US Free Trade Agreement Implementation Act 2004 (120 of 2004)
Schedule 9 Copyright amendments
Part 4 Copying and communicating broadcasts of performances
Copyright Act 1968
97 At the end of section 135F
Add:
(8) For the purposes of Part XIA, each performer in a performance is taken to have authorised a communication of a preview copy of a broadcast of the performance if:
(a) the communication is made solely to enable an administering body to decide whether or not that copy should be retained:
(i) for the educational purposes of the institution administered by it; or
(ii) for use in the provision of assistance to persons with an intellectual disability by the institution administered by it; and
(b) the communication is made only to the extent necessary for the purpose mentioned in paragraph (a); and
(c) the communication is made within the preview period.
Note: The effect of this subsection is that no right of action and no offence occurs in respect of the communication of the preview copy under Part XIA (performers' protection).