Import of non‑infringing copy of sound recording does not infringe copyright in works recorded
44D Import of non‑infringing copy of sound recording does not infringe copyright in works recorded
The copyright in a literary, dramatic or musical work is not infringed by a person who:
imports into Australia a non‑infringing copy of a sound recording of the work; or
does an act described in section 38 involving an article that is a non‑infringing copy of a sound recording of the work and has been imported into Australia by anyone.
In a civil action for infringement of copyright, a copy of a sound recording is presumed not to be a non‑infringing copy of the sound recording unless the defendant proves it is. See section 130A.
This section applies to a copy of a sound recording only if, when the copy is imported into Australia, the sound recording has been published:
in Australia; or
in another country (the publication country) by or with the consent of:
the owner of the copyright or related right in the sound recording in the publication country; or
the owner of the copyright or related right in the sound recording in the country (the original recording country) in which the sound recording was made, if the law of the publication country did not provide for copyright or a related right in sound recordings when publication occurred; or
the maker of the sound recording, if neither the law of the publication country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when publication occurred.
Subsection 29(6) deals with unauthorised publication.
In subsection (2):
owner of the copyright or related right in the sound recording means the owner at the time publication of the sound recording occurred.
The definition of article in section 38 does not affect this section.
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