Document ID: chunk:federal_register_of_legislation:C2004A01110:clause:1_44e
Version: federal_register_of_legislation:C2004A01110
Segment Type: clause
Provision Reference: sch 1 cl 44E
Character Range: 7995–8632

44E  Importation and sale etc. of copies of computer programs

  The copyright in a literary work:
 (a) that is a computer program; and
 (b) that has been published in Australia or a qualifying country;
is not infringed by a person who:
 (c) imports into Australia an article that has embodied in it a non‑infringing copy of the program; or
 (d) does an act mentioned in section 38 involving an article that has embodied in it a non‑infringing copy of the program and that has been imported into Australia by anyone.

Note: Section 130B deals with the burden of proof a defendant bears in a civil action for infringement of copyright.