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COPYRIGHT ACT 1968 - SECT 248QD

Selling etc. unauthorised sound recording

Indictable offence

             (1)  A person commits an offence if:

                     (a)  the person does any of the following acts:

                              (i)  sells a sound recording of a performance;

                             (ii)  lets for hire a sound recording of a performance;

                            (iii)  by way of trade offers or exposes for sale or hire a sound recording of a performance; and

                     (b)  the act is done during the 50-year protection period of the performance; and

                     (c)  the recording is an unauthorised recording.

             (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 does any of the following acts:

                              (i)  sells a sound recording of a performance;

                             (ii)  lets for hire a sound recording of a performance;

                            (iii)  by way of trade offers or exposes for sale or hire a sound recording of a performance; and

                     (b)  the act is done during the 50-year 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 does any of the following acts:

                              (i)  sells a sound recording of a performance;

                             (ii)  lets for hire a sound recording of a performance;

                            (iii)  by way of trade offers or exposes for sale or hire a sound recording of a performance; and

                     (b)  the act is done during the 50-year 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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