Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 25

Provisions relating to broadcasting

             (1)  A reference in this Act to broadcasting shall, unless the contrary intention appears, be read as a reference to broadcasting whether by way of sound broadcasting or of television.

             (2)  A reference in this Act to the doing of an act by the reception of a television broadcast or sound broadcast shall be read as a reference to the doing of that act by means of receiving a broadcast:

                     (a)  from the transmission by which the broadcast is made; or

                     (b)  from a transmission made otherwise than by way of broadcasting, but simultaneously with the transmission referred to in the last preceding paragraph;

whether the reception of the broadcast is directly from the transmission concerned or from a re‑transmission made by any person from any place.

             (3)  Where a record embodying a sound recording or a copy of a cinematograph film is used for the purpose of making a broadcast (in this subsection referred to as the primary broadcast ), a person who makes a broadcast (in this subsection referred to as the secondary broadcast ) by receiving and making a retransmission of:

                     (a)  the transmission by which the primary broadcast was made; or

                     (b)  a transmission made otherwise than by way of broadcasting but simultaneously with the transmission referred to in the last preceding paragraph;

shall, for the purposes of this Act, be deemed not to have used the record or copy for the purpose of making the secondary broadcast.

             (4)  In this Act:

                     (a)  a reference to a cinematograph film of a television broadcast shall be read as including a reference to a cinematograph film, or a photograph, of any of the visual images comprised in the broadcast; and

                     (b)  a reference to a copy of a cinematograph film of a television broadcast shall be read as including a reference to a copy of a cinematograph film, or a reproduction of a photograph, of any of those images.



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