Commonwealth Consolidated Acts

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

COPYRIGHT ACT 1968 - SECT 248PA

Unauthorised direct recording during protection period

Indictable offence

             (1)  A person commits an offence if:

                     (a)  the person makes a direct recording of a performance; and

                     (b)  the recording is made during the protection period of the performance; and

                     (c)  the recording is made without the authority of the performer.

Note:          Under section 248CA, the protection period of a performance is:

(a)    a 20-year protection period so far as this section relates to a cinematograph film of the performance; and

(b)    a 50-year protection period so far as this section relates to a sound recording of the performance.

             (2)  An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.

Note:          A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914 ).

Summary offence

             (3)  A person commits an offence if:

                     (a)  the person makes a direct recording of a performance; and

                     (b)  the recording is made during the protection period of the performance; and

                     (c)  the recording is made without the authority of the performer and the person is negligent as to that fact.

Penalty:  120 penalty units or imprisonment for 2 years, or both.

             (4)  An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback