Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 110AA

Copying cinematograph film in different format for private use

             (1)  This section applies if:

                     (a)  the owner of videotape embodying a cinematograph film in analog form makes a copy (the main copy ) of the film in electronic form for his or her private and domestic use instead of the videotape; and

                     (b)  the videotape itself is not an infringing copy of the film or of a broadcast, sound recording, work or published edition of a work; and

                     (c)  at the time the owner makes the main copy, he or she has not made, and is not making, another copy that embodies the film in an electronic form substantially identical to the electronic form in which the film is embodied in the main copy.

For this purpose, disregard a temporary copy of the film incidentally made as a necessary part of the technical process of making the main copy.

             (2)  The making of the main copy is not an infringement of copyright in the cinematograph film or in a work or other subject-matter included in the film.

Dealing with main copy may make it an infringing copy

             (3)  Subsection (2) is taken never to have applied if the main 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.

Note:          If the main copy is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the main copy but also by the dealing with the main copy.

             (4)  To avoid doubt, paragraph (3)(d) does not apply to a loan of the main copy by the lender to a member of the lender's family or household for the member's private and domestic use.

Disposal of videotape may make the main copy an infringing copy

             (5)  Subsection (2) is taken never to have applied if the owner of the videotape disposes of it to another person.

Status of temporary copy

             (6)  If subsection (2) applies to the making of the main copy only as a result of disregarding the incidental making of a temporary copy of the film as a necessary part of the technical process of making the main copy, then:

                     (a)  if the temporary copy is destroyed at the first practicable time during or after the making of the main copy--the making of the temporary copy does not infringe copyright in the film or in any work or other subject-matter included in the film; or

                     (b)  if the temporary copy is not destroyed at that time--the making of the temporary copy is taken always to have infringed copyright (if any) subsisting in the film and in any work or other subject-matter included in the film.



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