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COPYRIGHT ACT 1968 - SECT 248QE

Distributing unauthorised sound recording

Indictable offences

             (1)  A person commits an offence if:

                     (a)  the person distributes a sound recording of a performance, with the intention of trade; and

                     (b)  the distribution occurs during the 50-year protection period of the performance; and

                     (c)  the recording is an unauthorised recording.

             (2)  A person commits an offence if:

                     (a)  the person distributes a sound recording of a performance; and

                     (b)  the distribution occurs during the 50-year protection period of the performance; and

                     (c)  the distribution will affect prejudicially the financial interests of the performer in the performance; and

                     (d)  the recording is an unauthorised recording.

             (3)  An offence against subsection (1) or (2) 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 offences

             (4)  A person commits an offence if:

                     (a)  the person distributes a sound recording of a performance, with the intention of trade; and

                     (b)  the distribution occurs 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.

             (5)  A person commits an offence if:

                     (a)  the person distributes a sound recording of a performance; and

                     (b)  the distribution occurs during the 50-year protection period of the performance; and

                     (c)  the distribution will affect prejudicially the financial interests of the performer in the performance; and

                     (d)  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.

             (6)  An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914 .

Strict liability offence

             (7)  A person commits an offence if:

                     (a)  the person distributes a sound recording of a performance in preparation for, or in the course of, trade; and

                     (b)  the distribution occurs during the 50-year protection period of the performance; and

                     (c)  the recording is an unauthorised recording.

Penalty:  60 penalty units.

             (9)  Subsection (7) is an offence of strict liability.

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



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