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COPYRIGHT ACT 1968 - SECT 248QE

Distributing unauthorised sound recording

Indictable offences

  (1)   A person commits an offence if:

  (a)   the person distributes a sound recording of a performance, with the intention of trade; and

  (b)   the distribution occurs during the 50 - year protection period of the performance; and

  (c)   the recording is an unauthorised recording.

  (2)   A person commits an offence if:

  (a)   the person distributes a sound recording of a performance; and

  (b)   the distribution occurs during the 50 - year protection period of the performance; and

  (c)   the distribution will affect prejudicially the financial interests of the performer in the performance; and

  (d)   the recording is an unauthorised recording.

  (3)   An offence against subsection   (1) or (2) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.

Note:   A corporation may be fined up to 5 times the amount of the maximum fine (see subsection   4B(3) of the Crimes Act 1914 ).

Summary offences

  (4)   A person commits an offence if:

  (a)   the person distributes a sound recording of a performance, with the intention of trade; and

  (b)   the distribution occurs during the 50 - year protection period of the performance; and

  (c)   the recording is an unauthorised recording and the person is negligent as to that fact.

Penalty:   120 penalty units or imprisonment for 2 years, or both.

  (5)   A person commits an offence if:

  (a)   the person distributes a sound recording of a performance; and

  (b)   the distribution occurs during the 50 - year protection period of the performance; and

  (c)   the distribution will affect prejudicially the financial interests of the performer in the performance; and

  (d)   the recording is an unauthorised recording and the person is negligent as to that fact.

Penalty:   120 penalty units or imprisonment for 2 years, or both.

  (6)   An offence against subsection   (4) or (5) is a summary offence, despite section   4G of the Crimes Act 1914 .

Strict liability offence

  (7)   A person commits an offence if:

  (a)   the person distributes a sound recording of a performance in preparation for, or in the course of, trade; and

  (b)   the distribution occurs during the 50 - year protection period of the performance; and

  (c)   the recording is an unauthorised recording.

Penalty:   60 penalty units.

  (9)   Subsection   (7) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .


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