s 44E
In forceImportation and sale etc. of copies of computer programs
Part IIICopyright in original literary, dramatic, musical and artistic works
Division 3Acts not constituting infringements of copyright in works
44E Importation and sale etc. of copies of computer programs
(1)
The copyright in a literary work:
(a)
that is a computer program; and
(b)
that has been published in Australia or a qualifying country;
is not infringed by a person who:
(c)
imports into Australia an article that has embodied in it a non‑infringing copy of the program; or
(d)
does an act mentioned in section 38 involving an article that has embodied in it a non‑infringing copy of the program and that has been imported into Australia by anyone.
Note:
Section 130B deals with the burden of proof a defendant bears in a civil action for infringement of copyright.
(2)
The definition of article in section 38 does not affect this section.
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