Commonwealth Consolidated Regulations

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COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS 1969 - REG 25B

Prescribed matters for the purposes of subsection 153C (3) of the Act

         (1)    For the purposes of subsection 153C (3) of the Act the following matters are prescribed:

                (a)     the nature of the works or eligible items other than works copied;

               (b)     the institutions for which the copies are made;

                (c)     any matters that have been assessed by use of a sampling system determined under subsection 135ZW (3) of the Act;

               (d)     the need to ensure adequate incentive for the production of educational works and eligible items other than works in Australia ;

                (e)     the purpose and character of the copying;

                (f)     the effect of the copying on the market for, or value of, the material copied;

                (g)     the special circumstances of external students including any difficulties faced by those students in meeting the requirements of sections 41, 49 or 135ZG of the Act;

                (h)     any unremunerated contribution by institutions to the creation of the material copied.

         (2)    In subregulation (1), external student , in relation to an institution, means a person undertaking a correspondence course or external study course provided by the institution.

Note    In this regulation, eligible item and institution have the same meaning as in Part VB of the Act.



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