Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 248PK

Indictable offence

  (1)   A person commits an offence if:

  (a)   the person possesses, or imports into Australia, a recording of a performance, with the intention of doing any of the following:

  (i)   selling the recording;

  (ii)   letting the recording for hire;

  (iii)   by way of trade offering or exposing the recording for sale or hire;

  (iv)   distributing the recording either for the purpose of trade or to an extent that will affect prejudicially the financial interests of the performer in the performance; and

  (b)   the possession or import occurs during the protection period of the performance; and

  (c)   the recording is an unauthorised 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 possesses, or imports into Australia, a recording of a performance, with the intention of doing any of the following:

  (i)   selling the recording;

  (ii)   letting the recording for hire;

  (iii)   by way of trade offering or exposing the recording for sale or hire;

  (iv)   distributing the recording either for the purpose of trade or to an extent that will affect prejudicially the financial interests of the performer in the performance; and

  (b)   the possession or import occurs during the protection period of the performance; and

  (c)   the recording is an unauthorised 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 possesses, or imports into Australia, a recording of a performance in preparation for, or in the course of, doing any of the following:

  (i)   selling the recording;

  (ii)   letting the recording for hire;

  (iii)   by way of trade offering or exposing the recording for sale or hire;

  (iv)   distributing the recording for trade; and

  (b)   the possession or import occurs during the protection period of the performance; and

  (c)   the recording is an unauthorised 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 .