Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_71
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 71
Character Range: 200882–201639

71  After subsection 248A(1)
Insert:

 (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.