Designs (Consequential Amendments) Act 2003 (148 of 2003)

Schedule 1   Copyright Act 1968

Part 1   Amendments

14   At the end of Division 8 of Part III

Add:

77A Certain reproductions of an artistic work do not infringe copyright

(1) It is not an infringement of copyright in an artistic work to reproduce the artistic work, or communicate that reproduction, if:

(a) the reproduction is derived from a three-dimensional product that embodies a corresponding design in relation to the artistic work; and

(b) the reproduction is in the course of, or incidental to:

(i) making a product (the non-infringing product ), if the making of the product did not, or would not, infringe the copyright in the artistic work because of the operation of this Division; or

(ii) selling or letting for hire the non-infringing product, or offering or exposing the non-infringing product for sale or hire.

(2) It is not an infringement of copyright in an artistic work to make a cast or mould embodying a corresponding design in relation to the artistic work, if:

(a) the cast or mould is for the purpose of making products; and

(b) the making of the products would not infringe copyright because of the operation of this Division.