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).