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COPYRIGHT ACT 1968 - SECT 135ZWA

Electronic use notices

             (1)  If an electronic use notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the relevant collecting society by the administering body for licensed copies and licensed communications made by it, or on its behalf, while the notice is in force is an amount (whether an amount per year or otherwise) determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

             (2)  The matters and processes constituting an electronic use system, and any matters that are necessary or convenient to be assessed or taken into account for the purposes of the system, must be determined by agreement between the administering body and the relevant collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

          (2A)  If:

                     (a)  a work is reproduced by, or on behalf of, an administering body, or is taken under this subsection to have been so reproduced; and

                     (b)  the reproduction is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

                     (c)  the reproduction remains so available online for longer than the prescribed period;

then, when that period ends:

                     (d)  the work is taken to have been reproduced again by, or on behalf of, the body; and

                     (e)  the reproduction mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

          (2B)  An electronic use system (whether determined by agreement or by the Copyright Tribunal) must require the assessment of an amount of equitable remuneration by a method or process that takes account of reproductions and communications to which paragraphs (2A)(d) and (e) apply.

          (2C)  Subject to subsection (2B) but without limiting subsection (2), an electronic use system (whether determined by agreement or by the Copyright Tribunal) may be based upon a records system, a sampling system or any other process or system.

          (2D)  For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.

             (3)  If:

                     (a)  an electronic use notice is given by, or on behalf of, an administering body to a collecting society; and

                     (b)  during any period the administering body does not comply with one or more of the requirements of the electronic use system determined under this section in relation to the notice;

sections 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZP and 135ZS do not apply to any reproduction, copy or communication of a work or other subject-matter made during that period by, or on behalf of, the administering body, being a reproduction, copy or communication to which the electronic use notice applies.

             (4)  In this section:

"prescribed period " means the period of 12 months, or if another is agreed between the relevant administering body and collecting society for the purposes of subsection (2A), that other period.



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