Commonwealth Numbered Acts

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COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) ACT 1994 No. 149 of 1994 - SECT 15

Other offences in relation to performances
15. Section 248Q of the Principal Act is amended by omitting subsections (4)
and (5) and substituting:

"(4) A person must not, at any time during the protection period of a
performance:

   (a)  sell, let for hire, or by way of trade offer or expose for sale or
        hire a recording of the performance; or

   (b)  distribute a recording of the performance for the purpose of trade, or
        for any other purpose to an extent that will affect prejudicially the
        financial interests of the performer or performers in the performance;
        or

   (c)  have in his or her possession a recording of the performance for the
        purpose of:

        (i)    selling it, letting it for hire, or by way of trade offering or
               exposing it for sale or hire; or

        (ii)   distributing it for the purpose of trade, or for any other
               purpose to an extent that will affect prejudicially the
               financial interests of the performer or performers in the
               performance; or

   (d)  import a recording of the performance into Australia for the purpose
        of:

        (i)    selling it, letting it for hire, or by way of trade offering or
               exposing it for sale or hire; or

        (ii)   distributing it for the purpose of trade, or for any other
               purpose to an extent that will affect prejudicially the
               financial interests of the performer or performers in the
               performance; if the person knows, or ought reasonably to know,
               that the recording is an unauthorised recording.". 


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