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Contents

Long Title

Part I PRELIMINARY

Part II INTERPRETATION

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

Division 2 — Infringement of Copyright In Works

Division 3 — Acts not Constituting Infringements of Copyright Works

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Division 5 — Copying of Works in Libraries

Division 6 — Copying of Works for Educational Purposes

Division 7 — Copying of Works in Institutions Assisting Handicapped Readers and Institutions Assisting Intellectually Handicapped Readers

Division 8 — Recording of Musical Works

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

Division 10 — Designs

Division 11 — Works of Joint Authorship

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

Division 2 — Nature of Copyright in Subject-Matter other than Works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

Division 7 — Miscellaneous

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

Division 2 — Actions by Owner of Copyright

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

Division 4 — Proof of Facts in Copyright Proceedings

Division 5 — Offences

Division 6 — Border Enforcement Measures

Division 7 — Powers of Search

Division 8 — Miscellaneous

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

Part VII COPYRIGHT TRIBUNALS

Division 1 — Preliminary

Division 2 — Constitution of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

Division 4 — Procedure and Evidence

Division 5 — Miscellaneous

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM

Part X MISCELLANEOUS

Part XI TRANSITIONAL

Division 1 — Preliminary

Division 2 — Original Works

Division 3 — Subject-Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

Part XII PERFORMERS’ PROTECTION

Part XIII RIGHTS MANAGEMENT INFORMATION

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

THE SCHEDULE False Registration of Industrial Designs

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

 
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On 24/11/2014, you requested the version in force on 24/11/2014 incorporating all amendments published on or before 24/11/2014. The closest version currently available is that of 07/03/2014.
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Storage and information location
193D.
—(1)  The court shall not grant any monetary relief or, except as provided for in section 193DB, make any order against a network service provider for any infringement of copyright in any material that occurs by reason of —
(a)
the storage, at the direction of a user of the network service provider’s primary network, of an electronic copy of the material on the primary network, if the network service provider satisfies the conditions referred to in subsection (2); or
(b)
the network service provider referring or linking a user of any network to an online location on a network (referred to in this section as the originating network), being a location at which an electronic copy of the material is made available, by the use of —
(i)
an information location tool such as a hyperlink or directory; or
(ii)
an information location service such as a search engine,
if the network service provider satisfies the conditions referred to in subsection (4).
[52/2004]
(2)  The conditions referred to in subsection (1)(a) are that —
(a)
the network service provider does not receive any financial benefit directly attributable to the infringement of the copyright in the material that occurs in, or in the course of, making available the electronic copy of the material on the primary network, provided that the network service provider has the right and ability to control the infringing activity;
(b)
if the network service provider —
(i)
acquires actual knowledge that the copyright in the material has been infringed in, or in the course of, making available the electronic copy of the material on the primary network;
(ii)
acquires knowledge of such facts or circumstances which would lead inevitably to the conclusion that the copyright in the material has been infringed in, or in the course of, making available the electronic copy of the material on the primary network; or
(iii)
is furnished in the prescribed manner with a notice in, or substantially in accordance with, the prescribed form relating to the electronic copy of the material on the primary network —
(A)
purportedly made by the owner of the copyright in the material or under the owner’s authority; and
(B)
stating the prescribed matters,
the network service provider expeditiously takes reasonable steps to remove or disable access to the copy of the material on the primary network; and
(c)
the network service provider has designated a representative to receive any notice referred to in paragraph (b)(iii) and published the prescribed information on the designated representative in the prescribed manner.
[52/2004; 22/2005]
(3)  For the purposes of subsection (2), a notice purportedly made by the owner of the copyright in the material or under the owner’s authority which is not a notice referred to in subsection (2)(b)(iii) shall not be considered in determining whether the network service provider has acquired any knowledge referred to in subsection (2)(b)(i) or (ii).
[22/2005]
(4)  The conditions referred to in subsection (1)(b) are that —
(a)
the network service provider does not receive any financial benefit directly attributable to the infringement of the copyright in the material that occurs in, or in the course of, making available the electronic copy of the material on the originating network, provided that the network service provider has the right and ability to control the infringing activity;
(b)
if the network service provider —
(i)
acquires actual knowledge that the copyright in the material has been infringed in, or in the course of, making available the electronic copy of the material on the originating network;
(ii)
acquires knowledge of such facts or circumstances which would lead inevitably to the conclusion that the copyright in the material has been infringed in, or in the course of, making available the electronic copy of the material on the originating network; or
(iii)
is furnished in the prescribed manner with a notice in, or substantially in accordance with, the prescribed form relating to the electronic copy of the material on the originating network —
(A)
purportedly made by the owner of the copyright in the material or under the owner’s authority; and
(B)
stating the prescribed matters,
the network service provider expeditiously takes reasonable steps to disable access to the electronic copy of the material on the originating network, and to remove or disable access to any electronic copy of the material (being a copy made from the electronic copy of the material on the originating network and of which the network service provider has actual knowledge) on the primary network; and
(c)
the network service provider has designated a representative to receive any notice referred to in paragraph (b)(iii) and published the prescribed information on the designated representative in the prescribed manner.
[52/2004; 22/2005]
(5)  For the purposes of subsection (4), a notice purportedly made by the owner of the copyright in the material or under the owner’s authority which is not a notice referred to in subsection (4)(b)(iii) shall not be considered in determining whether the network service provider has acquired any knowledge referred to in subsection (4)(b)(i) or (ii).
[22/2005]
(6)  For the purposes of subsections (2)(a) and (4)(a), in determining whether a financial benefit is directly attributable to the infringement of copyright in the material, the court shall have regard to —
(a)
industry practice in relation to the charging of services by network service providers;
(b)
whether the financial benefit was greater than the benefit that would usually result from charging in accordance with accepted industry practices; and
(c)
all other matters that the court considers relevant.
[22/2005]