-- JonathanMo - 14 Sep 2015

What Constitutes an Infringement of Copyright?

In simple terms, the copyright in a literary, dramatic, musical or artistic work or recordings, films or broadcasts:

is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorises the doing in Australia, of any act comprised in the copyright.

(See sections 36(1) and 101(1).)

Sections 37-39 and 101-102 add to the generality of the above statement by identifying infringements by virtue of:
  • unlicensed importation of the copyright good for sale and hire
  • sale and other dealings
  • permitting a place of public entertainment to be used for performance of the work
  • infringing copies made photocopying machines in libraries and archives.

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