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COPYRIGHT ACT 1968 - SECT 248PK

Commercial possession or import of unauthorised recording

Indictable offence

             (1)  A person commits an offence if:

                     (a)  the person possesses, or imports into Australia, a recording of a performance, with the intention of doing any of the following:

                              (i)  selling the recording;

                             (ii)  letting the recording for hire;

                            (iii)  by way of trade offering or exposing the recording for sale or hire;

                            (iv)  distributing the recording either for the purpose of trade or to an extent that will affect prejudicially the financial interests of the performer in the performance; and

                     (b)  the possession or import occurs during the protection period of the performance; and

                     (c)  the recording is an unauthorised recording.

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 possesses, or imports into Australia, a recording of a performance, with the intention of doing any of the following:

                              (i)  selling the recording;

                             (ii)  letting the recording for hire;

                            (iii)  by way of trade offering or exposing the recording for sale or hire;

                            (iv)  distributing the recording either for the purpose of trade or to an extent that will affect prejudicially the financial interests of the performer in the performance; and

                     (b)  the possession or import occurs during the protection period of the performance; and

                     (c)  the recording is an unauthorised recording 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 possesses, or imports into Australia, a recording of a performance in preparation for, or in the course of, doing any of the following:

                              (i)  selling the recording;

                             (ii)  letting the recording for hire;

                            (iii)  by way of trade offering or exposing the recording for sale or hire;

                            (iv)  distributing the recording for trade; and

                     (b)  the possession or import occurs during the protection period of the performance; and

                     (c)  the recording is an unauthorised recording.

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 .



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