Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 36

Infringement by doing acts comprised in the copyright

             (1)  Subject to this Act, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comprised in the copyright.

          (1A)  In determining, for the purposes of subsection (1), whether or not a person has authorised the doing in Australia of any act comprised in the copyright in a work, without the licence of the owner of the copyright, the matters that must be taken into account include the following:

                     (a)  the extent (if any) of the person's power to prevent the doing of the act concerned;

                     (b)  the nature of any relationship existing between the person and the person who did the act concerned;

                     (c)  whether the person took any reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant industry codes of practice.

             (2)  The next three succeeding sections do not affect the generality of this section.



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