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COPYRIGHT ACT 1968 - SECT 248C

Exempt recordings cease to be exempt recordings in certain circumstances

  (1)   If any copies of a sound recording or a cinematograph film of a performance, being a sound recording or film that is an exempt recording under paragraph   (h) of the definition of exempt recording in subsection   248A(1), are not destroyed before the end of the period of 12 months beginning on the day on which any of those copies is first used for broadcasting the performance, the sound recording or film shall, at the end of that period, cease to be an exempt recording.

  (1A)   A sound recording, or a copy of a sound recording, ceases to be an exempt recording if it:

  (a)   is an exempt recording because it was made for a purpose mentioned in paragraph   (aaa), (aa), (c), (d), (e), (ea), (eb) or (fa) of the definition of exempt recording in subsection   248A(1); and

  (b)   is used for a purpose not mentioned in those paragraphs without the authority of the performer.

  (2)   A cinematograph film, or a copy of a cinematograph film, ceases to be an exempt recording if it:

  (a)   is an exempt recording because it was made for a purpose mentioned in paragraph   (a), (aaa), (b), (c), (d), (e), (ea), (eb) or (f) of the definition of exempt recording in subsection   248A(1); and

  (b)   is used for a purpose not mentioned in those paragraphs without the authority of the performer.


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