Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 109A

Copying sound recordings for private and domestic use

  (1)   This section applies if:

  (a)   the owner of a copy (the earlier copy ) of a sound recording makes another copy (the later copy ) of the sound recording using the earlier copy; and

  (b)   the sole purpose of making the later copy is the owner's private and domestic use of the later copy with a device that:

  (i)   is a device that can be used to cause sound recordings to be heard; and

  (ii)   he or she owns; and

  (c)   the earlier copy was not made by downloading over the internet a digital recording of a radio broadcast or similar program; and

  (d)   the earlier copy is not an infringing copy of the sound recording, a broadcast or a literary, dramatic or musical work included in the sound recording.

  (2)   The making of the later copy does not infringe copyright in the sound recording, or in a literary, dramatic or musical work or other subject - matter included in the sound recording.

  (3)   Subsection   (2) is taken never to have applied if the earlier copy or the later copy is:

  (a)   sold; or

  (b)   let for hire; or

  (c)   by way of trade offered or exposed for sale or hire; or

  (d)   distributed for the purpose of trade or otherwise; or

  (e)   used for causing the sound recording to be heard in public; or

  (f)   used for broadcasting the sound recording.

Note:   If the earlier or later copy is dealt with as described in subsection   (3), then copyright may be infringed not only by the making of the later copy but also by a dealing with the later copy.

  (4)   To avoid doubt, paragraph   (3)(d) does not apply to a loan of the earlier copy or the later copy by the lender to a member of the lender's family or household for the member's private and domestic use.


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