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

Schedule 9 Copyright amendments

Insert:

Defence for certain public institutions etc.

(5EA) Subsections (5C) to (5DB) do not apply in respect of anything lawfully done by the following bodies in performing their functions:

(a) a library (other than a library that is conducted for the profit, direct or indirect, of an individual or individuals);

(b) a body mentioned in paragraph (a) of the definition of archives or in subsection 10(4);

(d) a public non-commercial broadcaster, including:

(i) a body that provides a national broadcasting service within the meaning of the Broadcasting Services Act 1992; and

(ii) a body that holds a community broadcasting licence within the meaning of that Act.

Note: A library that is owned by a person conducting a business for profit might not itself be conducted for profit: see section 18.