Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) the owner of a copy (the earlier copy ) of a sound recording makes another copy (the later copy ) of the sound recording using the earlier copy; and
(b) the sole purpose of making the later copy is the owner's private and domestic use of the later copy with a device that:
(i) is a device that can be used to cause sound recordings to be heard; and
(ii) he or she owns; and
(c) the earlier copy was not made by downloading over the Internet a digital recording of a radio broadcast or similar program; and
(d) the earlier copy is not an infringing copy of the sound recording, a broadcast or a literary, dramatic or musical work included in the sound recording.
(2) The making of the later copy does not infringe copyright in the sound recording, or in a literary, dramatic or musical work or other subject‑matter included in the sound recording.
(3) Subsection (2) is taken never to have applied if the earlier copy or the later copy is:
(a) sold; or
(b) let for hire; or
(c) by way of trade offered or exposed for sale or hire; or
(d) distributed for the purpose of trade or otherwise; or
(e) used for causing the sound recording to be heard in public; or
(f) used for broadcasting the sound recording.
Note: If the earlier or later copy is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the later copy but also by a dealing with the later copy.
(4) To avoid doubt, paragraph (3)(d) does not apply to a loan of the earlier copy or the later copy by the lender to a member of the lender's family or household for the member's private and domestic use.
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