Page:Australian Copyright Act 1968 (63 of 1968).pdf/45

 No. 63 105. Copyright subsisting in a sound recording by virtue only of sub-section (3.) of section 89 of this Act is not infringed by the causing of the recording to be heard in public or by the broadcasting of the recording.

106.—(1.) Where a sound recording is caused to be heard in public―
 * (a) 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; or
 * (b) as part of the activities of, or for the benefit of, a club, society or other organization that is not established or conducted for profit and the principal objects of which are charitable or are otherwise concerned with the advancement of religion, education or social welfare,

the act of causing the recording to be so heard does not constitute an infringement of the copyright in the recording.

(2.) The last preceding sub-section does not apply—
 * (a) in relation to premises of a kind referred to in paragraph (a) of that sub-section, if a specific charge is made for admission to the part of the premises where the recording is to be heard; or
 * (b) in relation to an organization of a kind referred to in paragraph (b) of that sub-section, if a charge is made for admission to the place where the recording is to be heard and any of the proceeds of the charge are applied otherwise than for the purposes of the organization.

(3.) A reference in the last preceding sub-section to a specific charge, or a charge, made for admission includes a reference to a specific charge, or a charge, made partly for admission and partly for other purposes.

107.—(1.) Where the broadcasting by a person of a sound recording would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the recording but the making by the person of a record embodying the recording would, apart from this sub-section, constitute such an infringement, the copyright in the recording is not infringed by his making a record embodying the recording in association with other matter solely for the purpose of the broadcasting of the recording in association with the other matter.

(2.) The last preceding sub-section does not apply in relation to a record if the record is used for a purpose other than―
 * (a) the broadcasting of the recording in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the recording; or
 * (b) the making of further records embodying the recording for the purpose of the broadcasting of the recording in such circumstances.