Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 44E

             (1)  The copyright in a literary work:

                     (a)  that is a computer program; and

                     (b)  that has been published in Australia or a qualifying country;

is not infringed by a person who:

                     (c)  imports into Australia an article that has embodied in it a non‑infringing copy of the program; or

                     (d)  does an act mentioned in section 38 involving an article that has embodied in it a non‑infringing copy of the program and that has been imported into Australia by anyone.

Note:          Section 130B deals with the burden of proof a defendant bears in a civil action for infringement of copyright.

             (2)  The definition of article in section 38 does not affect this section.