Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 111B

Temporary copy of subject-matter as part of a technical process of use

             (1)  Subject to subsection (2), the copyright in a subject-matter is not infringed by the making of a temporary copy of the subject-matter if the temporary copy is incidentally made as a necessary part of a technical process of using a copy of the subject-matter.

             (2)  Subsection (1) does not apply to:

                     (a)  the making of a temporary copy of a subject-matter if the temporary copy is made from:

                              (i)  an infringing copy of the subject-matter; or

                             (ii)  a copy of the subject-matter where the copy is made in another country and would be an infringing copy of the subject-matter if the person who made the copy had done so in Australia; or

                     (b)  the making of a temporary copy of a subject-matter as a necessary part of a technical process of using a copy of the subject-matter if that use constitutes an infringement of the copyright in the subject-matter.

             (3)  Subsection (1) does not apply to any subsequent use of a temporary copy of a subject-matter other than as a part of the technical process in which the temporary copy was made.



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