in the case of a literary, dramatic or musical work, to do all or any of the following acts:

to reproduce the work in a material form;

to publish the work;

to perform the work in public;

to communicate the work to the public;

to make an adaptation of the work;

to do, in relation to a work that is an adaptation of the first-mentioned work, any of the acts specified in relation to the first-mentioned work in subparagraphs (i) to (iv), inclusive; and

in the case of an artistic work, to do all or any of the following acts:

to reproduce the work in a material form;

to publish the work;

to communicate the work to the public; and

in the case of a literary work (other than a computer program) or a musical or dramatic work, to enter into a commercial rental arrangement in respect of the work reproduced in a sound recording; and

in the case of a computer program, to enter into a commercial rental arrangement in respect of the program.

(a) the copy of the sound recording concerned was purchased by a person (the record owner) before the commencement of Part 2 of the Copyright (World Trade Organization Amendments) Act 1994; and

the commercial rental arrangement is entered into in the ordinary course of a business conducted by the record owner; and

the record owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements of the same kind, when the copy was purchased.

(a) the copy of the computer program was purchased by a person (the program owner) before the commencement of Part 2 of the Copyright (World Trade Organization Amendments) Act 1994; and

the commercial rental arrangement is entered into in the ordinary course of a business conducted by the program owner; and

the program owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of computer programs, when the copy was purchased.

was a qualified person at the time when the work was made; or

if the making of the work extended over a period—was a qualified person for a substantial part of that period.

copyright subsists in the work; or

if copyright in the work subsisted immediately before its first publication—copyright continues to subsist in the work;

if, but only if:

the first publication of the work took place in Australia;

the author of the work was a qualified person at the time when the work was first published; or

the author died before that time but was a qualified person immediately before his or her death.

an original artistic work that is a building situated in Australia; or

an original artistic work that is attached to, or forms part of, such a building.

is made by the author under the terms of his or her employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship; and

is so made for the purpose of inclusion in a newspaper, magazine or similar periodical;

the following paragraphs apply:

the author is the owner of the copyright only in so far as the copyright relates to:

reproduction of the work for the purpose of inclusion in a book; or

reproduction of the work in the form of a hard copy facsimile (other than a hard copy facsimile made as part of a process of transmission) made from a paper edition of, or from another hard copy facsimile made from a paper edition of, an issue of the newspaper, magazine or similar periodical, but not including reproduction by the proprietor for a purpose connected with the publication of the newspaper, magazine or similar periodical;

except as provided by paragraph (c), the proprietor is the owner of the copyright.

a person makes, for valuable consideration, an agreement with another person for the taking of a photograph for a private or domestic purpose, the painting or drawing of a portrait or the making of an engraving by the other person; and

the work is made in pursuance of the agreement;

the first-mentioned person is the owner of any copyright subsisting in the work by virtue of this Part, but, if at the time the agreement was made that person made known, expressly or by implication, to the author of the work the purpose for which the work was required, the author is entitled to restrain the doing, otherwise than for that purpose, of any act comprised in the copyright in the work.

the extent (if any) of the person’s power to prevent the doing of the act concerned;

the nature of any relationship existing between the person and the person who did the act concerned;

whether the person took any reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant industry codes of practice.

selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;

distributing the article:

for the purpose of trade; or

for any other purpose to an extent that will affect prejudicially the owner of the copyright; or

by way of trade exhibiting the article in public;

if the importer knew, or ought reasonably to have known, that the making of the article would, if the article had been made in Australia by the importer, have constituted an infringement of the copyright.

sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or

by way of trade exhibits an article in public;

if the person knew, or ought reasonably to have known, that the making of the article constituted an infringement of the copyright or, in the case of an imported article, would, if the article had been made in Australia by the importer, have constituted such an infringement.

for the purpose of trade; or

for any other purpose to an extent that affects prejudicially the owner of the copyright concerned;

shall be taken to be the sale of those articles.

that he or she was not aware, and had no reasonable grounds for suspecting, that the performance would be an infringement of the copyright; or

that he or she gave the permission gratuitously, or for a consideration that was only nominal or, if more than nominal, did not exceed a reasonable estimate of the expenses to be incurred by him or her by reason of the use of the place for the performance.

the purpose and character of the dealing;

the nature of the work or adaptation;

the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price;

the effect of the dealing upon the potential market for, or value of, the work or adaptation; and

in a case where part only of the work or adaptation is reproduced—the amount and substantiality of the part copied taken in relation to the whole work or adaptation.

a person makes a reproduction of a part of a published literary or dramatic work or published adaptation of a literary or dramatic work; and

the reproduction is of not more than a reasonable portion (as defined in subsection (5)) of the work or adaptation;

subsection (5) does not apply in relation to any subsequent reproduction made by the person of any other part of the same work or adaptation.

it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the work is made; or

it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film.

a legal practitioner; or

(b) a person registered as a patent attorney under the Patents Act 1990; or

(c) a person registered as a trade marks attorney under the Trade Marks Act 1995.

the making of a temporary reproduction of a work if the reproduction is made from:

an infringing copy of the work; or

a copy of the work where the copy is made in another country and would be an infringing copy of the work if the person who made the copy had done so in Australia; or

the making of a temporary reproduction of a work as a necessary part of a technical process of using a copy of the work if that use constitutes an infringement of the copyright in the work.

(a) the owner of a book, newspaper or periodical publication makes from it a reproduction (the main copy) of a work contained in the book, newspaper or periodical publication; and

the main copy is made for his or her private and domestic use instead of the work as contained in the book, newspaper or periodical publication; and

the main copy embodies the work in a form different from the form in which the work is embodied in the book, newspaper or periodical publication; and

the book, newspaper or periodical publication itself is not an infringing copy of either the work or a published edition of the work; and

at the time the owner makes the main copy, he or she has not made, and is not making, another copy that embodies the work in a form substantially identical to the form of the main copy.

For this purpose, disregard a temporary reproduction of the work incidentally made as a necessary part of the technical process of making the main copy.

sold; or

let for hire; or

by way of trade offered or exposed for sale or hire; or

distributed for the purpose of trade or otherwise.

if the temporary reproduction is destroyed at the first practicable time during or after the making of the main copy—the making of the temporary reproduction does not infringe copyright in the work or a published edition of the work; or

if the temporary reproduction is not destroyed at that time—the making of the temporary reproduction is taken always to have infringed copyright (if any) subsisting in the work and the published edition of the work from which the main copy was made.

the collection is described in an appropriate place in the book, on the label of each record embodying the recording or of its container, or in the film, as being intended for use by places of education;

the work or adaptation was not published for the purpose of being used by places of education;

the collection consists principally of matter in which copyright does not subsist; and

a sufficient acknowledgement of the work or adaptation is made.

an overseas work first published before the commencing day; or

a work first published in Australia, whether before, on or after the commencing day;

is not infringed by a person who, without the licence of the owner of the copyright, imports a copy (in this subsection called the imported copy) of a hardback or paperback version of a non-infringing book into Australia for a purpose mentioned in paragraph 37(1)(a), (b) or (c) if:

the person had ordered in writing from the copyright owner, or the owner’s licensee or agent, one or more copies of that version of the book (not being second-hand copies or more copies than were needed to satisfy the person’s reasonable requirements); and

when the person ordered the imported copy, the original order mentioned in paragraph (c) had not been withdrawn or cancelled by, or with the consent of, the person and:

at least 7 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not notified the person in writing that the original order would be filled within 90 days after it was placed; or

at least 90 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not filled the order.

in the case of a written order, the order contains a statement, signed by the customer; or

in the case of a telephone order, the customer makes a verifiable statement;

to the effect that the customer does not intend to use the book for a purpose mentioned in paragraph 37(1)(a), (b) or (c).

the importation is for the purpose of filling a written order, or a verifiable telephone order, placed with the person by or on behalf of a library, other than a library conducted for the profit (direct or indirect) of a person or organisation; and

in the case of a written order—the order contains a statement, signed by the person placing the order, to the effect that the library does not intend to use any of the books for a purpose mentioned in paragraph 37(1)(a), (b) or (c); and

in the case of a telephone order—the person placing the order makes a verifiable statement to the effect referred to in paragraph (b); and

the number of copies so imported is not more than the number of copies so ordered.

a book is imported into Australia for a purpose mentioned in paragraph 37(1)(a), (b) or (c); and

the importation does not, under this section, constitute an infringement of copyright in a published work;

the use of the book for any such purpose does not constitute an infringement of the copyright in the work and subsection 38(1) does not apply to the book.

a book whose main content is one or more musical works, with or without any related literary, dramatic or artistic work; or

a manual sold with computer software for use in connection with that software; or

a periodical publication.

commencing day means the day on which the Copyright Amendment Act 1991 commences.

overseas work means a work:

that was first published in a country other than Australia; and

that was not published in Australia within 30 days after its first publication in that other country.

(a) an act that is done under that Act and that is in respect of product information in relation to:

restricted medicine; or

medicine in respect of which the applicant for the registration of that medicine under that Act has been given a notice of the kind referred to in subparagraph 25(1)(da)(ii) of that Act; or

medicine in respect of which subsection 25AA(2) or (3) of that Act applies;

an act that is ancillary or incidental to an act referred to in paragraph (a).

(a) supplying, in Australia, some or all of any product information that is approved under that section in relation to medicine;

reproducing, in Australia, some or all of the information referred to in paragraph (a);

publishing, in Australia, some or all of the information referred to in paragraph (a);

communicating, in Australia, some or all of the information referred to in paragraph (a);

adapting, in Australia, some or all of the information referred to in paragraph (a);

to the extent that the supply, reproduction, publication, communication or adaptation is for a purpose related to the safe and effective use of the medicine referred to in paragraph (a).

the act is done, or authorised to be done:

(i) for a purpose for which the collection, use or disclosure of health information is required or authorised under the My Health Records Act 2012; or

(ii) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the Privacy Act 1988 (serious threat to life, health or safety), or would exist if the act were done, or authorised to be done, by an entity that is an APP entity for the purposes of that Act; or

(iii) in circumstances in which a permitted health situation exists under Privacy Act 1988, or would exist if the act were done, or authorised to be done, by an entity that is an organisation for the purposes of that Act; orsection 16B of the

for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations; and

either:

the work is substantially comprised of health information; or

the work allows for the storage, retrieval or use of health information and it is reasonably necessary to do the act, or authorise it to be done, in circumstances that would otherwise infringe copyright in the work.

imports into Australia a non-infringing copy of a sound recording of the work; or

does an act described in section 38 involving an article that is a non-infringing copy of a sound recording of the work and has been imported into Australia by anyone.

in Australia; or

(b) in another country (the publication country) by or with the consent of:

the owner of the copyright or related right in the sound recording in the publication country; or

(ii) the owner of the copyright or related right in the sound recording in the country (the original recording country) in which the sound recording was made, if the law of the publication country did not provide for copyright or a related right in sound recordings when publication occurred; or

the maker of the sound recording, if neither the law of the publication country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when publication occurred.

that is a computer program; and

that has been published in Australia or a qualifying country;

is not infringed by a person who:

imports into Australia an article that has embodied in it a non-infringing copy of the program; or

does an act mentioned in section 38 involving an article that has embodied in it a non-infringing copy of the program and that has been imported into Australia by anyone.

that is, or is part of, an electronic literary or music item; and

that has been published in Australia or a qualifying country;

is not infringed by a person who:

imports into Australia an article that has embodied in it a non-infringing copy of the electronic literary or music item; or

does an act mentioned in section 38 involving an article that has embodied in it a non-infringing copy of the electronic literary or music item and that has been imported into Australia by anyone.

the broadcasting of the work or adaptation in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or

the making of further records embodying the recording or further copies of the film for the purpose of the broadcasting of the work or adaptation in such circumstances.

the simulcasting of the work or adaptation in circumstances that do not for any reason constitute an infringement of the copyright in the work; or

the making of further records embodying the recording or further copies of the film for the purpose of simulcasting the work or adaptation in such circumstances.

the reproduction is incidentally and automatically made as part of the technical process of running a copy of the program for the purposes for which the program was designed; and

the running of the copy is done by, or on behalf of, the owner or licensee of the copy.

from an infringing copy of the computer program; or

contrary to an express direction or licence given by, or on behalf of, the owner of the copyright in the computer program to the owner or licensee of the copy from which the reproduction is made when the owner or licensee of that copy acquired it.

the reproduction is incidentally and automatically made as part of the technical process of running a copy of the program for the purpose of studying the ideas behind the program and the way in which it functions; and

the running of the copy is done by, or on behalf of, the owner or licensee of the copy.

(a) the reproduction is made by, or on behalf of, the owner or licensee of the copy (the original copy) from which the reproduction is made; and

the reproduction is made for use only by, or on behalf of, the owner or licensee of the original copy; and

the reproduction is made for any of the following purposes:

to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy and to store the original copy;

to enable the owner or licensee of the original copy to store the reproduction for use in lieu of the original copy if the original copy is lost, destroyed or rendered unusable;

to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy, or of another reproduction made under this subsection, if the original copy, or the other reproduction, is lost, destroyed or rendered unusable.

(a) the reproduction is made by, or on behalf of, the owner or licensee of the copy (the original copy) from which the reproduction is made; and

the making of the reproduction is part of the normal back-up copying of data for security purposes.

from an infringing copy of the computer program; or

if the owner of the copyright in the computer program has so designed the program that copies of it cannot be made without modifying the program; or

if a licence to use the original copy, given by, or on behalf of, the owner of the copyright in the computer program to the owner of the original copy when the owner of that copy acquired it, has expired or been terminated.

(a) the reproduction or adaptation is made by, or on behalf of, the owner or licensee of the copy of the program (the original program) used for making the reproduction or adaptation; and

(b) the reproduction or adaptation is made for the purpose of obtaining information necessary to enable the owner or licensee, or a person acting on behalf of the owner or licensee, to make independently another program (the new program), or an article, to connect to and be used together with, or otherwise to interoperate with, the original program or any other program; and

the reproduction or adaptation is made only to the extent reasonably necessary to obtain the information referred to in paragraph (b); and

to the extent that the new program reproduces or adapts the original program, it does so only to the extent necessary to enable the new program to connect to and be used together with, or otherwise to interoperate with, the original program or the other program; and

the information referred to in paragraph (b) is not readily available to the owner or licensee from another source when the reproduction or adaptation is made.

(a) the reproduction or adaptation is made by, or on behalf of, the owner or licensee of the copy of the program (the original copy) used for making the reproduction or adaptation; and

the reproduction or adaptation is made for the purpose of correcting an error in the original copy that prevents it from operating (including in conjunction with other programs or with hardware):

as intended by its author; or

in accordance with any specifications or other documentation supplied with the original copy; and

the reproduction or adaptation is made only to the extent reasonably necessary to correct the error referred to in paragraph (b); and

when the reproduction or adaptation is made, another copy of the program that does operate as mentioned in paragraph (b) is not available to the owner or licensee within a reasonable time at an ordinary commercial price.

(a) the reproduction or adaptation is made by, or on behalf of, the owner or licensee of the copy of the program (the original copy) used for making the reproduction or adaptation; and

the reproduction or adaptation is made for the purpose of:

testing in good faith the security of the original copy, or of a computer system or network of which the original copy is a part; or

investigating, or correcting, in good faith a security flaw in, or the vulnerability to unauthorised access of, the original copy, or of a computer system or network of which the original copy is a part; and

the reproduction or adaptation is made only to the extent reasonably necessary to achieve a purpose referred to in paragraph (b); and

the information resulting from the making of the reproduction or adaptation is not readily available to the owner or licensee from another source when the reproduction or adaptation is made.

a reproduction or adaptation of a literary work that is a computer program is made under a prescribed provision; and

the reproduction or adaptation, or any information derived from it, is, without the consent of the owner of the copyright in the computer program, used, or sold or otherwise supplied to a person, for a purpose other than a purpose specified in the prescribed provision;

the prescribed provision does not apply, and is taken never to have applied, to the making of the reproduction or adaptation.

(a) the owner of a photograph (the original photograph) makes a reproduction (the main copy) of it for his or her private and domestic use instead of the original photograph; and

the original photograph itself is not an infringing copy of a work or published edition of a work; and

either:

the original photograph is in hardcopy form and the main copy is in electronic form; or

the original photograph is in electronic form and the main copy is in hardcopy form; and

at the time the owner makes the main copy, he or she has not made, and is not making, another reproduction of the original photograph that embodies the original photograph in a form substantially identical to the form of the main copy.

For this purpose, disregard a temporary reproduction of the original photograph incidentally made as a necessary part of the technical process of making the main copy.

in the original photograph; or

in a work, or published edition of a work, included in the original photograph.

Dealing with main copy may make it an infringing copy

sold; or

let for hire; or

by way of trade offered or exposed for sale or hire; or

distributed for the purpose of trade or otherwise.

if the temporary reproduction is destroyed at the first practicable time during or after the making of the main copy—the making of the temporary reproduction does not infringe copyright in the original photograph or a work, or published edition of a work, included in the original photograph; or

if the temporary reproduction is not destroyed at that time—the making of the temporary reproduction is taken always to have infringed copyright (if any) subsisting in the original photograph or a work, or published edition of a work, included in the original photograph.

a request in writing to be supplied with a reproduction of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library or archives; and

a declaration signed by him or her stating:

that he or she requires the reproduction for the purpose of research or study and will not use it for any other purpose; and

that he or she has not previously been supplied with a reproduction of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives.

a request to be supplied with a reproduction of an article, or part of an article, contained in a periodical publication, or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library or archives; and

a declaration to the effect that:

the person requires the reproduction for the purpose of research or study and will not use it for any other purpose;

the person has not previously been supplied with a reproduction of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives; and

by reason of the remoteness of the person’s location, the person cannot conveniently furnish to the officer in charge of the library or archives a request and declaration referred to in subsection (1) in relation to the reproduction soon enough to enable the reproduction to be supplied to the person before the time by which the person requires it.

a request and declaration referred to in subsection (2A) are made by a person to an authorized officer of a library or archives; and

the authorized officer makes a declaration setting out particulars of the request and declaration made by the person and stating that:

the declaration made by the person, so far as it relates to the matters specified in subparagraphs (2A)(b)(i) and (ii), does not contain a statement that, to the knowledge of the authorized officer, is untrue in a material particular; and

the authorized officer is satisfied that the declaration made by the person is true so far as it relates to the matter specified in subparagraph (2A)(b)(iii);

an authorized officer of the library or archives may make, or cause to be made, the reproduction to which the request relates and supply the reproduction to the person.

the work forms part of the library or archives collection; and

before the reproduction is made, an authorized officer has, after reasonable investigation, made a declaration stating that he or she is satisfied that a reproduction (not being a second-hand reproduction) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

(5AA) For the purposes of subsection (5), if the characteristics of the work are such that subsection 10(2) or (2A) is relevant to the question whether the reproduction contains only a reasonable portion of the work, then that question is to be determined solely by reference to subsection 10(2) or (2A) and not by reference to the ordinary meaning of reasonable portion.

(5AB) For the purposes of paragraph (5)(b), in determining whether a reproduction (not being a second-hand reproduction) of the work cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account:

the time by which the person requesting the reproduction requires it; and

the time within which a reproduction (not being a second-hand reproduction) of the work at an ordinary commercial price could be delivered to the person; and

whether an electronic reproduction of the work can be obtained within a reasonable time at an ordinary commercial price.

make an electronic reproduction of the article or work; or

communicate the article or work.

an article, or a part of an article, contained in a periodical publication; or

the whole or part of a published work, other than such an article;

in relation to a request under this section for communication to the person who made the request unless:

before or when the reproduction is communicated to the person, the person is notified in accordance with the regulations:

that the reproduction has been made under this section and that the article or work might be subject to copyright protection under this Act; and

about such other matters (if any) as are prescribed; and

as soon as practicable after the reproduction is communicated to the person, the reproduction made under subsection (2) or (2C) and held by the library or archives is destroyed.

for the purpose of including the reproduction in the collection of the first-mentioned library;

in a case where the principal purpose of the first-mentioned library is to provide library services for members of a Parliament—for the purpose of assisting a person who is a member of that Parliament in the performance of the person’s duties as such a member; or

for the purpose of supplying the reproduction to a person who has made a request for the reproduction under section 49.

the reproduction shall, for all purposes of this Act, be deemed to have been made on behalf of an authorized officer of the other library for the purpose for which the reproduction was requested; and

an action shall not be brought against the body administering that first-mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that reproduction.

by the making of the reproduction; or

if the work is supplied under subsection (2) by way of a communication—by the making of the communication.

(a) a reproduction (in this subsection referred to as the relevant reproduction) of, or of a part of, an article, or of the whole or a part of another work, is supplied under subsection (2) to the officer in charge of a library; and

a reproduction of the same article or other work, or of the same part of the article or other work, as the case may be, has previously been supplied under subsection (2) for the purpose of inclusion in the collection of the library;

subsection (4) does not apply to or in relation to the relevant reproduction unless, as soon as practicable after the request under subsection (1) relating to the relevant reproduction is made, an authorized officer of the library makes a declaration:

setting out particulars of the request (including the purpose for which the relevant reproduction was requested); and

stating that the reproduction referred to in paragraph (b) has been lost, destroyed or damaged, as the case requires.

a reproduction is made of the whole of a work (other than an article contained in a periodical publication) or of a part of such a work, being a part that contains more than a reasonable portion of the work; and

the work from which the reproduction is made is in hardcopy form; and

the reproduction is supplied under subsection (2) to the officer in charge of a library;

subsection (4) does not apply in relation to the reproduction unless:

in a case where the principal purpose of the library is to provide library services for members of a Parliament—the reproduction is so supplied for the purpose of assisting a person who is a member of that Parliament in the performance of the person’s duties as such a member; or

as soon as practicable after the request under subsection (1) relating to the reproduction is made, an authorized officer of the library makes a declaration:

setting out particulars of the request (including the purpose for which the reproduction was requested); and

stating that, after reasonable investigation, the authorized officer is satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

a reproduction is made of the whole of a work (including an article contained in a periodical publication) or of a part of such a work, whether or not the part contains more than a reasonable portion of the work; and

the work from which the reproduction is made is in electronic form; and

the reproduction is supplied under subsection (2) to the officer in charge of a library;

subsection (4) does not apply in relation to the reproduction unless:

in a case where the principal purpose of the library is to provide library services for members of a Parliament—the reproduction is so supplied for the purpose of assisting a person who is a member of that Parliament in the performance of the person’s duties as such a member; or

as soon as practicable after the request under subsection (1) relating to the reproduction is made, an authorized officer of the library makes a declaration:

setting out particulars of the request (including the purpose for which the reproduction was requested); and

if the reproduction is of the whole, or of more than a reasonable portion, of a work other than an article—stating that, after reasonable investigation, the authorised officer is satisfied that the work cannot be obtained in electronic form within a reasonable time at an ordinary commercial price; and

if the reproduction is of a reasonable portion, or less than a reasonable portion, of a work other than an article—stating that, after reasonable investigation, the authorised officer is satisfied that the portion cannot be obtained in electronic form, either separately or together with a reasonable amount of other material, within a reasonable time at an ordinary commercial price; and

if the reproduction is of the whole or of a part of an article—stating that, after reasonable investigation, the authorised officer is satisfied that the article cannot be obtained on its own in electronic form within a reasonable time at an ordinary commercial price.

(7BA) For the purposes of subsections (7A) and (7B), if the characteristics of the work are such that subsection 10(2) or (2A) is relevant to the question whether the reproduction contains only a reasonable portion of the work, then that question is to be determined solely by reference to subsection 10(2) or (2A) and not by reference to the ordinary meaning of reasonable portion.

(7BB) For the purposes of subparagraphs (7A)(e)(ii) and (7B)(e)(ii), (iii) and (iv), in determining whether a copy of the work, the work, the portion of the work or the article (as appropriate) cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account:

the time by which the person requesting the reproduction under section 49 requires the reproduction; and

the time within which a reproduction (not being a second-hand reproduction) of the work at an ordinary commercial price could be delivered to the person; and

whether the copy, work, portion or article can be obtained in electronic form within a reasonable time at an ordinary commercial price.

a reproduction is made in electronic form by or on behalf of an authorised officer of a library of the whole of a work (including an article contained in a periodical publication) or of a part of such a work; and

the reproduction is supplied under subsection (2) to the officer in charge of another library;

subsection (3) does not apply in relation to the reproduction unless, as soon as practicable after the reproduction is supplied to the other library the reproduction made for the purpose of the supply and held by the first-mentioned library is destroyed.

the purpose is the one described in paragraph (1)(aa) (assisting a member of a Parliament perform his or her duties); or

the purpose is the one described in paragraph (1)(b) (supplying a reproduction to a person requesting it under section 49 for research or study) and the reproduction of the articles was requested under section 49 for the same research or course of study.

a library all or part of whose collection is accessible to members of the public directly or through interlibrary loans; or

a library whose principal purpose is to provide library services for members of a Parliament; or

an archives all or part of whose collection is accessible to members of the public.

supply includes supply by way of a communication.

the work has not been published; and

a reproduction of the work, or, in the case of a literary, dramatic or musical work, the manuscript of the work, is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, open to public inspection;

the copyright in the work is not infringed:

by the making or communication of a reproduction of the work by a person for the purposes of research or study or with a view to publication; or

by the making or communication of a reproduction of the work by, or on behalf of, the officer in charge of the library or archives if the reproduction is supplied (whether by way of communication or otherwise) to a person who satisfies the officer in charge of the library or archives that the person requires the reproduction for the purposes of research or study, or with a view to publication, and that the person will not use it for any other purpose.

of a single working copy of the work; or

of a single reference copy of the work for supply to the central office of the National Archives of Australia; or

on the written request for a reference copy of the work by an officer of the National Archives of Australia in a regional office of the Archives, where the officer in charge is satisfied that a reference copy of the work has not been previously supplied to that regional office—of a single reference copy of the work for supply to that regional office; or

where the officer in charge is satisfied that a reference copy of the work supplied to a regional office of the National Archives of Australia is lost, damaged or destroyed and an officer of the Archives in that regional office makes a written request for a replacement copy of the work—of a single replacement copy of the work for supply to that regional office; or

where the officer in charge is satisfied that a reference copy of the work supplied to the central office of the National Archives of Australia is lost, damaged or destroyed—of a single replacement copy of the work for supply to that central office.

(a) a published literary, dramatic or musical work (in this section referred to as the new work) incorporates the whole or a part of a work (in this section referred to as the old work) to which subsection 51(1) applied immediately before the new work was published;

before the new work was published, the prescribed notice of the intended publication of the work had been given; and

immediately before the new work was published, the identity of the owner of the copyright in the old work was not known to the publishers of the new work;

then, for the purposes of this Act, the first publication of the new work, and any subsequent publication of the new work whether in the same or in an altered form, shall, in so far as it constitutes a publication of the old work, be deemed not to be an infringement of the copyright in the old work or an unauthorized publication of the old work.

subsection 51(1) would, but for this section, have applied to that part of the old work immediately before that subsequent publication;

before that subsequent publication, the prescribed notice of the intended publication had been given; and

immediately before that subsequent publication, the identity of the owner of the copyright in the old work was not known to the publisher of that subsequent publication.

broadcasts the work, or that part of the work; or

electronically transmits the work, or that part of the work (other than in a broadcast) for a fee payable to the person who made the transmission; or

performs the work, or that part of the work, in public; or

makes a record of the work, or that part of the work.

a reference to a musical work shall be read as a reference to the work in its original form or to an adaptation of the work;

a reference to the owner of the copyright in a literary, dramatic or musical work shall, unless the contrary intention appears, be read as a reference to the person who is entitled to authorize the making in, and the importation into, Australia of records of the work; and

a reference to sale of a record by retail or to retail sale of a record shall be read as not including a reference to:

sale for a consideration not consisting wholly of money; or

sale by a person not ordinarily carrying on the business of making or selling records.

does not apply to a record of a whole work unless the previous record referred to in paragraph 55(1)(a) was a record of the whole work; and

does not apply to a record of a part of a work unless that previous record was a record of that part of the work.

Original form

a record of the work:

has previously been made in, or imported into, Australia for the purpose of retail sale and was so made or imported by, or with the licence of, the owner of the copyright in the work;

has previously been made in Australia for use in making other records for the purpose of retail sale and was so made by, or with the licence of, the owner of the copyright in the work;

has previously been made in, or imported into, a country other than Australia for the purpose of retail sale, being a country that, at the time of the previous making or importation, was specified in the regulations to be a country in relation to which this Division applies, and was so made or imported by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the work; or

has previously been made in a country other than Australia for use in making other records for the purpose of retail sale, being a country that, at the time of the previous making, was specified in the regulations to be a country in relation to which this Division applies, and was so made by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the work;

before the making of the record, the prescribed notice of the intended making of the record was given to the owner of the copyright;

the manufacturer intends to sell the record by retail, or to supply it for the purpose of its being sold by retail by a person other than the manufacturer, or intends to use it for making other records that are to be so sold or supplied; and

where the record is so sold or supplied by the manufacturer:

the sale or supply is made with the licence of the owner of the copyright; and

the prescribed royalty is paid to the owner of the copyright in the manner agreed between the manufacturer and the owner of the copyright or, failing such agreement, determined by the Copyright Tribunal under section 152B.

the date of the first making in, or the date of the first importation into, Australia of a previous record of the work in circumstances referred to in subparagraph (1)(a)(i) or (ii);

the date of the first supplying (whether by sale or otherwise) to the public in a country referred to in subparagraph (1)(a)(iii) or (iv) of a previous record of the work made in, or imported into, that country in circumstances referred to in that subparagraph.

such amount of royalty as is agreed between the manufacturer and the owner of the copyright in the work or, failing such agreement, as is determined by the Copyright Tribunal under section 152A; or

if no such agreement or determination is in force—an amount equal to 6.25% of the retail selling price of the record.

a person makes in Australia a record comprising the performance of a musical work in which words are sung, or are spoken incidentally to or in association with the music, whether or not there is any other matter comprised in the record;

copyright does not subsist in that work or, if copyright so subsists, the requirements specified in subsection 55(1) are complied with in relation to that copyright;

the words consist or form part of a literary or dramatic work in which copyright subsists;

a record of the musical work in which those words, or words substantially the same as those words, were sung, or were spoken incidentally to or in association with the music:

has previously been made in, or imported into, Australia for the purpose of retail sale and was so made or imported by, or with the licence of, the owner of the copyright in the literary or dramatic work;

has previously been made in Australia for use in making other records for the purpose of retail sale and was so made by, or with the licence of, the owner of the copyright in the literary or dramatic work;

has previously been made in, or imported into, a country other than Australia for the purpose of retail sale, being a country that, at the time of the previous making or importation, was specified in the regulations to be a country in relation to which this Division applies, and was so made or imported by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the literary or dramatic work; or

has previously been made in a country other than Australia for use in making other records for the purpose of retail sale, being a country that, at the time of the previous making, was specified in the regulations to be a country in relation to which this Division applies, and was so made by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the literary or dramatic work; and

the like notice was given to the owner of the copyright in the literary or dramatic work as is required by paragraph 55(1)(b) to be given to the owner of the copyright (if any) in the musical work and there is paid to the owner of the copyright in the literary or dramatic work such amount (if any) as is ascertained in accordance with this section;

the making of the record does not constitute an infringement of the copyright in the literary or dramatic work.

if the copyrights in those works are owned by the same person—an amount is not payable in respect of the literary or dramatic work; or

if the copyrights in those works are owned by different persons—the royalty that, but for this section, would have been payable in respect of the musical work shall be apportioned between them in such manner as they agree, or, in default of the agreement, as is determined by the Copyright Tribunal on the application of either of them.

paragraph 55(1)(d) and paragraph (1)(e) of this section have effect as if the payments referred to in those paragraphs had been made; and

the person who made the record is liable, when the amount to which an undertaking relates is determined, to pay that amount to the owner of the copyright to whom the undertaking was given and the owner may recover that amount in a court of competent jurisdiction from that person as a debt due to the owner.

the inclusion of the work in a television broadcast in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or

the making of further copies of the film for the purpose of the inclusion of the work in such a broadcast.

(a) proceedings (copyright proceedings) are brought under this Act in relation to an artistic work in which copyright subsists; and

(b) a corresponding design was registered under the Designs Act 2003; and

the exclusive right in the design had not expired by effluxion of time before the copyright proceedings began; and

it is established in the copyright proceedings that:

none of the persons who are registered owners of the registered design are entitled persons in relation to the design; and

none of those persons were registered with the knowledge of the owner of the copyright in the artistic work.

(a) the design is taken never to have been registered under the Designs Act 2003; and

section 75 does not apply in relation to anything done in respect of the design; and

(c) nothing in the Designs Act 2003 constitutes a defence.

by an assignee of, or under a licence granted by, the registered owner of the registered design; and

in good faith relying on the registration and without notice of any proceedings (whether or not before a court) to revoke the registration or to rectify the entry in the Register of Designs in relation to the design.

copyright subsists in an artistic work (other than a building or a model of a building, or a work of artistic craftsmanship) whether made before the commencement of this section or otherwise;

a corresponding design is or has been applied industrially, whether in Australia or elsewhere, and whether before or after the commencement of this section, by or with the licence of the owner of the copyright in the place of industrial application; and

(c) at any time on or after the commencement of this section, products to which the corresponding design has been so applied (the products made to the corresponding design) are sold, let for hire or offered or exposed for sale or hire, whether in Australia or elsewhere; and

(d) at that time, the corresponding design is not registrable under the Designs Act 2003 or has not been registered under that Act or under the Designs Act 1906.

a complete specification that discloses a product made to the corresponding design; or

a representation of a product made to the corresponding design and included in a design application;

is published in Australia, whether or not paragraphs (1)(b) and (c) are satisfied in relation to the corresponding design.

products made to the corresponding design are first sold, let for hire or offered or exposed for sale or hire; or

a complete specification that discloses a product made to the corresponding design is first published in Australia; or

a representation of a product made to the corresponding design and included in a design application is first published in Australia;

by embodying that, or any other, corresponding design in a product.

(a) before the commencement of the proceedings, an application for the registration of the design under the Designs Act 1906 in respect of those articles, or under the Designs Act 2003 in respect of those products, had been refused;

the reason, or one of the reasons, given for the refusal was that the design was excluded from registration under that Act by regulations made under that Act; and

when the proceedings were commenced, no appeal against the refusal had been allowed or was pending.

the reproduction is derived from a three-dimensional product that embodies a corresponding design in relation to the artistic work; and

the reproduction is in the course of, or incidental to:

(i) making a product (the non-infringing product), if the making of the product did not, or would not, infringe the copyright in the artistic work because of the operation of this Division; or

selling or letting for hire the non-infringing product, or offering or exposing the non-infringing product for sale or hire.

the cast or mould is for the purpose of making products; and

the making of the products would not infringe copyright because of the operation of this Division.

the author whose identity was disclosed; or

if the identity of 2 or more of the authors was disclosed—whichever of those authors died last.

item 1 or 2 of the table in subsection 33(2);

item 1 of the table in subsection 33(3).

one of the names under which the work was published was the name of that author; or

the identity of that author is generally known.

to make a copy of the sound recording;

to cause the recording to be heard in public;

to communicate the recording to the public;

to enter into a commercial rental arrangement in respect of the recording.

(a) the copy of the sound recording was purchased by a person (the record owner) before the commencement of Part 2 of the Copyright (World Trade Organization Amendments) Act 1994; and

the commercial rental arrangement is entered into in the ordinary course of a business conducted by the record owner; and

the record owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of copies of sound recordings, when the copy was purchased.

the first publication of the edition took place in Australia; or

the publisher of the edition was a qualified person at the date of the first publication of the edition.

a sound recording; or

a cinematograph film.

Copyright material first made public before 1 January 2019

if it is made before the expiration of the period of 50 years after the expiration of the calendar year in which the previous broadcast was made—any copyright subsisting in it expires at the expiration of that period; and

if it is made after the expiration of that period—copyright does not subsist in it by virtue of this Part.

a person makes, for valuable consideration, an agreement with another person for the making of a sound recording by the other person; and

the recording is made in pursuance of the agreement;

the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any copyright subsisting in the recording by virtue of this Part.

a person makes, for valuable consideration, an agreement with another person for the making of a cinematograph film by the other person; and

the film is made in pursuance of the agreement;

the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any copyright subsisting in the film by virtue of this Part.

because of the operation of subsection (4); or

because of the operation of subsections (4) and (5);

then the person becomes the owner of the copyright only so far as the copyright consists of the right to include the film in a retransmission of a free-to-air broadcast.

the person or persons who, immediately before the commencement of this section, owned the copyright subsisting in the recording; and

the performer or performers who performed in the performance (other than a performer who is already covered by paragraph (a)).

Employer may be a maker of the sound recording

a sound recording of a live performance was made; and

(b) a performer performed in that performance under the terms of his or her employment by another person (the employer) under a contract of service or apprenticeship;

then, for the purposes of paragraph (1)(b), the employer is taken to be a maker instead of that performer.

do an act comprised in the copyright; or

do any other act in relation to the copyright;

as if each new owner of the copyright had granted a licence or permission (however described) to the former owner to do the act.

the former owner’s licensees and successors in title; and

any persons who are authorised by the former owner; and

any persons who are authorised by the former owner’s licensees or successors in title;

in the same way as it applies to the former owner.

the extent (if any) of the person’s power to prevent the doing of the act concerned;

the nature of any relationship existing between the person and the person who did the act concerned;

whether the person took any other reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant industry codes of practice.

selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;

distributing the article:

for the purpose of trade; or

for any other purpose to an extent that will affect prejudicially the owner of the copyright; or

by way of trade exhibiting the article in public;

if the importer knew, or ought reasonably to have known, that the making of the article would, if the article had been made in Australia by the importer, have constituted an infringement of the copyright.

sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or

by way of trade exhibits an article in public;

if the person knew, or ought reasonably to have known, that the making of the article constituted an infringement of the copyright or, in the case of an imported article, would, if the article had been made in Australia by the importer, have constituted an infringement of the copyright.

for the purpose of trade; or

for any other purpose to an extent that affects prejudicially the owner of the copyright concerned;

shall be taken to be the sale of those articles.

it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the first-mentioned audio-visual item is made; or

it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film.

the purpose and character of the dealing;

the nature of the audio-visual item;

the possibility of obtaining the audio-visual item within a reasonable time at an ordinary commercial price;

the effect of the dealing upon the potential market for, or value of, the audio-visual item; and

in a case where part only of the audio-visual item is copied—the amount and substantiality of the part copied taken in relation to the whole item.

the act is done, or authorised to be done:

(i) for a purpose for which the collection, use or disclosure of health information is required or authorised under the My Health Records Act 2012; or

(ii) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the Privacy Act 1988 (serious threat to life, health or safety), or would exist if the entity doing the thing were an APP entity for the purposes of that Act; or

(iii) in circumstances in which a permitted health situation exists under Privacy Act 1988, or would exist if the entity doing the thing were an organisation for the purposes of that Act; orsection 16B of the

for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations; and

either:

the film or recording is substantially comprised of health information; or

the film or recording allows for the storage, retrieval or use of health information and it is reasonably necessary to do the act, or authorise it to be done, in circumstances that would otherwise infringe copyright in the work.

at premises where persons reside or sleep, as part of the amenities provided exclusively for residents or inmates of the premises or for those residents or inmates and their guests; or

as part of the activities of, or for the benefit of, a registered charity;

the act of causing the recording to be so heard does not constitute an infringement of the copyright in the recording.

in relation to premises of a kind referred to in paragraph (a) of that subsection, if a specific charge is made for admission to the part of the premises where the recording is to be heard; or

in relation to a registered charity of a kind referred to in paragraph (b) of that subsection, if a charge is made for admission to the place where the recording is to be heard and any of the proceeds of the charge are applied otherwise than for the purposes of the registered charity.

the broadcasting of the recording in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the recording; or

the making of further copies of the sound recording for the purpose of the broadcasting of the recording in such circumstances.

the person has paid to the owner of the copyright in the recording such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to the owner such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the causing of the recording to be heard in public; and

in the case of a recording that was first published outside Australia—the recording has been published in Australia or the prescribed period after the date of the first publication of the recording has expired.

where there is no order of the Tribunal in force under section 152 applying to the maker of that broadcast in relation to the time when that broadcast was made—the maker of that broadcast has given an undertaking in writing to the person who is the owner of the copyright in that recording to pay to the owner such amounts (if any) as may be specified in, or determined in accordance with, an order of the Tribunal made under that section in respect of the broadcasting by the maker, during a period within which that broadcast was made, of published sound recordings in which the copyrights are owned by that person and which include that recording; or

where there is an order of the Tribunal in force under that section applying to the maker of that broadcast in relation to the time when that broadcast was made:

the copyright in that recording is owned by a person who is specified in the order as one of the persons among whom the amount specified in, or determined in accordance with, the order is to be divided and the maker of the broadcast makes payments to the person in accordance with the order; or

the copyright in that recording is owned by a person who is not so specified in the order.

the recording consists of, or includes, a musical work in which copyright subsists;

the musical work was made for the purpose of being performed, or has been performed, in association with a dramatic work or has been included in a cinematograph film; and

records of the musical work have not been supplied (whether by sale or otherwise) to the public in Australia.

(a) the owner of a copy (the earlier copy) of a sound recording makes another copy (the later copy) of the sound recording using the earlier copy; and

the sole purpose of making the later copy is the owner’s private and domestic use of the later copy with a device that:

is a device that can be used to cause sound recordings to be heard; and

he or she owns; and

the earlier copy was not made by downloading over the internet a digital recording of a radio broadcast or similar program; and

the earlier copy is not an infringing copy of the sound recording, a broadcast or a literary, dramatic or musical work included in the sound recording.

sold; or

let for hire; or

by way of trade offered or exposed for sale or hire; or

distributed for the purpose of trade or otherwise; or

used for causing the sound recording to be heard in public; or

used for broadcasting the sound recording.

(a) the owner of videotape embodying a cinematograph film in analog form makes a copy (the main copy) of the film in electronic form for his or her private and domestic use instead of the videotape; and

the videotape itself is not an infringing copy of the film or of a broadcast, sound recording, work or published edition of a work; and

at the time the owner makes the main copy, he or she has not made, and is not making, another copy that embodies the film in an electronic form substantially identical to the electronic form in which the film is embodied in the main copy.

For this purpose, disregard a temporary copy of the film incidentally made as a necessary part of the technical process of making the main copy.

sold; or

let for hire; or

by way of trade offered or exposed for sale or hire; or

distributed for the purpose of trade or otherwise.

if the temporary copy is destroyed at the first practicable time during or after the making of the main copy—the making of the temporary copy does not infringe copyright in the film or in any work or other subject-matter included in the film; or

if the temporary copy is not destroyed at that time—the making of the temporary copy is taken always to have infringed copyright (if any) subsisting in the film and in any work or other subject-matter included in the film.