Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135AOD

  (1)   This section permits an action to be brought against a person if:

  (a)   without the authorisation of the broadcaster of a subscription broadcast, the person uses the broadcast, or sounds or images from the broadcast, by way of trade or with the intention of obtaining a commercial advantage or profit; and

  (b)   the use prejudicially affects any of the following persons (the affected parties ):

  (i)   anyone with an interest in the copyright in the broadcast;

  (ii)   anyone with an interest in the copyright in any content of the broadcast;

  (iii)   the channel provider who supplied the broadcaster with the channel for the broadcast; and

  (c)   the person knows, or ought reasonably to know, that the use is not authorised by the broadcaster.

  (2)   The action may be brought by any of the affected parties but only within 6 years of the use.