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

89   After subsection 135E(1)

Insert:

(1A) For the purposes of Part XIA, each performer of a performance is taken to have authorised an administering body, or a person on behalf of an administering body, to make or communicate a copy of a broadcast of the performance if the following paragraphs are satisfied:

(a) a remuneration notice, given by or on behalf of the administering body to the collecting society, is in force;

(b) if the copy or communication is made by, or on behalf of, a body administering an educational institution - the copy or communication is made solely for the educational purposes of the institution or of another educational institution;

(c) if the copy or communication is made by, or on behalf of, a body administering an institution assisting persons with an intellectual disability - the copy or communication is made solely for the purposes of use in the provision of assistance to persons with an intellectual disability by the institution or by another similar institution;

(d) the administering body complies with subsection 135K(1) or (3), or section 135KA, as the case requires, in relation to the copy or communication.

Note: The effect of this subsection is that no right of action and no offence occurs in respect of the copy or communication under Part XIA (performers' protection).