Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:8_1b
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 8 cl 1B
Character Range: 174820–177018

1B  At the end of section 28
Add:

 (5) A communication of a literary, dramatic or musical work, a sound recording or a cinematograph film is taken for the purposes of this Act not to be a communication to the public if the communication is made merely to facilitate:
 (a) a performance of the work that, because of this section, is not a performance in public; or
 (b) an act of causing sounds forming part of the recording to be heard that, because of this section, is not an act of causing the sound recording to be heard in public; or
 (c) an act of causing visual images or sounds forming part of the cinematograph film to be seen or heard that, because of this section, is not an act of causing the film to be seen or heard in public.

 (6) A communication of a television broadcast or sound broadcast is taken for the purposes of this Act not to be a communication of the broadcast, or of a work or other subject‑matter included in the broadcast, to the public if:
 (a) the communication is made merely to facilitate the television broadcast being seen and heard, or the sound broadcast being heard, in class or otherwise in the presence of an audience, in the course of educational instruction that:
 (i) is given by a teacher; and
 (ii) is not given for profit; and
 (b) the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.

 (7) A communication of an artistic work is taken for the purposes of this Act not to be a communication of the work to the public if:
 (a) the communication is made merely to facilitate the work being seen in class or otherwise in the presence of an audience, in the course of educational instruction that:
 (i) is given by a teacher; and
 (ii) is not given for profit; and
 (b) the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.

Note: The heading to section 28 is altered by inserting "and communication" after "Performance".

Part 2—Educational copying of communications of free‑to‑air broadcasts

Division 1—Main amendments

Copyright Act 1968