Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Communication in the course of educational instruction
1 Subsection 28(2)
Omit "the last preceding subsection", substitute "this section".
1A Subsection 28(3)
Omit "subsection (1)", substitute "this section".
1B At the end of section 28
Add:
(5) A communication of a literary, dramatic or musical work, a sound recording or a cinematograph film is taken for the purposes of this Act not to be a communication to the public if the communication is made merely to facilitate:
(a) a performance of the work that, because of this section, is not a performance in public; or
(b) an act of causing sounds forming part of the recording to be heard that, because of this section, is not an act of causing the sound recording to be heard in public; or
(c) an act of causing visual images or sounds forming part of the cinematograph film to be seen or heard that, because of this section, is not an act of causing the film to be seen or heard in public.
(6) A communication of a television broadcast or sound broadcast is taken for the purposes of this Act not to be a communication of the broadcast, or of a work or other subject‑matter included in the broadcast, to the public if:
(a) the communication is made merely to facilitate the television broadcast being seen and heard, or the sound broadcast being heard, in class or otherwise in the presence of an audience, in the course of educational instruction that:
(i) is given by a teacher; and
(ii) is not given for profit; and
(b) the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.
(7) A communication of an artistic work is taken for the purposes of this Act not to be a communication of the work to the public if:
(a) the communication is made merely to facilitate the work being seen in class or otherwise in the presence of an audience, in the course of educational instruction that:
(i) is given by a teacher; and
(ii) is not given for profit; and
(b) the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.
Note: The heading to section 28 is altered by inserting " and communication " after " Performance ".
Part 2 -- Educational copying of communications of free‑to‑air broadcasts
2 Subsection 10(1)
Insert:
"free-to-air broadcast" means a broadcast delivered by a national broadcasting service, commercial broadcasting service or community broadcasting service within the meaning of the Broadcasting Services Act 1992 .
3 After section 135B
Insert:
135C Extended operation of this Part
This Part, and the rest of this Act so far as it relates to this Part or to a provision of this Part, apply in relation to a communication of the content of a free‑to‑air broadcast, by the broadcaster making the content available online at or after the time of the broadcast, in the same way as they apply in relation to the broadcast.
Division 2--Consequential amendments
4 Subsection 98(7) (definition of free‑to‑air broadcast )
Repeal the definition.
5 Section 135ZZI (definition of free‑to‑air broadcast )
Repeal the definition.
6 Subsection 153M(5)
Omit ", free‑to‑air broadcast ".
Part 3 -- Insubstantial parts of works in electronic form
7 Subsection 135ZMB(2)
Repeal the subsection, substitute:
No exception for more than 2 pages or 1% of the number of pages
(1A) Subsection (1) does not apply to the reproduction or communication if all the following circumstances exist:
(a) the published electronic form of the literary or dramatic work from which the reproduction or communication is made contains pages whose content is unlikely to change regardless of the system used to view, reproduce or communicate them;
(b) the reproduction or communication is of more than 2 of those pages without altering any of their content (in terms of the work);
(c) there are more than 200 pages in that form of the work;
(d) the number of pages reproduced or communicated exceeds 1% of the number of pages in that form of the work.
No exception for more than 1% of words if work is not paginated
(2) Subsection (1) does not apply to the reproduction or communication if both the following circumstances exist:
(a) the circumstance in paragraph (1A)(a) does not exist;
(b) the reproduction or communication is of more than 1% of the number of words in the work.
Note 1: The following heading to subsection 135ZMB(1) is inserted " Exception from infringement ".
Note 2: The following heading to subsection 135ZMB(3) is inserted " No exception for dealing with another part within 14 days ".
Note 3: The following heading to subsection 135ZMB(4) is inserted " No exception for putting another part online at same time ".
8 At the end of section 135ZMB
Add:
Non‑continuous passages are different parts
(5) For the purposes of this section, passages from the work that are not continuous are all different parts of the work.
(6) Subsection (5) does not affect by implication the meaning of a reference outside this section to a part of a work.
Part 4 -- Electronic anthologies
9 After section 135ZMD
Insert:
Reproduction or communication of all or part of a literary or dramatic work does not infringe copyright in the work if:
(a) the work is contained in an anthology published in electronic form; and
(b) the published electronic form of the anthology from which the reproduction or communication is made contains pages whose content is unlikely to change regardless of the system used to view, reproduce or communicate them; and
(c) the work occupies not more than 15 of those pages; and
(d) the reproduction or communication is made by or on behalf of a body administering an educational institution; and
(e) a remuneration notice given by or on behalf of the body to the relevant collecting society is in force; and
(f) the reproduction or communication is made solely for the educational purposes of the institution or of another educational institution; and
(g) the body complies with subsection 135ZX(1) or (3) or section 135ZXA in relation to each reproduction or communication.
Part 5 -- Active caching for educational purposes
10 After section 200
Insert:
200AAA Proxy web caching by educational institutions
(1) This section applies if:
(a) a computer system is operated by or on behalf of a body administering an educational institution; and
(b) the system is operated primarily to enable staff and students of the institution to use the system to gain online access for educational purposes to works and other subject‑matter (whether they are made available online using the Internet or merely the system); and
(c) the system automatically makes:
(i) temporary electronic reproductions of works made available online through the system to users of the system in response to action by the users; and
(ii) temporary electronic copies of other subject‑matter made available online through the system to users of the system in response to action by the users; and
(d) those reproductions and copies are made by the system merely to facilitate efficient later access to the works and other subject‑matter by users of the system.
(2) Copyright in a work or other subject‑matter reproduced or copied by the system as described in paragraphs (1)(c) and (d) is not infringed by:
(a) that reproduction or copying; or
(b) the later communication of the work or other subject‑matter, using that reproduction or copy, to a user of the system.
(3) This section does not limit section 28, 43A, 43B, 111A or 111B.
(4) Disregard this section in determining whether copyright in a work or other subject‑matter is infringed by an act that:
(a) involves a system like one described in subsection (1) except that the system is not operated as described in paragraphs (1)(a) and (b); and
(b) corresponds to an act described in paragraph (2)(a) or (b).
(5) In this section:
"system" includes network.