Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 200AB

Use of works and other subject-matter for certain purposes

             (1)  The copyright in a work or other subject-matter is not infringed by a use of the work or other subject-matter if all the following conditions exist:

                     (a)  the circumstances of the use (including those described in paragraphs (b), (c) and (d)) amount to a special case;

                     (b)  the use is covered by subsection (2) or (3);

                     (c)  the use does not conflict with a normal exploitation of the work or other subject-matter;

                     (d)  the use does not unreasonably prejudice the legitimate interests of the owner of the copyright.

Use by body administering library or archives

             (2)  This subsection covers a use that:

                     (a)  is made by or on behalf of the body administering a library or archives; and

                     (b)  is made for the purpose of maintaining or operating the library or archives (including operating the library or archives to provide services of a kind usually provided by a library or archives); and

                     (c)  is not made partly for the purpose of the body obtaining a commercial advantage or profit.

Use by body administering educational institution

             (3)  This subsection covers a use that:

                     (a)  is made by or on behalf of a body administering an educational institution; and

                     (b)  is made for the purpose of giving educational instruction; and

                     (c)  is not made partly for the purpose of the body obtaining a commercial advantage or profit.

This section does not apply if under another provision the use does not, or might not, infringe copyright

             (6)  Subsection (1) does not apply if, because of another provision of this Act:

                     (a)  the use is not an infringement of copyright; or

                     (b)  the use would not be an infringement of copyright assuming the conditions or requirements of that other provision were met.

Example:    Paragraph (a)--Without using a device adapted for producing multiple copies or a device that can produce copies by reprographic reproduction, a school teacher copies a literary work in the course of educational instruction. Under subsection 200(1), the copying is not an infringement of copyright in the work, so this section does not apply.

       (6AA)  In working out, for the purposes of subsection 113Q(2) (about the meaning of licensed copying or communication ), whether copying or communicating does not infringe copyright only because of section 113P, disregard this section.

Cost recovery not commercial advantage or profit

          (6A)  The use does not fail to meet the condition in paragraph (2)(c) or (3)(c) merely because of the charging of a fee that:

                     (a)  is connected with the use; and

                     (b)  does not exceed the costs of the use to the charger of the fee.

Definitions

             (7)  In this section:

"conflict with a normal exploitation" has the same meaning as in Article 13 of the TRIPS Agreement.

"special case" has the same meaning as in Article 13 of the TRIPS Agreement.

"unreasonably prejudice the legitimate interests" has the same meaning as in Article 13 of the TRIPS Agreement.

"use" includes any act that would infringe copyright apart from this section.



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