Document ID: chunk:federal_register_of_legislation:C2024C00854:section:248a:p4
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 248A (pt 4/5)
Character Range: 875382–877992

of a circus act or a variety act or any similar presentation or show; or
 (f) a performance of an expression of folklore;
being a live performance:
 (g) that is given in Australia, whether in the presence of an audience or otherwise; or
 (h) that is given by one or more qualified persons (even if it is also given by one or more persons who are not qualified persons), whether in the presence of an audience or otherwise.
performer, in relation to a performance that is given outside Australia, does not include a person who is not a qualified person at the time of the performance.
protection period, in relation to a performance, has the meaning given by section 248CA.
qualified person means an Australian citizen or a person resident in Australia.
recording means a sound recording or cinematograph film, other than an exempt recording.
sound recording includes an article in which sounds are embodied.
unauthorised, in relation to a recording of a performance, means made without the authority of the performer.
unauthorised use has the meaning given by section 248G.
 (1A) For the purposes of paragraph (aa) of the definition of exempt recording, in determining whether a recording is a fair dealing with a performance for the purpose of research or study, regard must be had to the following matters:
 (a) the purpose and character of the recording;
 (b) the nature of the performance;
 (c) the possibility of obtaining an authorised recording of the performance within a reasonable time at an ordinary commercial price;
 (d) the effect of the recording upon the potential market for, or the value of, authorised recordings of the performance;
 (e) if only part of the performance is recorded—the amount and substantiality of the part recorded when compared to the whole performance.
 (2) The following shall be taken not to be performances for the purposes of this Part:
 (a) a performance referred to in subsection 28(1);
 (b) a reading, recital or delivery of any item of news and information;
 (c) a performance of a sporting activity; or
 (d) a participation in a performance as a member of an audience.
 (3) In this Part:
 (a) a reference to the doing of an act in relation to a performance includes a reference to the doing of that act in relation to a substantial part of the performance;
 (b) a reference to the doing of an act in relation to a performance, or a recording of a performance, with the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where each of the performers has authorised the doing of the act;
 (c) a reference to the