US Free Trade Agreement Implementation Act 2004 (120 of 2004)
Schedule 9 Copyright amendments
Part 3 Performers' protection
Copyright Act 1968
71 After subsection 248A(1)
Insert:
(1A) For the purposes of paragraph (aa) of the definition of exempt recording , in determining whether a recording is a fair dealing with a performance for the purpose of research or study, regard must be had to the following matters:
(a) the purpose and character of the recording;
(b) the nature of the performance;
(c) the possibility of obtaining an authorised recording of the performance within a reasonable time at an ordinary commercial price;
(d) the effect of the recording upon the potential market for, or the value of, authorised recordings of the performance;
(e) if only part of the performance is recorded - the amount and substantiality of the part recorded when compared to the whole performance.
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