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COPYRIGHT ACT 1968 - SECT 248PB

Unauthorised indirect recording during protection period

Indictable offence

             (1)  A person commits an offence if:

                     (a)  the person makes an indirect 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 an indirect 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 .

Strict liability offence

             (5)  A person commits an offence if:

                     (a)  the person makes an indirect 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.

Penalty:  60 penalty units.

             (6)  Subsection (5) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

Defence

             (7)  Subsection (1), (3) or (5) does not apply if the recording was made solely for the person's private and domestic use.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code ).



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