Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 38

Infringement by sale and other dealings

             (1)  Subject to Division 3, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, in Australia, and without the licence of the owner of the copyright:

                     (a)  sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or

                     (b)  by way of trade exhibits an article in public;

if the person knew, or ought reasonably to have known, that the making of the article constituted an infringement of the copyright or, in the case of an imported article, would, if the article had been made in Australia by the importer, have constituted such an infringement.

             (2)  For the purposes of the last preceding subsection, the distribution of any articles:

                     (a)  for the purpose of trade; or

                     (b)  for any other purpose to an extent that affects prejudicially the owner of the copyright concerned;

shall be taken to be the sale of those articles.

             (3)  In this section:

"article " includes a reproduction or copy of a work or other subject-matter, being a reproduction or copy in electronic form.



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