Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 of a preview copy of the broadcast.
(1A) For the purposes of Part XIA, each performer of a performance is taken to have authorised the making of a preview copy of a broadcast of the performance.
Note: The effect of this subsection is that no right of action and no offence occurs in respect of the preview copy under Part XIA (performers' protection).
(2) A copy of a broadcast is a preview copy if:
(a) the copy is made by, or on behalf of, an administering body;
(b) a remuneration notice, given by, or on behalf of, the administering body to the collecting society, is in force; and
(c) the copy is made and used solely for the purpose of enabling that body to decide whether or not the copy should be retained for the educational purposes of the institution administered by it, or for use in the provision of assistance to persons with an intellectual disability by the institution administered by it, as the case may be.
(3) Subject to this section, a preview copy shall be destroyed within 14 days after the day on which it was made (in this section called the preview period ).
(4) A preview copy may be retained after the end of the preview period if:
(a) where the relevant institution is an educational
institution--the
copy is retained solely for the educational purposes of the institution; or
(b) where the relevant institution is an institution assisting persons with an intellectual disability--the copy is retained solely for the purpose of use in the provision of assistance to such persons by the institution.
(5) Where a preview copy is retained under subsection (4), subsection 135E(1) or (1A) applies in relation to the copy after the end of the preview period as if the copy had been made solely for a purpose referred to in paragraph 135E(1)(b) or (c) or (1A)(b) or (c), as the case requires.
(6) Where a preview copy is neither destroyed within the preview period nor retained under subsection (4), subsections (1) and (1A) do not apply, and shall be taken never to have applied, to the making of the copy.
(7) The copyright in a broadcast, or in any work, sound recording or cinematograph film included in a broadcast, is not infringed by the communication of a preview copy of the broadcast if:
(a) the communication is made solely to enable an administering body to decide whether or not that copy should be retained:
(i) for the educational purposes of the institution administered by it; or
(ii) for use in the provision of assistance to persons with an intellectual disability by the institution administered by it; and
(b) the communication is made only to the extent necessary for the purpose mentioned in paragraph (a); and
(c) the communication is made within the preview period.
(8) For the purposes of Part XIA, each performer in a performance is taken to have authorised a communication of a preview copy of a broadcast of the performance if:
(a) the communication is made solely to enable an administering body to decide whether or not that copy should be retained:
(i) for the educational purposes of the institution administered by it; or
(ii) for use in the provision of assistance to persons with an intellectual disability by the institution administered by it; and
(b) the communication is made only to the extent necessary for the purpose mentioned in paragraph (a); and
(c) the communication is made within the preview period.
Note: The effect of this subsection is that no right of action and no offence occurs in respect of the communication of the preview copy under Part XIA (performers' protection).
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