COPYRIGHT ACT 1968 - SECT 248PA Unauthorised direct recording during protection period
COPYRIGHT ACT 1968 - SECT 248PA
Unauthorised direct recording during protection period(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 ).
(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 .