Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135E

             (1)  The copyright in a broadcast, or in any work, sound recording or cinematograph film included in a broadcast, is not infringed by the making or communication, by or on behalf of an administering body, of a copy of the broadcast if:

                     (a)  a remuneration notice, given by or on behalf of the administering body to the collecting society, is in force;

                     (b)  where the copy or communication is made by, or on behalf of, a body administering an educational institution--the copy or communication is made solely for the educational purposes of the institution or of another educational institution;

                     (c)  where the copy or communication is made by, or on behalf of, a body administering an institution assisting persons with an intellectual disability--the copy or communication is made solely for the purposes of use in the provision of assistance to persons with an intellectual disability by the institution or by another similar institution; and

                     (d)  the administering body complies with subsection 135K(1) or (3), or section 135KA, as the case requires, in relation to the copy or communication.

          (1A)  For the purposes of Part XIA, each performer of a performance is taken to have authorised an administering body, or a person on behalf of an administering body, to make or communicate a copy of a broadcast of the performance if the following paragraphs are satisfied:

                     (a)  a remuneration notice, given by or on behalf of the administering body to the collecting society, is in force;

                     (b)  if the copy or communication is made by, or on behalf of, a body administering an educational institution--the copy or communication is made solely for the educational purposes of the institution or of another educational institution;

                     (c)  if the copy or communication is made by, or on behalf of, a body administering an institution assisting persons with an intellectual disability--the copy or communication is made solely for the purposes of use in the provision of assistance to persons with an intellectual disability by the institution or by another similar institution;

                     (d)  the administering body complies with subsection 135K(1) or (3), or section 135KA, as the case requires, in relation to the copy or communication.

Note:          The effect of this subsection is that no right of action and no offence occurs in respect of the copy or communication under Part XIA (performers' protection).

             (2)  Where a copy, or communication of a copy, of a broadcast referred to in subsection (1) or (1A):

                     (a)  is used for a purpose other than a purpose referred to in paragraph (1)(b) or (c) or (1A)(b) or (c);

                     (b)  is made, sold or otherwise supplied for a financial profit; or

                     (c)  is given to an administering body when there is not in force a remuneration notice given by that body to the collecting society;

with the consent of the administering body by whom, or on whose behalf, it is made, subsection (1) or (1A) does not apply, and shall be taken never to have applied, to the making of the copy or communication.