Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 135ZMB

Multiple reproduction and communication of insubstantial parts of works that are in electronic form

Exception from infringement

             (1)  Subject to this section, copyright in a published literary or dramatic work is not infringed by:

                     (a)  the making of one or more reproductions of a part of the work; or

                     (b)  communicating a part of the work;

if the reproduction or communication is carried out on the premises of an educational institution for the purposes of a course of study provided by it.

No exception for more than 2 pages or 1% of the number of pages

          (1A)  Subsection (1) does not apply to the reproduction or communication if all the following circumstances exist:

                     (a)  the published electronic form of the literary or dramatic work from which the reproduction or communication is made contains pages whose content is unlikely to change regardless of the system used to view, reproduce or communicate them;

                     (b)  the reproduction or communication is of more than 2 of those pages without altering any of their content (in terms of the work);

                     (c)  there are more than 200 pages in that form of the work;

                     (d)  the number of pages reproduced or communicated exceeds 1% of the number of pages in that form of the work.

No exception for more than 1% of words if work is not paginated

             (2)  Subsection (1) does not apply to the reproduction or communication if both the following circumstances exist:

                     (a)  the circumstance in paragraph (1A)(a) does not exist;

                     (b)  the reproduction or communication is of more than 1% of the number of words in the work.

No exception for dealing with another part within 14 days

             (3)  If:

                     (a)  a person makes, or causes to be made, a reproduction of a part of a work or communicates a part of a work; and

                     (b)  subsection (1) applies to the making of the reproduction or to the communication;

that subsection does not apply to the making by, or on behalf of, that person of a reproduction or to the communication by that person, of any other part of that work within 14 days after the day on which the previous reproduction or the first communication of the work was made.

No exception for putting another part online at same time

             (4)  If:

                     (a)  a person communicates a part of a work by making the part available online; and

                     (b)  subsection (1) applies to the communication;

that subsection does not apply to the making available online by that person of any other part of that work while the part previously made available online continues to be so available.

Non-continuous passages are different parts

             (5)  For the purposes of this section, passages from the work that are not continuous are all different parts of the work.

             (6)  Subsection (5) does not affect by implication the meaning of a reference outside this section to a part of a work.



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