Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 200AAA

Proxy web caching by educational institutions

             (1)  This section applies if:

                     (a)  a computer system is operated by or on behalf of a body administering an educational institution; and

                     (b)  the system is operated primarily to enable staff and students of the institution to use the system to gain online access for educational purposes to works and other subject-matter (whether they are made available online using the internet or merely the system); and

                     (c)  the system automatically makes:

                              (i)  temporary electronic reproductions of works made available online through the system to users of the system in response to action by the users; and

                             (ii)  temporary electronic copies of other subject-matter made available online through the system to users of the system in response to action by the users; and

                     (d)  those reproductions and copies are made by the system merely to facilitate efficient later access to the works and other subject-matter by users of the system.

             (2)  Copyright in a work or other subject-matter reproduced or copied by the system as described in paragraphs (1)(c) and (d) is not infringed by:

                     (a)  that reproduction or copying; or

                     (b)  the later communication of the work or other subject-matter, using that reproduction or copy, to a user of the system.

             (3)  This section does not limit section 28, 43A, 43B, 111A or 111B.

             (4)  Disregard this section in determining whether copyright in a work or other subject-matter is infringed by an act that:

                     (a)  involves a system like one described in subsection (1) except that the system is not operated as described in paragraphs (1)(a) and (b); and

                     (b)  corresponds to an act described in paragraph (2)(a) or (b).

             (5)  In this section:

"system " includes network.



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