Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_135zzzi:p1
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 135ZZZI (pt 1/2)
Character Range: 147507–150300

135ZZZI  Re‑broadcasts by satellite BSA licensees

Copyright in a work, sound recording or cinematograph film included in an eligible program

 (1) The copyright in a work, sound recording or cinematograph film included in a broadcast of an eligible program is not infringed by the re‑broadcast of the eligible program if:
 (a) the eligible program is re‑broadcast by a satellite BSA licensee; and
 (b) the eligible program is re‑broadcast on a service authorised by the satellite BSA licensee's satellite BSA licence; and
 (c) the re‑broadcast of the eligible program complies with the conditions of the satellite BSA licensee's satellite BSA licence that are set out in clause 7A of Schedule 2 to the Broadcasting Services Act 1992; and
 (d) a remuneration notice given by the satellite BSA licensee to the relevant collecting society is in force; and
 (e) the original broadcaster of the eligible program was specified in the remuneration notice; and
 (f) the satellite BSA licensee complies with section 135ZZZL.

Copyright in a broadcast of an eligible program

 (2) The copyright in a broadcast of an eligible program is not infringed by the re‑broadcast of the eligible program if:
 (a) the eligible program is re‑broadcast by a satellite BSA licensee; and
 (b) the eligible program is re‑broadcast on a service authorised by the satellite BSA licensee's satellite BSA licence; and
 (c) the re‑broadcast of the eligible program complies with the conditions of the satellite BSA licensee's satellite BSA licence that are set out in clause 7A of Schedule 2 to the Broadcasting Services Act 1992; and
 (d) any of the following conditions is satisfied:
 (i) there is an agreement in force between the satellite BSA licensee and the owner of the copyright in the broadcast of the eligible program as to the amount payable by the satellite BSA licensee to the owner of the copyright for the re‑broadcast of eligible programs during a particular period;
 (ii) if there is no agreement—there is in force a determination of the Copyright Tribunal under section 153RA of the amount payable by the satellite BSA licensee to the owner of the copyright in the broadcast of the eligible program for the re‑broadcast of eligible programs during a particular period;
 (iii) if there is no agreement or determination—the satellite BSA licensee has given the owner of the copyright in the broadcast of the eligible program a written undertaking to pay to the owner of the copyright such amount as is determined by the Copyright Tribunal under section 153RA for the re‑broadcast of eligible programs during a particular period; and
 (e) the eligible program is re‑broadcast by the satellite BSA licensee during the period mentioned in whichever of subparagraphs (d)(i), (ii) or (iii) applies.

Making a