Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_113a
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 113A
Character Range: 73257–74560

113A  At the end of section 135H
Add:

 (3) If:
 (a) a broadcast is copied by, or on behalf of, an administering body, or is taken under this subsection to have been so copied; and
 (b) the copy is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and
 (c) the copy remains so available online for longer than the prescribed period;
then, when that period ends:
 (d) the broadcast is taken to have been copied again by, or on behalf of, the body; and
 (e) the copy mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

 (4) For the purposes of subsection (1), an amount of equitable remuneration must be determined (whether by agreement or by the Copyright Tribunal) having regard to:
 (a) copies and communications to which paragraphs (3)(d) and (e) apply; and
 (b) such matters (if any) as are prescribed; and
 (c) such other matters (if any) as are relevant in the circumstances.

 (5) In this section:

prescribed period means the period of 12 months, or if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (3), that other period.