Document ID: chunk:federal_register_of_legislation:C2024C00854:section:248a:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 248A (pt 1/5)
Character Range: 868190–870854

248A  Interpretation
 (1) In this Part:
20‑year protection period of a performance means the period:
 (a) beginning on the day when the performance was given; and
 (b) ending at the end of 20 calendar years after the calendar year in which the performance was given.
50‑year protection period of a performance means the period:
 (a) beginning on the day when the performance was given; and
 (b) ending at the end of 50 calendar years after the calendar year in which the performance was given.
action means a proceeding of a civil nature between parties and includes a counterclaim.
authorised, in relation to a recording of a performance, means made with the authority of the performer.
cinematograph film includes an article in which visual images are embodied and which is capable of being used to show those images as a moving picture, and a sound‑track associated with those images.
direct, in relation to a sound recording or cinematograph film of a performance, means made directly from the live performance.
exempt recording means:
 (a) an indirect cinematograph film of a performance, being a film made solely for the purpose of the private and domestic use of the person who made it; or
 (aaa) an indirect cinematograph film or sound recording of a performance, being a film or recording that:
 (i) is made from a communication that is a broadcast of the performance; and
 (ii) is made in domestic premises; and
 (iii) is made solely for private and domestic use by watching or listening to the performance at a time more convenient than the time when the broadcast is made; or
 (aa) an indirect sound recording of a performance, being a recording that is a fair dealing with the performance for the purpose of research or study; or
Note: See subsection (1A).
 (b) an indirect cinematograph film of a performance, being a film made solely for the purpose of use in scientific research; or
 (c) a direct or indirect sound recording or cinematograph film of a performance if the recording or film is made:
 (i) by, or on behalf of, the body administering an educational institution; and
 (ii) solely for the educational purposes of that or another educational institution; or
Note: See section 248B.
 (d) a direct or indirect sound recording or cinematograph film of a performance if the recording or film is a fair dealing with the performance for the purpose of one or more persons with a disability having access to copyright material; or
 (e) a direct or indirect sound recording or cinematograph film of a performance if the recording or film is made:
 (i) by, or on behalf of, an organisation assisting persons with a disability; and
 (ii) solely for