US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 9   Copyright amendments

Part 3   Performers' protection

Copyright Act 1968

71   After subsection 248A(1)

Insert:

(1A) For the purposes of paragraph (aa) of the definition of exempt recording , in determining whether a recording is a fair dealing with a performance for the purpose of research or study, regard must be had to the following matters:

(a) the purpose and character of the recording;

(b) the nature of the performance;

(c) the possibility of obtaining an authorised recording of the performance within a reasonable time at an ordinary commercial price;

(d) the effect of the recording upon the potential market for, or the value of, authorised recordings of the performance;

(e) if only part of the performance is recorded - the amount and substantiality of the part recorded when compared to the whole performance.