Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COPYRIGHT ACT 1968 - SECT 203H

Notation of certain copies etc.

             (1)  In proceedings against a person or body for infringement of copyright in a work in connection with the making, by or on behalf of an institution, of a reproduction of the work, or of a part of the work, the person or body is not entitled to rely on section 49, 50 or 51A as justification for the making of the reproduction unless, at or about the time the reproduction was made, there was made on the reproduction a notation stating that the reproduction was made on behalf of that institution and specifying the date on which the reproduction was made.

             (2)  In proceedings against a person or body for infringement of copyright in a sound recording or a cinematograph film in connection with the making, by or on behalf of an institution, of a copy of the sound recording or cinematograph film, the person or body is not entitled to rely on section 110B as justification for the making of the copy unless, at or about the time the copy was made, there was made on, or attached to, the copy a notation stating that the copy was made on behalf of that institution and specifying the date on which the copy was made.

             (4)  A person commits an offence if:

                     (a)  the person:

                              (i)  makes a notation described in subsection (1) on a reproduction of a work or part of a work; or

                             (ii)  makes a notation described in subsection (2) on a copy of a sound recording or cinematograph film; or

                            (iii)  attaches a notation described in subsection (2) to a copy of a sound recording or cinematograph film; and

                     (b)  a statement in the notation is false or misleading in a material particular.

Penalty:  5 penalty units.

             (5)  For the purposes of subsections (1) and (2):

                     (a)  if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:

                              (i)  is made, or caused to be made, by an authorized officer of a library; or

                             (ii)  is made by, or on behalf of, the officer in charge of a library;

                            being a library of an institution, the reproduction or copy is taken to have been made on behalf of the institution; and

                     (b)  if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:

                              (i)  is made, or caused to be made, by an authorized officer of a library; or

                             (ii)  is made by, or on behalf of, the officer in charge of a library;

                            being a library that is not a library of an institution:

                            (iii)  the reproduction or copy is taken to have been made on behalf of the person or body administering the library; and

                            (iv)  those subsections apply as if references to an institution were references to that person or body; and

                     (c)  if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:

                              (i)  is made, or caused to be made, by an authorized officer of archives; or

                             (ii)  is made by, or on behalf of, the officer in charge of archives;

                            then:

                            (iii)  the reproduction or copy is taken to have been made by or on behalf of the person or body administering the archives; and

                            (iv)  those subsections apply as if references to an institution were references to that person or body; and

                     (d)  if a reproduction, or a record embodying a sound recording, of the whole or part of a work is made by or on behalf of the body administering an institution, the reproduction or record is taken to have been made on behalf of the institution; and

                     (e)  if a copy of a sound recording or a cinematograph film is made by or on behalf of the body administering an institution, the copy is taken to have been made on behalf of the institution.

             (6)  The production, in any proceedings:

                     (a)  for infringement of copyright in a work; or

                     (c)  for a contravention of a provision of this Act;

of a reproduction of a work, or of a part of a work, bearing a notation or mark of the kind referred to in subsection (1), 135K(1), 135ZY(1), 135ZQ(4) or 135ZT(4) is prima facie evidence of the matters stated in the notation or mark.

             (7)  For the purposes of subsection (6), where a reproduction of a work or a part of a work, bears a notation or mark of a kind referred to in subsection (1), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4) the notation or mark shall, unless the contrary is proved, be deemed to have been made on the reproduction at or about the time the reproduction was made.

          (9A)  The production, in any proceedings:

                     (a)  for infringement of copyright in a sound recording, a cinematograph film or an eligible item; or

                     (c)  for a contravention of this Act;

of a copy of a sound recording or a cinematograph film bearing, or to which there is attached, a notation or mark of the kind referred to in subsection (2), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4), is prima facie evidence of the matters stated in the notation or mark.

          (9B)  For the purposes of subsection (9A), where a copy of a sound recording or a cinematograph film bears, or where there is attached to such a copy, a notation or mark of the kind referred to in subsection (2), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4), the notation or mark shall, unless the contrary is proved, be deemed to have been made on or attached to the copy at or about the time the copy was made.

           (10)  In this section:

"reproduction " , in relation to a work, or part of a work, includes a microform copy, a Braille version, a large print version, or a photographic version of the work, or of the part of the work.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback