On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 28/03/2013.
82.
—(1) For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a sound recording, is the exclusive right to do all or any of the following acts:
(a)
to make a copy of the sound recording;
(b)
to enter into a commercial rental arrangement in respect of the recording;
(c)
to publish the sound recording if it is unpublished;
(d)
to make available to the public a sound recording by means of, or as part of, a digital audio transmission.
[6/98; 52/2004]
(2) Subsection (1)(b) shall not extend to entry into a commercial rental arrangement in respect of a sound recording if —
(a)
the copy of the sound recording, not being an infringing copy, was purchased by a person (referred to in this subsection as the record owner) before 16th April 1998;
(b)
the commercial rental arrangement is entered into in the ordinary course of a business conducted by the record owner; and
(c)
the record owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of copies of sound recordings, when the copy was purchased.
[6/98]
(3) For the avoidance of doubt, “make available” for the purposes of this Part does not include the causing of a sound recording to be heard, otherwise than by means of or as part of a digital audio transmission.
[52/2004]
[Aust. 1968, s. 85]
83. For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a cinematograph film, is the exclusive right to do all or any of the following acts:
(a)
to make a copy of the film;
(b)
to cause the film, insofar as it consists of visual images, to be seen in public;
(c)
to communicate the film to the public.
[52/2004]
[Aust. 1968, s. 86]
84.
—(1) For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a television broadcast or sound broadcast, is the exclusive right —
(a)
in the case of a television broadcast insofar as it consists of visual images — to make a cinematograph film of the broadcast, or a copy of such a film;
(b)
in the case of a sound broadcast, or of a television broadcast insofar as it consists of sounds — to make a sound recording of the broadcast, or a copy of such a sound recording;
(c)
in the case of a television broadcast — to cause it, insofar as it consists of visual images, to be seen in public, or, insofar as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience; and
(d)
in the case of a television broadcast or a sound broadcast — to re-broadcast it or to otherwise communicate it to the public.
[52/2004]
(2) For the purposes of subsection (1)(c), a television broadcast shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either —
(a)
have been admitted for payment to the place where the broadcast is to be seen or heard, or have been admitted for payment to a place of which that place forms part; or
(b)
have been admitted to the place where the broadcast is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the broadcast.
(3) For the purposes of subsection (2)(a), no account shall be taken —
(a)
of persons admitted to the place in question as residents or inmates therein; or
(b)
of persons admitted to that place as members of a club or society, where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing television broadcasts is only incidental to the main purposes of the club or society.
[Aust. 1968, s. 87]
85.
—(1) For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a cable programme, is the exclusive right to do all or any of the following acts:
(a)
insofar as it consists of visual images, to make a cinematograph film of it or a copy of such a film;
(b)
insofar as it consists of sounds, to make a sound recording of it or a copy of such a sound recording;
(c)
to cause it, insofar as it consists of visual images, to be seen in public, or, insofar as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience;
(d)
to communicate it to the public.
[52/2004]
(2) Subsection (1) shall apply whether the act in question is done by the reception of the programme or by making use of any record, print, negative, tape or other article on which the programme has been recorded.
(3) In relation to copyright in cable programmes, insofar as they consist of visual images, subsection (1) shall apply to any sequence of images sufficient to be seen as a moving picture; and accordingly, for the purpose of establishing an infringement of such copyright, it shall not be necessary to prove that the act in question extended to more than such a sequence of images.
(4) For the purposes of subsection (1)(c), a cable programme shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either —
(a)
have been admitted for payment to the place where the programme is to be seen or heard, or have been admitted for payment to a place of which that place forms a part; or
(b)
have been admitted to the place where the programme is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the programme.
(5) For the purposes of subsection (4)(a), no account shall be taken —
(a)
of persons admitted to the place in question as residents or inmates therein; or
(b)
of persons admitted to that place as members of a club or society, where payment is only for membership of the club or society and the provision of facilities for seeing or hearing cable programmes is only incidental to the main purposes of the club or society.
86. For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a published edition of a literary, dramatic, musical or artistic work or of 2 or more literary, dramatic, musical or artistic works, is the exclusive right to make, by a means that includes a photographic process, a reproduction of the edition.
[Aust. 1968, s. 88]