Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) the owner of a photograph (the original photograph ) makes a reproduction (the main copy ) of it for his or her private and domestic use instead of the original photograph; and
(b) the original photograph itself is not an infringing copy of a work or published edition of a work; and
(c) either:
(i) the original photograph is in hardcopy form and the main copy is in electronic form; or
(ii) the original photograph is in electronic form and the main copy is in hardcopy form; and
(d) at the time the owner makes the main copy, he or she has not made, and is not making, another reproduction of the original photograph that embodies the original photograph in a form substantially identical to the form of the main copy.
For this purpose, disregard a temporary reproduction of the original photograph 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:
(a) in the original photograph; or
(b) in a work, or published edition of a work, included in the original photograph.
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 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 a reproduction of the main copy.
Disposal of original may make the main copy an infringing copy
(6) Subsection (2) is taken never to have applied if the owner of the original photograph disposes of it 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 original photograph 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 original photograph or a work, or published edition of a work, included in the original photograph; 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 original photograph or a work, or published edition of a work, included in the original photograph.