Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1986 No. 78 of 1986 - SECT 34

34. Section 203H of the Principal Act is amended-

   (a)  by inserting after sub-section (1) the following sub-section:

"(2) In proceedings against a person or body for infringement of copyright in
a sound recording, a cinematograph film or an eligible item in connection with
the making, by or on behalf of an institution, of a copy of the sound
recording, cinematograph film or eligible item, or a part of the eligible
item, the person or body is not entitled to rely on section 110B or 200A as
justification for the making of the copy unless, at or about the time the copy
was made, there was made on, or attached to, the copy a notation-

   (a)  stating that the copy was made on behalf of that institution and
        setting out the date on which the copy was made; and

   (b)  in the case of a copy that was made in reliance on sub-section 200A
        (7)-stating that the copy was made in reliance on that sub-section.";

   (b)  by omitting from paragraph (4) (a) "or" (last occurring);

   (c)  by inserting after paragraph (4) (a) the following paragraph:

"(aa) makes on, or attaches to, a copy of a sound recording, a cinematograph
film or an eligible item, or of a part of an eligible item, a notation of the
kind referred to in sub-section (2); or";
(d) by inserting in sub-section (5) "(2)," after "sub-sections (1),";

   (e)  by omitting from paragraphs (5) (a), (b) and (c) "where a copy of a
        work, or of a part of a work" and substituting "where a copy of a
        work, a sound recording, a cinematograph film or an eligible item, or
        of a part of a work or an eligible item";

   (f)  by omitting from paragraph (5) (c) "and" (last occurring);

   (g)  by adding at the end of sub-section (5) the following word and
        paragraph:

"; and (e) where a copy of a sound recording, a cinematograph film or an
eligible item, or of a part of an eligible item, is made by or on behalf of
the body administering an institution, the copy shall be deemed to have been
made on behalf of the institution."; and

   (h)  by inserting after sub-section (9) the following sub-sections:

"(9A) The production, in any proceedings-

   (a)  for infringement of copyright in a sound recording, a cinematograph
        film or an eligible item;

   (b)  before the Copyright Tribunal on application made under sub-section
        200A (5); or

   (c)  for a contravention of this Act,
of a copy of a sound recording, a cinematograph film or an eligible item, or
of a part of an eligible item, bearing, or to which there is attached, a
notation of the kind referred to in sub-section (2), is prima facie evidence
of the matters stated in the notation.

"(9B) For the purposes of sub-section (9A), where a copy of a sound recording,
a cinematograph film or an eligible item, or of a part of an eligible item,
bears, or where there is attached to such a copy, a notation of the kind
referred to in sub-section (2), the notation shall, unless the contrary is
proved, be deemed to have been made on or attached to the copy at or about the
time the copy was made.".