Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 85

Nature of copyright in sound recordings

             (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:

                     (a)  to make a copy of the sound recording;

                     (b)  to cause the recording to be heard in public;

                     (c)  to communicate the recording to the public;

                     (d)  to enter into a commercial rental arrangement in respect of the recording.

             (2)  Paragraph (1)(d) does not extend to entry into a commercial rental arrangement in respect of a sound recording if:

                     (a)  the copy of the sound recording was purchased by a person ( the record owner ) before the commencement of Part 2 of the Copyright (World Trade Organization Amendments) Act 1994 ; and

                     (b)  the commercial rental arrangement is entered into in the ordinary course of a business conducted by the record owner; and

                     (c)  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.



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