Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 248PG

Indictable offence

  (1)   A person commits an offence if:

  (a)   the person makes a copy of a recording of a performance; and

  (b)   the copy is made during the protection period of the performance; and

  (c)   the copy is made without the authority of the performer; and

  (d)   the recording is an exempt recording; and

  (e)   the copy is not an exempt recording.

Note:   Under section   248CA, the protection period of a performance is:

(a)   a 20 - year protection period so far as this section relates to a cinematograph film of the performance; and

(b)   a 50 - year protection period so far as this section relates to a sound recording of the performance.

  (2)   An offence against subsection   (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.

Note:   A corporation may be fined up to 5 times the amount of the maximum fine (see subsection   4B(3) of the Crimes Act 1914 ).

Summary offence

  (3)   A person commits an offence if:

  (a)   the person makes a copy of a recording of a performance; and

  (b)   the copy is made during the protection period of the performance; and

  (c)   the copy is made without the authority of the performer and the person is negligent as to that fact; and

  (d)   the recording is an exempt recording; and

  (e)   the copy is not an exempt recording and the person is negligent as to that fact.

Penalty:   120 penalty units or imprisonment for 2 years, or both.

  (4)   An offence against subsection   (3) is a summary offence, despite section   4G of the Crimes Act 1914 .

Strict liability offence

  (5)   A person commits an offence if:

  (a)   the person makes a copy of a recording of a performance; and

  (b)   the copy is made during the protection period of the performance; and

  (c)   the copy is made without the authority of the performer; and

  (d)   the recording is an exempt recording; and

  (e)   the copy is not an exempt recording.

Penalty:   60 penalty units.

  (6)   Subsection   (5) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .