Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_87
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 87
Character Range: 33894–34618

87  After subsection 101(1)
Insert:

 (1A) In determining, for the purposes of subsection (1), whether or not a person has authorised the doing in Australia of any act comprised in a copyright subsisting by virtue of this Part without the licence of the owner of the copyright, the matters that must be taken into account include the following:
 (a) the extent (if any) of the person's power to prevent the doing of the act concerned;
 (b) the nature of any relationship existing between the person and the person who did the act concerned;
 (c) whether the person took any other reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant industry codes of practice.