Document ID: chunk:federal_register_of_legislation:C2024C00854:section:203h:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 203H (pt 1/2)
Character Range: 833257–835655

203H  Notation of certain copies etc.
 (1) In proceedings against a person or body for infringement of copyright in a work in connection with the making, by or on behalf of an institution, of a reproduction of the work, or of a part of the work, the person or body is not entitled to rely on section 49 or 50 as justification for the making of the reproduction unless, at or about the time the reproduction was made, there was made on the reproduction a notation stating that the reproduction was made on behalf of that institution and specifying the date on which the reproduction was made.
 (4) A person commits an offence if:
 (a) the person makes a notation described in subsection (1) on a reproduction of a work or part of a work; and
 (b) a statement in the notation is false or misleading in a material particular.
Penalty: 5 penalty units.
 (5) For the purposes of subsection (1):
 (a) if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:
 (i) is made, or caused to be made, by an authorized officer of a library; or
 (ii) is made by, or on behalf of, the officer in charge of a library;
  being a library of an institution, the reproduction or copy is taken to have been made on behalf of the institution; and
 (b) if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:
 (i) is made, or caused to be made, by an authorized officer of a library; or
 (ii) is made by, or on behalf of, the officer in charge of a library;
  being a library that is not a library of an institution:
 (iii) the reproduction or copy is taken to have been made on behalf of the person or body administering the library; and
 (iv) that subsection applies as if references to an institution were references to that person or body; and
 (c) if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:
 (i) is made, or caused to be made, by an authorized officer of archives; or
 (ii) is made by, or on behalf of, the officer in charge of archives;
  then:
 (iii) the reproduction or copy is taken to have been made by or on behalf of the person or body administering the archives; and
 (iv) that subsection applies as if references to an institution were references to that person or body; and
 (d) if a reproduction, or a record embodying a sound recording, of the