Section 16A — COPYRIGHT ACT 1987

(a)

the communication to the public of a performance, except where the performance used in such communication is itself a live broadcast performance;

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(b)

the fixation of an unfixed performance;

(c)

the reproduction of the fixation of a performance;

(d)

the first distribution to the public of a fixation of a performance, or copies thereof, through sale or other transfer of ownership; and

(e)

the commercial rental to the public of a fixation of a performance, or copies thereof, irrespective of the ownership of the copy rented.

(2)

A performer shall cease to have the exclusive right under paragraph (1)(b) once he has given consent to the fixation of his performance.

(3)

Notwithstanding subsection (1), the right to control under that subsection does not include the right to control—

(a)

a direct or an indirect sound recording or an indirect film of a performance —

(i)

being a sound recording or film made solely for the purpose of the private and domestic use of the person who made it; or

(ii)

being a sound recording or film made solely for the purpose of use in scientific research;

(b)

a direct or indirect sound recording or film of a performance—

(i)

made for the purpose of, or associated with, the reporting of news or current events;

(ii)

made for the purpose of criticism or review; or

(iii)

made for the purpose of a judicial proceeding, a proceeding of a royal commission or legislative body, a statutory or Governmental inquiry, or the report of any such proceeding or inquiry, or for

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the purpose of the giving of professional advice by a legal practitioner;

(c)

an indirect sound recording or film of a performance—

(i)

being a sound recording or film made by, or on behalf of, the body administering an educational institution solely for the educational purposes of that institution or of another educational institution; or

(ii)

being a sound recording or film made by a person with print disability himself or any other person acting on his behalf including his caregiver, or an authorized entity or a non-profit making body or institution, solely for the purpose of assisting people who are hearing impaired or persons with print disability;

(d)

a direct sound recording or film of a performance made by or under the direction or control of a broadcasting service who has the consent of the performer to broadcast the performance, and such recording or film is destroyed before the end of the period of six months immediately following the making of the recording or film or such longer period as may be agreed between the broadcasting service and the performer;

(e)

a direct or an indirect sound recording or an indirect film of a performance made by a person who reasonably believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorized the making of the recording by the person;

(f)

a copy of a sound recording or film referred to in paragraphs (a), (b), (c) and (d), being a copy made solely for a purpose referred to in any of those paragraphs;

(g)

a copy of a sound recording or film referred to in paragraph

(e)

, being a copy made solely for the purpose referred to in that paragraph; and

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(h)

a copy of a sound recording or film referred to in paragraph (f), being a copy made—

(i)

by a person who believes, due to a fraudulent or innocent representation made to the person, that the performer has consented to the making of the copy; or

(ii)

solely for a purpose referred to in paragraphs (a),

(b)

, (c) and (d).

(4)

For the purpose of this section—

“direct” in relation to a sound recording or film of a performance, means made directly from a performance;

“indirect” in relation to a sound recording or film of a performance, means made from a broadcast or re-broadcast of the performance.

Equitable remuneration