Unauthorised copying of exempt recording
248PG Unauthorised copying of exempt recording
Indictable offence
A person commits an offence if:
the person makes a copy of a recording of a performance; and
the copy is made during the protection period of the performance; and
the copy is made without the authority of the performer; and
the recording is an exempt recording; and
the copy is not an exempt recording.
Under section 248CA, the protection period of a performance is:
a 20‑year protection period so far as this section relates to a cinematograph film of the performance; and
a 50‑year protection period so far as this section relates to a sound recording of the performance.
An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
A person commits an offence if:
the person makes a copy of a recording of a performance; and
the copy is made during the protection period of the performance; and
the copy is made without the authority of the performer and the person is negligent as to that fact; and
the recording is an exempt recording; and
the copy is not an exempt recording and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
A person commits an offence if:
the person makes a copy of a recording of a performance; and
the copy is made during the protection period of the performance; and
the copy is made without the authority of the performer; and
the recording is an exempt recording; and
the copy is not an exempt recording.
Penalty: 60 penalty units.
Subsection (5) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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