Page:Australian Copyright Act 1968 (63 of 1968).pdf/49

 No. 63 (2.) The last preceding sub-section does not apply in relation to a reproduction of a part of an edition unless—
 * (a) the reproduction is supplied only to a person who satisfies the librarian, or a person acting on behalf of the librarian, that he requires the reproduction for the purpose of research or private study and that he will not use it for any other purpose or, if the person to whom the reproduction is supplied is a member of a Parliament and the librarian is the librarian of a library the principal purpose of which is to provide library services for members of that Parliament, that he requires the reproduction for the purpose of the performance of his duties as such a member and that he will not use it for any other purpose;
 * (b) the person to whom the reproduction is supplied has not previously been supplied by the librarian, or by a person acting on behalf of the librarian, with a reproduction of the same part of the edition;
 * (c) where the reproduction is supplied to a person other than a member of a Parliament-the person is required to pay for the reproduction an amount not less than the cost of making the reproduction; and
 * (d) the reproduction contains only a reasonable portion of the edition.

(3.) The regulations may exclude the application of sub-section (1.) of this section in such cases as are specified in the regulations. Division 7.—Miscellaneous.

113.—(1.) Subject to sub-section (2.) of section 110 of this Act, where copyright subsists in any subject-matter by virtue of this Part, nothing in this Part shall be taken to affect the operation of Part III. in relation to any literary, dramatic, musical or artistic work from which that subject-matter is wholly or partly derived, and any copyright subsisting by virtue of this Part is in addition to, and independent of, any copyright subsisting by virtue of Part III.

(2.) The subsistence of copyright under any provision of this Part does not affect the operation of any other provision of this Part under which copyright can subsist.    Division 1.—Preliminary.

114.—(1.) In this Part, “action” means a proceeding of a civil nature between parties, and includes a counterclaim.

(2.) In the application of this Part in relation to a counterclaim, references to the plaintiff and to the defendant shall be read as references to the defendant and to the plaintiff, respectively. Division 2.—Actions by Owner of Copyright.

115.—(1.) Subject to this Act, the owner of a copyright may bring an action for an infringement of the copyright. 