Document ID: chunk:federal_register_of_legislation:C2024C00854:section:248a:p3
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 248A (pt 3/5)
Character Range: 873065–875601

cinematograph film of a performance made by a broadcaster who has the authority of the performer to broadcast the performance, being a recording or film made solely for the purpose of making that broadcast; or
 (j) a direct or indirect sound recording or cinematograph film of a performance made by a person who reasonably believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the recording or film by the person; or
 (ja) a copy of a sound recording if:
 (i) paragraph (aa), (c), (d), (e), (ea), (eb), (fa), (g) or (j) applies to the sound recording; and
 (ii) the copy is made solely for a purpose mentioned in any of those paragraphs (other than paragraph (j)); or
 (k) a copy of a cinematograph film if:
 (i) paragraph (a), (b), (c), (d), (e), (ea), (eb), (f), (g) or (j) applies to the film; and
 (ii) the copy is made solely for a purpose mentioned in any of those paragraphs (other than paragraph (j)); or
 (m) a copy of a sound recording or cinematograph film referred to in paragraph (h), being a copy made solely for the purpose referred to in that paragraph; or
 (n) a copy of a sound recording or cinematograph film of a performance if:
 (i) paragraph (j) applies to the recording or film; and
 (ii) the copy is made by a person who believes, due to a fraudulent or innocent representation made to the person, that the performer has authorised the making of the copy; or
 (p) a copy of an authorised recording of a performance, other than a copy of an authorised sound recording where the copy was made for use in a sound‑track but the making of the sound recording was not authorised for the purpose of use in a sound‑track.
indirect, in relation to a sound recording or cinematograph film of a performance, means made from a communication of the performance.
performance means:
 (a) a performance (including an improvisation) of a dramatic work, or part of such a work, including such a performance given with the use of puppets; or
 (b) a performance (including an improvisation) of a musical work or part of such a work; or
 (c) the reading, recitation or delivery of a literary work, or part of such a work, or the recitation or delivery of an improvised literary work; or
 (d) a performance of a dance; or
 (e) a performance 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