persons with a print disability
135ZN Copying published editions by institutions assisting persons with a print disability
135ZP Multiple reproduction and communication of works by institutions assisting persons with a print disability
135ZQ Making of relevant reproductions and relevant communications by institutions assisting persons with a print disability
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Division 4—Reproduction and communication of works etc. by institutions assisting persons with an intellectual disability
135ZR Copying of published editions by institutions assisting persons with an intellectual disability
135ZS Copying and communication of eligible items by institutions assisting persons with an intellectual disability
135ZT Making of copies etc. for use in making copies or communications for a person with an intellectual disability
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Division 5—Equitable remuneration
135ZU Remuneration notices
135ZV Records notices
135ZW Sampling notices
135ZWAA Determination of questions relating to this Part or a collecting society’s rules
135ZWA Electronic use notices
135ZX Records notices and sampling notices: marking and record keeping requirements
135ZXA Electronic use notices: notice requirements etc.
135ZY Inspection of records etc.
135ZZ Revocation of remuneration notice
135ZZA Request for payment of equitable remuneration
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Division 6—Collecting societies
135ZZB Collecting societies
135ZZC Revocation of declaration
135ZZD Annual report and accounts
135ZZE Amendment of rules
135ZZEA Applying to Tribunal for review of distribution arrangement
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Division 7—Miscellaneous
135ZZF Rights of copyright owners
135ZZG Copyright not to vest in copier
135ZZH Unauthorised use of copies
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Part VC—Retransmission of free to air broadcasts
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Division 1—Preliminary
135ZZI Definitions
135ZZJ Operation of collecting society rules
135ZZJA Application of Part
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Division 2—Retransmission of free to air broadcasts
135ZZK Retransmission of free to air broadcasts
135ZZL Remuneration notices
135ZZM Amount of equitable remuneration
135ZZN Record system
135ZZP Inspection of records etc.
135ZZQ Identity cards
135ZZR Revocation of remuneration notice
135ZZS Request for payment of equitable remuneration
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Division 3—Collecting societies
135ZZT Collecting societies
135ZZU Revocation of declaration
135ZZV Annual report and accounts
135ZZW Amendment of rules
135ZZWA Applying to Tribunal for review of distribution arrangement
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Division 4—Interim retransmissions
135ZZX Appointment of notice holder
135ZZY Retransmitting before declaration of collecting society
135ZZZ Notices by retransmitters
135ZZZA Record keeping requirements
135ZZZB Effect of declaration of collecting society
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Division 5—Miscellaneous
135ZZZC Relevant copyright owner may authorise retransmitting
135ZZZD Copyright not to vest under this Part
135ZZZE Licence to retransmit does not authorise copyright infringements
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Part VD—Re broadcasts by satellite BSA licensees
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Division 1—Preliminary
135ZZZF Definitions
135ZZZG Eligible program and original broadcaster
135ZZZH Operation of collecting society rules
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Division 2—Re broadcasts by satellite BSA licensees
135ZZZI Re broadcasts by satellite BSA licensees
135ZZZJ Remuneration notices
135ZZZK Amount of equitable remuneration
135ZZZL Record system
135ZZZM Revocation of remuneration notice
135ZZZN Request for payment of equitable remuneration
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Division 3—Collecting societies
135ZZZO Collecting societies
135ZZZP Revocation of declaration
135ZZZQ Annual report and accounts
135ZZZR Amendment of rules
135ZZZS Applying to Tribunal for review of distribution arrangement
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Division 4—Interim re broadcasts
135ZZZT Appointment of notice holder
135ZZZU Re broadcast before declaration of collecting society
135ZZZV Notices by satellite BSA licensees
135ZZZW Record keeping requirements
135ZZZX Effect of declaration of collecting society
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Division 5—Miscellaneous
135ZZZY Relevant copyright owner may authorise re broadcast
135ZZZZ Copyright not to vest under this Part
135ZZZZA Licence to re broadcast does not authorise copyright infringements
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Part VI—Copyright Tribunal of Australia
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Division 1—Preliminary
136 Interpretation
137 Cases to which licence schemes apply
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Division 2—Constitution of the Tribunal
138 Constitution of Tribunal
139 Appointment of members of Tribunal
140 Qualifications of members
141 Tenure of office
141A Seniority of Deputy Presidents
142 Acting President
143 Remuneration and allowances
144 Oath or affirmation of office
144A Disclosure of interests by members
144B Removal from office for failure to disclose interest
145 Resignation
146 Sittings of the Tribunal
147 President to arrange business of Tribunal
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Division 3—Applications and references to the Tribunal
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Subdivision A—Preliminary
148 Interpretation
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Subdivision B—Applications relating to Parts III and IV
149 Applications to Tribunal for determination of remuneration payable for making recording or film of a work
149A Applications to Tribunal under section 47A
150 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording
151 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording
152 Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings
152A Applications to Tribunal for determination of amount of royalty payable for recording musical works
152B Applications to Tribunal for determination of manner of paying royalty
153 Applications to Tribunal for apportionment of royalty in respect of a record
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Subdivision C—Applications and references relating to Part VA
153A Applications to Tribunal under section 135H, subsection 135J(1) or subsection 135JA(1)
153B Applications to Tribunal under subsection 135J(3)
153BAAA Application to the Tribunal under subsection 135JAA(2)
153BA Application to the Tribunal under subsection 135JA(3)
153BAA Application to the Tribunal under subsection 135K(2A)
153BAB References relating to declaration of collecting society
153BAC References relating to revocation of declaration of collecting society
153BAD Review of collecting society’s distribution arrangement
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Subdivision D—Applications and references relating to Part VB
153BB Application to the Tribunal under subsection 135ZME(3)
153C Applications to the Tribunal under section 135ZV or subsection 135ZW(1) or 135ZWA(1)
153D Applications to Tribunal under subsection 135ZW(3)
153DAA Application to the Tribunal under subsection 135ZWAA(2)
153DA Applications to the Tribunal under subsection 135ZWA(2)
153DB Application to the Tribunal under subsection 135ZX(2A)
153DC References relating to declaration of collecting society
153DD References relating to revocation of declaration of collecting society
153DE Review of collecting society’s distribution arrangement
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Subdivision E—Applications relating to Part VII
153E Applications to Tribunal under subsection 183(5)
153F Applications to Tribunal to declare collecting society for government copies
153G Applications to Tribunal to revoke a declaration of a collecting society
153H Time limit for deciding applications under section 153F or 153G
153J Amendment and revocation of a declaration on the declaration of another collecting society
153K Applications to Tribunal for method of working out payment for government copies
153KA Review of collecting society’s distribution arrangement
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Subdivision F—Applications relating to declarations of institutions
153L Applications to Tribunal for review of declarations of certain educational institutions
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Subdivision G—Applications and references relating to Part VC
153M Applications to the Tribunal under subsection 135ZZM(1)
153N Applications to Tribunal under subsection 135ZZN(3)
153P References relating to declaration of collecting society
153Q References relating to revocation of declaration of collecting society
153R Review of collecting society’s distribution arrangement
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Subdivision GA—Applications and references relating to Part VD
153RA Application to the Tribunal to determine amount payable to owner of copyright in a broadcast
153S Applications to the Tribunal under paragraph 135ZZZK(1)(b)—equitable remuneration
153T Applications to Tribunal under paragraph 135ZZZL(3)(b)—record system
153U References relating to declaration of collecting society
153V References relating to revocation of declaration of collecting society
153W Review of collecting society’s distribution arrangement
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Subdivision H—References and applications relating to licences and licence schemes
154 Reference of proposed licence schemes to Tribunal
155 Reference of existing licence schemes to Tribunal
156 Further reference of licence schemes to Tribunal
157 Application to Tribunal in relation to licences
157A Tribunal must have regard to ACCC guidelines on request
157B Tribunal may make ACCC party to reference or application
158 Effect of licence scheme being continued in operation pending order of the Tribunal
159 Effect of order of Tribunal in relation to licences
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Subdivision I—General provisions
160 Interim orders
161 Reference of questions of law to Federal Court of Australia
162 Agreements or awards not affected
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Division 4—Procedure and evidence
163 Proceedings to be in public except in special circumstances
163A Application may be made to Tribunal by the agent of the copyright owner
164 Procedure
165 Mistakes or errors in orders of the Tribunal
166 Regulations as to procedure
167 Power to take evidence on oath
168 Evidence in form of written statement
169 Representation
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Division 4A—Alternative dispute resolution processes
169A Referral of proceeding for alternative dispute resolution process
169B Directions by President or Deputy President
169C Agreement about the terms of a decision etc.
169D Evidence not admissible
169E Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal
169F Participation by telephone etc.
169G Engagement of persons to conduct alternative dispute resolution processes
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Division 5—Miscellaneous
170 Registrar
170A Other staff of the Tribunal
171 Protecting persons connected with Tribunal proceedings
172 Offences by witnesses
173 Offences relating to the Tribunal
174 Costs of proceedings
175 Proof of orders of Tribunal
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Part VII—The Crown
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Division 1—Crown copyright
176 Crown copyright in original works made under direction of Crown
177 Crown copyright in original works first published in Australia under direction of Crown
178 Crown copyright in recordings and films made under direction of Crown
179 Provisions relating to ownership of copyright may be modified by agreement
180 Duration of Crown copyright in original works
181 Duration of Crown copyright in recordings and films
182 Application of Parts III and IV to copyright subsisting by virtue of this Part
182A Copyright in statutory instruments and judgments etc.
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Division 2—Use of copyright material for the Crown
182B Definitions
182C Relevant collecting society
183 Use of copyright material for the services of the Crown
183A Special arrangements for copying for services of government
183B Payment and recovery of equitable remuneration payable for government copies
183C Powers of collecting society to carry out sampling
183D Annual report and accounts of collecting society
183E Alteration of rules of collecting society
183F Applying to Tribunal for review of distribution arrangement
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Part VIII—Extension or restriction of operation of Act
184 Application of Act to countries other than Australia
185 Denial of copyright to citizens of countries not giving adequate protection to Australian works
186 Application of Act to international organizations
187 Original works made or first published by international organizations
188 Subject matter, other than original works, made or first published by international organizations
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Part IX—Moral rights of performers and of authors of literary, dramatic, musical or artistic works and cinematograph films
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Division 1—Preliminary
189 Definitions
190 Moral rights conferred on individuals
191 Director, producer and screenwriter of cinematograph film
191A Staging a performance
191B Conductor to be treated as a performer
192 Rights to be additional to other rights
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Division 2—Right of attribution of authorship
193 Author’s right of attribution of authorship
194 Acts giving rise to right of attribution of authorship
195 Nature of the identification of author
195AA Identification of author to be clear and reasonably prominent
195AB What is a reasonably prominent identification
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Division 2A—Right of attribution of performership
195ABA Performer’s right of attribution of performership
195ABB Acts giving rise to right of attribution of performership
195ABC Nature of the identification of performer
195ABD Identification of performer to be clear and reasonably prominent or audible
195ABE What is a reasonably prominent identification
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Division 3—Right not to have authorship of a work falsely attributed
195AC Author’s right not to have authorship falsely attributed
195AD Acts of false attribution of authorship of a literary, dramatic or musical work
195AE Acts of false attribution of authorship of artistic work
195AF Acts of false attribution of authorship of cinematograph film
195AG Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work
195AH Act of false attribution of authorship of altered cinematograph film
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Division 3A—Right not to have performership falsely attributed
195AHA Performer’s right not to have performership falsely attributed
195AHB Acts of false attribution of performership
195AHC Act of false attribution of performership of altered recorded performance
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Division 4—Right of integrity of authorship of a work
195AI Author’s right of integrity of authorship
195AJ Derogatory treatment of literary, dramatic or musical work
195AK Derogatory treatment of artistic work
195AL Derogatory treatment of cinematograph film
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Division 4A—Right of integrity of performership
195ALA Performer’s right of integrity of performership
195ALB Derogatory treatment of performance
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Division 5—Duration and exercise of moral rights
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Subdivision A—Duration and exercise of moral rights of authors
195AM Duration of author’s moral rights
195AN Exercise of author’s moral rights
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Subdivision B—Duration and exercise of moral rights of performers
195ANA Duration of performer’s moral rights for recorded performances
195ANB Exercise of performer’s moral rights
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Division 6—Infringement of moral rights
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Subdivision A—Infringement of moral rights of authors
195AO Infringement of right of attribution of authorship
195AP Infringement of right not to have authorship falsely attributed
195AQ Infringement of right of integrity of authorship
195AR No infringement of right of attribution of authorship if it was reasonable not to identify the author
195AS No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable
195AT Certain treatment of works not to constitute an infringement of the author’s right of integrity of authorship
195AU Infringement by importation for sale or other dealing
195AV Infringement by sale and other dealings
195AVA Matters to be taken into account
195AVB Communication by use of certain facilities
195AW Author’s consent to act or omission—films or works in films
195AWA Author’s consent to act or omission—work that is not a film or included in a film
195AWB Consent invalidated by duress or false or misleading statements
195AX Acts or omissions outside Australia
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Subdivision B—Infringement of moral rights of performers
195AXA Infringement of right of attribution of performership
195AXB Infringement of right not to have performership falsely attributed
195AXC Infringement of right of integrity of performership
195AXD No infringement of right of attribution of performership if it was reasonable not to identify the performer
195AXE No infringement of right of integrity of performership if derogatory treatment or other action was reasonable
195AXF Infringement by importation for sale or other dealing
195AXG Infringement by sale and other dealings
195AXH Matters to be taken into account
195AXI Communication by use of certain facilities
195AXJ Performer’s consent to act or omission
195AXK Consent invalidated by duress or false or misleading statements
195AXL Acts or omissions outside Australia
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Division 7—Remedies for infringements of moral rights
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Subdivision A—Remedies for infringement of moral rights of authors
195AY Definition etc.
195AZ Actions for infringement of author’s moral rights
195AZA Remedies for infringements of author’s moral rights
195AZD Presumption as to subsistence of copyright
195AZE Presumption as to subsistence of author’s moral rights
195AZF Presumptions in relation to authorship of work
195AZG Other presumptions in relation to literary, dramatic, musical or artistic work
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Subdivision B—Remedies for infringement of moral rights of performers
195AZGA Definition etc.
195AZGB Actions for infringement of performer’s moral rights
195AZGC Remedies for infringements of performer’s moral rights
195AZGD Presumption as to subsistence of copyright
195AZGE Presumption as to subsistence of performer’s moral rights
195AZGF Presumptions in relation to performership
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Subdivision C—Miscellaneous
195AZGG Saving of other rights and remedies
195AZGH Jurisdiction of courts
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Division 8—Miscellaneous
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Subdivision A—Miscellaneous provisions about moral rights of authors
195AZH Parts of works
195AZI Works of joint authorship
195AZJ Cinematograph films that have more than one principal director
195AZK Cinematograph films that have more than one principal producer
195AZL Cinematograph films that have more than one principal screenwriter
195AZM Application—right of attribution of authorship
195AZN Application—right not to have authorship falsely attributed
195AZO Application—right of integrity of authorship
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Subdivision B—Miscellaneous provisions about moral rights of performers
195AZP Parts of performances
195AZQ Performances that have more than one performer
195AZR Application
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Part X—Miscellaneous
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Division 1—Interpretation
195A Interpretation
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Division 2—Review
195B Review of certain decisions
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Division 3—National Library of Australia
195CA Simplified outline
195CB Copy of certain material to be delivered to the Library
195CC Library may request a copy of material available online
195CD Delivering material to the Library
195CE Meaning of National Library material
195CF Meaning of available online
195CG Infringement notices
195CH Relationship with State and Territory laws
195CI Delegation
195CJ Legislative instruments
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Division 4—Other matters
196 Assignments and licences in respect of copyright
197 Prospective ownership of copyright
198 Copyright to pass under will with unpublished work
198A Non infringement of trade mark in relation to the importation of copyright material
199 Reception of broadcasts
200 Use of works and broadcasts for educational purposes
200AAA Proxy web caching by educational institutions
200AA Use of broadcasts by institutions assisting persons with an intellectual disability
200AB Use of works and other subject matter for certain purposes
202 Groundless threats of legal proceedings in relation to copyright infringement
202A Groundless threats of legal proceedings in relation to technological protection measures
203 Limitation on power of courts to grant relief in proceedings under this Act
203A Offence—failing to keep declarations relating to copying in library or archives
203D Offence—not arranging declarations chronologically
203E Inspection of records and declarations retained by libraries, archives or institutions
203F False and misleading declarations
203G Offence—disposing of or destroying certain declarations
203H Notation of certain copies etc.
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Part XI—Transitional
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Division 1—Preliminary
204 Interpretation
205 References to making of works, recordings and films
206 References in other laws or instruments to copyright
207 Application
208 Authorship of photographs
209 Publication
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Division 2—Original works
210 Expired copyright not to revive
211 Original works in which copyright subsists
213 Ownership of copyright
214 Infringement by importation, sale and other dealings
215 Recording of musical works
216 Publication of artistic works
217 Reconstruction of buildings
218 Industrial designs
219 Reproduction of work upon payment of royalties
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Division 3—Subject matter other than works
220 Sound recordings
221 Cinematograph films
222 Application of Act to dramatic works and photographs comprised in cinematograph films
223 Television broadcasts and sound broadcasts
224 Published editions of works
225 Infringement by importation, sale and other dealings
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Division 4—Miscellaneous
226 Actions for infringement
227 Infringing copies
228 Actions where copyright subject to exclusive licence
229 Offences and summary proceedings
230 Limitation of actions
231 Restriction of importation of printed copies of works
232 References and applications to Tribunal in relation to licence schemes
233 Duration of Crown copyright in photographs
234 Duration of Crown copyright in recordings
235 Crown copyright in films
236 Works made or published by international organizations
237 Subject matter, other than original works, made or published by international organizations
239 Assignments and licences
240 Bequests
242 Groundless threats of legal proceedings
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Division 5—Works made before 1 July, 1912
243 Interpretation
244 Application
245 Rights conferred by Copyright Act, 1911
246 Performing rights
247 Contributions to periodicals
248 Assignments and licences
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Part XIA—Performers’ protection
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Division 1—Preliminary
248A Interpretation
248B Educational purposes
248C Exempt recordings cease to be exempt recordings in certain circumstances
248CA Protection period
248D Private and domestic use
248F Application
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Division 2—Actions by performers
248G What constitutes unauthorised use
248H Copying sound recordings for broadcasting
248J Actions for unauthorised use
248K Exercise of jurisdiction
248L Appeals
248M Jurisdiction of Federal Court
248MA Jurisdiction of Federal Circuit Court
248N Right to bring an action not assignable
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Division 3—Offences
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Subdivision A—General offences
248P Scope of this Subdivision
248PA Unauthorised direct recording during protection period
248PB Unauthorised indirect recording during protection period
248PC Unauthorised communication to public during 20 year protection period
248PD Playing unauthorised recording publicly during 20 year protection period
248PE Possessing equipment to make or copy unauthorised recording
248PF Copying unauthorised recording
248PG Unauthorised copying of exempt recording
248PH Unauthorised copying of authorised sound recording
248PI Selling etc. unauthorised recording
248PJ Distributing unauthorised recording
248PK Commercial possession or import of unauthorised recording
248PL Exhibiting unauthorised recording in public by way of trade
248PM Importing unauthorised recording for exhibition by way of trade
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Subdivision B—Acts relating to sound recordings of performances given before 1 July 1995
248QA Scope of this Subdivision
248QB Possessing equipment for copying unauthorised sound recording
248QC Copying unauthorised sound recording
248QD Selling etc. unauthorised sound recording
248QE Distributing unauthorised sound recording
248QF Commercial possession or import of unauthorised sound recording
248QG Exhibiting unauthorised sound recording in public by way of trade
248QH Importing unauthorised sound recording for exhibition by way of trade
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Subdivision C—Prosecution and infringement notices
248R Courts in which offences may be prosecuted
248S Protection against multiple proceedings for same act
248SA Infringement notices
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Subdivision D—Destruction or delivery up of unauthorised recordings
248T Destruction or delivery up of unauthorised recordings
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Division 4—Extension of protection to foreign countries
248U Application to foreign countries
248V Denial of protection to citizens of countries not giving adequate protection to Australian performances
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Part XII—Regulations
249 Regulations
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The Schedule
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Australian GovernmentAustralian Government