Document ID: chunk:federal_register_of_legislation:C2024C00854:section:109a
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 109A
Character Range: 276030–277745

109A  Copying sound recordings for private and domestic use
 (1) This section applies if:
 (a) the owner of a copy (the earlier copy) of a sound recording makes another copy (the later copy) of the sound recording using the earlier copy; and
 (b) the sole purpose of making the later copy is the owner's private and domestic use of the later copy with a device that:
 (i) is a device that can be used to cause sound recordings to be heard; and
 (ii) he or she owns; and
 (c) the earlier copy was not made by downloading over the internet a digital recording of a radio broadcast or similar program; and
 (d) the earlier copy is not an infringing copy of the sound recording, a broadcast or a literary, dramatic or musical work included in the sound recording.
 (2) The making of the later copy does not infringe copyright in the sound recording, or in a literary, dramatic or musical work or other subject‑matter included in the sound recording.
 (3) Subsection (2) is taken never to have applied if the earlier copy or the later copy is:
 (a) sold; or
 (b) let for hire; or
 (c) by way of trade offered or exposed for sale or hire; or
 (d) distributed for the purpose of trade or otherwise; or
 (e) used for causing the sound recording to be heard in public; or
 (f) used for broadcasting the sound recording.
Note: If the earlier or later copy is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the later copy but also by a dealing with the later copy.
 (4) To avoid doubt, paragraph (3)(d) does not apply to a loan of the earlier copy or the later copy by the lender to a member of the lender's family or household for the member's private and domestic use.