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

Schedule 9   Copyright amendments

Part 3   Performers' protection

Copyright Act 1968

80   After subsection 248P(7A)

Insert:

(7B) A person who makes an indirect recording solely for the purpose of his or her private and domestic use without the authority of the performer does not, by doing so, contravene subsection (2).

Note: A defendant bears an evidential burden in relation to the matter in subsection (7B) (see subsection 13.3(3) of the Criminal Code).