Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 43C

  (1)   This section applies if:

  (a)   the owner of a book, newspaper or periodical publication makes from it a reproduction (the main copy ) of a work contained in the book, newspaper or periodical publication; and

  (b)   the main copy is made for his or her private and domestic use instead of the work as contained in the book, newspaper or periodical publication; and

  (c)   the main copy embodies the work in a form different from the form in which the work is embodied in the book, newspaper or periodical publication; and

  (d)   the book, newspaper or periodical publication itself is not an infringing copy of either the work or a published edition of the work; and

  (e)   at the time the owner makes the main copy, he or she has not made, and is not making, another copy that embodies the work in a form substantially identical to the form of the main copy.

For this purpose, disregard a temporary reproduction of the work incidentally made as a necessary part of the technical process of making the main copy.

  (2)   The making of the main copy is not an infringement of copyright in the work or a published edition of the work.

Dealing with main copy may make it an infringing copy

  (3)   Subsection   (2) is taken never to have applied if the main 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.

Note:   If the main copy is dealt with as described in subsection   (3), then copyright may be infringed not only by the making of the main copy but also by the dealing with the main copy.

  (4)   To avoid doubt, paragraph   (3)(d) does not apply to a loan of the main copy by the lender to a member of the lender's family or household for the member's private and domestic use.

Reproducing work from main copy may infringe copyright

  (5)   Subsection   (2) does not prevent the main copy from being an infringing copy for the purpose of working out whether this section applies again in relation to the making of another reproduction of the work from the main copy.

Disposal of book etc. may make the main copy an infringing copy

  (6)   Subsection   (2) is taken never to have applied if the owner of the book, newspaper or periodical publication disposes of it (in the form from which the main copy was made) to another person.

Status of temporary reproduction

  (7)   If subsection   (2) applies to the making of the main copy only as a result of disregarding the incidental making of a temporary reproduction of the work as a necessary part of the technical process of making the main copy, then:

  (a)   if the temporary reproduction is destroyed at the first practicable time during or after the making of the main copy--the making of the temporary reproduction does not infringe copyright in the work or a published edition of the work; or

  (b)   if the temporary reproduction is not destroyed at that time--the making of the temporary reproduction is taken always to have infringed copyright (if any) subsisting in the work and the published edition of the work from which the main copy was made.