Page:Australian Copyright Act 1968 (63 of 1968).pdf/11

 No. 63 23.—(1.) For the purposes of this Act, sounds embodied in a sound-track associated with visual images forming part of cinematograph film shall be deemed not to be a sound recording.

(2.) A reference in this Act to a record of a work or other subject-matter shall, unless the contrary intention appears, be read as a reference to a record by means of which the work or other subject-matter can be performed.

24. For the purposes of this Act, sounds or visual images shall be taken to have been embodied in an article or thing if the article or thing has been so treated in relation to those sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing.

25.—(1.) A reference in this Act to broadcasting shall, unless the contrary intention appears, be read as a reference to broadcasting whether by way of sound broadcasting or of television.

(2.) A reference in this Act to the doing of an act by the reception of a television broadcast or sound broadcast shall be read as a reference to the doing of that act by means of receiving a broadcast—
 * (a) from the transmission by which the broadcast is made; or
 * (b) from a transmission made otherwise than by way of broadcasting, but simultaneously with the transmission referred to in the last preceding paragraph,

whether the reception of the broadcast is directly from the transmission concerned or from a re-transmission made by any person from any place.

(3.) Where a record embodying a sound recording or a copy of a cinematograph film is used for the purpose of making a broadcast (in this sub-section referred to as “the primary broadcast”), a person who makes a broadcast (in this sub-section referred to as “the secondary broadcast”) by receiving and simultaneously making a further transmission of—
 * (a) the transmission by which the primary broadcast was made; or
 * (b) a transmission made otherwise than by way of broadcasting but simultaneously with the transmission referred to in the last preceding paragraph,

shall, for the purposes of this Act, be deemed not to have used the record or copy for the purpose of making the secondary broadcast.

(4.) In this Act―
 * (a) a reference to a cinematograph film of a television broadcast shall be read as including a reference to a cinematograph film, or a photograph, of any of the visual images comprised in the broadcast; and
 * (b) a reference to a copy of a cinematograph film of a television broadcast shall be read as including a reference to a copy of a cinematograph film, or a reproduction of a photograph, of any of those images.