Document ID: chunk:federal_register_of_legislation:C2024C00854:section:10aa
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 10AA
Character Range: 83549–85865

10AA  Non‑infringing copy of a sound recording

Minimum requirements
 (1) A copy of a sound recording is a non‑infringing copy only if it is made by or with the consent of:
 (a) the owner of the copyright or related right in the sound recording in the country (the copy country) in which the copy was made; or
 (b) the owner of the copyright or related right in the sound recording in the country (the original recording country) in which the sound recording was made, if the law of the copy country did not provide for copyright or a related right in sound recordings when the sound recording was made; or
 (c) the maker of the sound recording, if neither the law of the copy country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when the sound recording was made.

Extra requirements for copies of recordings of works subject to Australian copyright
 (2) If the sound recording is of a work that is a literary, dramatic or musical work in which copyright subsists in Australia, the copy is a non‑infringing copy only if:
 (a) copyright subsists in the work under the law of the copy country; and
 (b) the making of the copy does not infringe the copyright in the work under the law of the copy country; and
 (c) the copy country meets the requirements of subsection (3).
To avoid doubt, the requirements of this subsection are additional to those of subsection (1).

Requirements for copy country
 (3) The copy country mentioned in subsection (2) must:
 (a) be a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or
 (b) be a member of the World Trade Organization and have a law that provides consistently with the TRIPS Agreement for:
 (i) the ownership and duration of copyright in literary, dramatic and musical works; and
 (ii) the owner of the copyright in the work to have rights relating to the reproduction of the work.

Australian copyright may result from Act or regulations
 (4) For the purposes of subsection (2) it does not matter whether the copyright in the work subsists in Australia as a result of this Act or as a result of the regulations made for the purposes of section 184.