Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 47A

             (1)  The making of a sound broadcast of, or of an adaptation of, a published literary or dramatic work does not constitute an infringement of copyright in the work if:

                     (a)  the broadcast is made by a person being the holder of a print disability radio licence and is made under the licence; and

                     (b)  there is made by or on behalf of the person, as soon as practicable after the making of the broadcast, a record of the making of the broadcast that:

                              (i)  sets out the time and date of the making of the broadcast;

                             (ii)  identifies the work; and

                            (iii)  contains particulars of such other matters in relation to the work or in relation to the broadcast as are prescribed.

             (2)  For the purposes of paragraph (1)(b), a record of the making of a broadcast:

                     (a)  may be made in writing or in any other manner prescribed by the regulations; and

                     (b)  if it is made in writing, shall be in accordance with the form prescribed by the regulations.

             (3)  Where, at any time before the expiration of the prescribed retention period after the making by a person of a sound broadcast of a literary or dramatic work in reliance on subsection (1), a record made for the purposes of paragraph (1)(b) in relation to the making of the sound broadcast is not retained by the person, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.

          (3A)  Subsection (3) is an offence of strict liability.

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

             (4)  It is a defence to a prosecution of a person under subsection (3) in relation to the retention of a record if the person satisfies the court that he or she took all reasonable precautions, and exercised due diligence, to ensure the retention of the record.

             (5)  A person is not liable to be convicted twice of an offence against subsection (3) in relation to the retention of the same record.

             (6)  The owner of the copyright in a literary or dramatic work, or the agent of such an owner, may notify in writing a person who holds or held a print disability radio licence that the owner or agent wishes to inspect:

                     (a)  all the records of the person made by or on behalf of the person for the purposes of paragraph (1)(b); or

                     (b)  such of those records as relate to the works of a specified author;

on a day specified in the notice, being a day (other than a Saturday, Sunday or public holiday) not less than 7 days after the day on which the notice is given.

             (7)  Where a person who receives a notice under subsection (6) does not allow the owner or agent to inspect the records to which the notice relates during business hours on the day specified in the notice, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.

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

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

          (7B)  Subsection (7) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (7B) (see subsection 13.3(3) of the Criminal Code ).

             (8)  Where:

                     (a)  a sound broadcast of, or of an adaptation of, a literary or dramatic work is made by a person (in this subsection referred to as the licence holder ) being the holder of a print disability radio licence;

                     (b)  by virtue of subsection (1), the making of the sound broadcast does not infringe copyright in the work; and

                     (c)  the owner of the copyright in the work makes a request in writing at any time during the prescribed retention period after the making of the sound broadcast for payment for the making of the sound broadcast;

the licence holder shall pay to the owner of the copyright such an amount by way of equitable remuneration for the making of the sound broadcast as is agreed upon between the owner of the copyright and the licence holder or, in default of agreement, as is determined by the Copyright Tribunal on the application of either the owner of the copyright or the licence holder.

             (9)  Where the Copyright Tribunal has under subsection (8) determined the amount of equitable remuneration payable by a person to the owner of the copyright in a work, the owner of the copyright may recover that amount from the person in a court of competent jurisdiction as a debt due to the owner of the copyright.

           (10)  Nothing in this section affects the right of the owner of the copyright in a literary or dramatic work to grant a licence authorising a person being the holder of a print disability radio licence to make sound broadcasts of, or of adaptations of, the work without infringement of that copyright.

           (11)  In this section:

                     (a)  prescribed retention period means the period prescribed by the regulations for the purposes of this paragraph; and

                     (b)  print disability radio licence means a licence in force under the Broadcasting Services Act 1992 or the Radiocommunications Act 1992 , being a licence that was granted for the purpose of authorising the making of sound broadcasts to persons who by reason of old age, disability or literacy problems are unable to handle books or newspapers or to read or comprehend written material.