ATTACHMENT A Suggested amendments to proposed section 113P(2) of the Copyright Act Broadcasts (2) The body administering an educational institution does not infringe copyright in copyright material by copying, or communicating a copy of, the whole or a part of the copyright material if: (a) a broadcasts remuneration notice in relation to the educational institution is in force; and (b) the copyright material is: (i) a broadcast; or (ii) a work, sound recording or cinematographic film included in a broadcast; or (iii) the content of a freetoair broadcast, if the broadcaster made the content available online at or after the time of the broadcast; or (iv) the content of a free-to-air broadcast, if the content was electronically transmitted using the internet at, or at substantially, the same time as the broadcast; and (c) the copying or communicating occurs solely for the educational purposes of: (i) the educational institution; or (ii) another educational institution, if a broadcasts remuneration notice in relation to the other educational institution is in force; and (d) the amount of the copyright material copied or communicated does not unreasonably prejudice the legitimate interests of the owner of the copyright material; and (e) the copying or communicating complies with: (i) any relevant agreement between the broadcasts collecting society and the body administering the educational institution; and (ii) any relevant determination made by the Copyright Tribunal under subsection (4); and (f) where the copyright material referred to in section 113P(2)(b)(i) or section 113P(2)(b)(ii) is a subscription broadcast, the educational institution has been authorised by the broadcaster to access the broadcast in intelligible form. to have the following meaning: ‘Broadcaster’ means a person licensed under the to provide a broadcaster Broadcasting Services Act 1992 broadcasting service (as defined in that Act). Broadcast’ to have the following meaning is the same as in Part VAA of the Act, ‘Subscription as set out in section 135AL): means a broadcast that is encrypted and is made available by the broadcaster subscription broadcast only to persons authorised by the broadcaster to access the broadcast in intelligible form.
ATTACHMENT A Suggested amendments to proposed section 113P(2) of the Copyright Act Broadcasts (2) The body administering an educational institution does not infringe copyright in copyright material by copying, or communicating a copy of, the whole or a part of the copyright material if: (a) a broadcasts remuneration notice in relation to the educational institution is in force; and (b) the copyright material is: (i) a broadcast; or (ii) a work, sound recording or cinematographic film included in a broadcast; or (iii) the content of a freetoair broadcast, if the broadcaster made the content available online at or after the time of the broadcast; or (iv) the content of a free-to-air broadcast, if the content was electronically transmitted using the internet at, or at substantially, the same time as the broadcast; and (c) the copying or communicating occurs solely for the educational purposes of: (i) the educational institution; or (ii) another educational institution, if a broadcasts remuneration notice in relation to the other educational institution is in force; and (d) the amount of the copyright material copied or communicated does not unreasonably prejudice the legitimate interests of the owner of the copyright material; and (e) the copying or communicating complies with: (i) any relevant agreement between the broadcasts collecting society and the body administering the educational institution; and (ii) any relevant determination made by the Copyright Tribunal under subsection (4); and (f) where the copyright material referred to in section 113P(2)(b)(i) or section 113P(2)(b)(ii) is a subscription broadcast, the educational institution has been authorised by the broadcaster to access the broadcast in intelligible form. ‘Broadcaster’ to have the following meaning: broadcaster means a person licensed under the Broadcasting Services Act 1992 to provide a broadcasting service (as defined in that Act). ‘Subscription Broadcast’ to have the following meaning is the same as in Part VAA of the Act, as set out in section 135AL): subscription broadcast means a broadcast that is encrypted and is made available by the broadcaster only to persons authorised by the broadcaster to access the broadcast in intelligible form.
astra-subscription-medial-australia.docx