Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 21

Reproduction and copying of works and other subject - matter

  (1)   For the purposes of this Act, a literary, dramatic or musical work shall be deemed to have been reproduced in a material form if a sound recording or cinematograph film is made of the work, and any record embodying such a recording and any copy of such a film shall be deemed to be a reproduction of the work.

  (1A)   For the purposes of this Act, a work is taken to have been reproduced if it is converted into or from a digital or other electronic machine - readable form, and any article embodying the work in such a form is taken to be a reproduction of the work.

Note:   The reference to the conversion of a work into a digital or other electronic machine - readable form includes the first digitisation of the work.

  (2)   Subsections   (1) and (1A) apply in relation to an adaptation of a work in the same way as they apply in relation to a work.

  (3)   For the purposes of this Act, an artistic work shall be deemed to have been reproduced:

  (a)   in the case of a work in a two - dimensional form--if a version of the work is produced in a three - dimensional form; or

  (b)   in the case of a work in a three - dimensional form--if a version of the work is produced in a two - dimensional form;

and the version of the work so produced shall be deemed to be a reproduction of the work.

  (4)   The last preceding subsection has effect subject to Division   7 of Part   III.

  (5)   For the purposes of this Act, a computer program is taken to have been reproduced if:

  (a)   an object code version of the program is derived from the program in source code by any process, including compilation; or

  (b)   a source code version of the program is derived from the program in object code by any process, including decompilation;

and any such version is taken to be a reproduction of the program.

  (6)   For the purposes of this Act, a sound recording or cinematograph film is taken to have been copied if it is converted into or from a digital or other electronic machine - readable form, and any article embodying the recording or film in such a form is taken to be a copy of the recording or film.

Note:   The reference to the conversion of a sound recording or cinematograph film into a digital or other electronic machine - readable form includes the first digitisation of the recording or film.


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