Page:Copyright Act 1987.pdf/158

158 on, or attached to, the copy a notation stating that the copy was made on behalf of that institution and setting out the date on which the copy was made.

(3) In proceedings against a person or body for infringement of copyright in a work in connection with the making, on behalf of an institution assisting handicapped readers, a record embodying a sound recording of the work, or of a part of the work, the person or body is not entitled to rely on section 54(1) unless, at the time the record was made, there was embodied on the record, immediately before the commencement of that sound recording, a sound recording of a prescribed message.

(4) A person who—
 * (a) makes on a copy of the whole or a part of a work, a notation referred to in subsection (1); or
 * (b) makes on, or attaches to, a copy of a sound recording or a cinematograph film a notation of the kind referred to in subsection (2); or
 * (c) causes to be embodied on a record embodying a sound recording a message referred to in subsection (3),

being a notation of message that contains a statement that the person knows, or ought reasonably to know, is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(5) For the purposes of subsections (1), (2) and (3)—
 * (a) where a copy of a work, a sound recording or a cinematograph film is made, or caused to be made, by an authorised officer of a library, or is made by or on behalf of the officer-in-charge of a library, being a library of an institution, the copy shall be deemed to have been made on behalf of the institution;
 * (b) where a copy of a work, a sound recording or a cinematograph film is made, or caused to be made by an authorised officer of a library, or is made by or on behalf of