—(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:
to make a copy of the sound recording;
to enter into a commercial rental arrangement in respect of the recording;
to publish the sound recording if it is unpublished;
to make available to the public a sound recording by means of, or as part of, a digital audio transmission.
(2) Subsection (1)(b) shall not extend to entry into a commercial rental arrangement in respect of a sound recording if —
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;
the commercial rental arrangement is entered into in the ordinary course of a business conducted by the record owner; and
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.
(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.
[Aust. 1968, s. 85]