Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 135ZQ

Making of relevant reproductions and relevant communications by institutions assisting persons with a print disability

             (1)  Subject to this section, the copyright in a published literary or dramatic work is not infringed by the making by, or on behalf of, a body administering an institution assisting persons with a print disability, of a relevant reproduction or a relevant communication of the work, or of a part of the work, if the reproduction or communication is made solely for use in the making by, or on behalf of that body, of a reproduction or communication of the work, or of a part of the work, under section 135ZP for a person with a print disability.

             (2)  If:

                     (a)  a relevant reproduction or a relevant communication of a work, or of a part of a work, is made by, or on behalf of, a body administering an institution assisting persons with a print disability; and

                     (b)  the reproduction or communication is used otherwise than for use in the making by, or on behalf of that body, of a reproduction or communication of the work, or a part of the work, under section 135ZP for a person with a print disability;

subsection (1) does not apply, and is taken to never have applied, to the making of the relevant reproduction or relevant communication.

             (3)  Subsection (1) does not apply to the making of a relevant reproduction, being a record embodying a sound recording in analog form, of a work, or of a part of a work, unless, at the time the record was made, there was embodied on the record, immediately before the beginning of that sound recording, a sound recording of the prescribed message.

             (4)  Subsection (1) does not apply to the making of a relevant reproduction in hardcopy form of a work, or of a part of a work, unless the body by whom, or on whose behalf, the relevant reproduction is made marks it, or causes it to be marked, in accordance with the regulations.

          (4A)  Subsection (1) is to be taken never to have applied to the making of a relevant reproduction or relevant communication of a work, or of a part of a work, if, within 3 months after the relevant reproduction or relevant communication was made, the body by whom, or on whose behalf, the relevant reproduction or relevant communication was made has not given to a collecting society (if any) a notice of the making of the relevant reproduction or relevant communication.

          (4B)  The notice referred to in subsection (4A) must be in writing and must specify:

                     (a)  the name of the body; and

                     (b)  the work, or the part of the work, reproduced or communicated; and

                     (c)  the date on which the reproduction or communication was made.

          (4C)  The copyright in a published literary or dramatic work is infringed by a person who does any of the acts specified in section 38 in relation to a relevant reproduction of a work, or of a part of a work, if the person knows, or ought reasonably to have known, that the reproduction was made solely for use in the making by, or on behalf of, a body administering an institution assisting persons with a print disability of a copy of the work, or of a part of the work, as the case may be, for a person with a print disability.

             (5)  In this section:

"relevant communication " , in relation to a work or part of a work, means:

                     (a)  the communication of a sound recording of the work, or part of the work; or

                     (b)  the communication of an electronic version of the work.

"relevant reproduction " , in relation to a work or part of a work, means:

                     (a)  a reproduction of the work, or part of the work; or

                     (b)  a record embodying a sound recording of the work, or part of the work; or

                     (c)  a Braille version, a large-print version, a photographic version or an electronic version of the work, or part of the work.



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