Page:Australian Copyright Act 1968 (63 of 1968).pdf/21

 No. 63 43. The copyright in a literary, dramatic, musical or artistic work is not infringed by anything done for the purposes of a judicial proceeding. or of a report of a judicial proceeding.

44.—(1.) The copyright in a published literary, dramatic, musical or artistic work is not infringed by the inclusion of a short extract from the work, or, in the case of a published literary, dramatic or musical work,. from an adaptation of the work, in a collection of literary, dramatic, musical or artistic works contained in a book, sound recording or cinematograph film and intended for use by places of education if—
 * (a) the collection is described in an appropriate place in the book, on the label of each record embodying the recording or of its container, or in the film, as being intended for use by places of education;
 * (b) the work or adaptation was not published for the purpose of being used by places of education;
 * (c) the collection consists principally of matter in which copyright does not subsist; and
 * (d) a sufficient acknowledgement of the work or adaptation is made.

(2.) The last preceding sub-section does not apply in relation to the copyright in a work if, in addition to the extract concerned, two or more other extracts from, or from adaptations of, works (being works in which copyright subsists at the time when the collection is published) by the author of the first-mentioned work are contained in that collection, or are contained in that collection taken together with every similar collection, if any, of works intended for use by places of education and published by the same publisher within the period of five years immediately preceding the publication of the first-mentioned collection. Division 4.—Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works.

45. The reading or recitation in public, or the inclusion in a sound broadcast or television broadcast of a reading or recitation, of an extract of reasonable length from a published literary or dramatic work, or from an adaptation of such a work, does not constitute an infringement of the copyright in the work if a sufficient acknowledgement of the work is made.

46. Where a literary, dramatic or musical work, or an adaptation of such a work, is performed in public, by the operation of wireless telegraphy apparatus or by the use of a record, at premises where persons reside or sleep, as part of the amenities provided exclusively for residents or inmates of the premises or for those residents or inmates and their guests, the performance does not constitute an infringement of the copyright in the work.