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COPYRIGHT AMENDMENT BILL 1986

Order of the Day read for the adjourned debate on the motion of the Minister for Resources and Energy (Senator Evans)-That this Bill be now read a second time.

Debate resumed.

Question-put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

Senator Durack moved an amendment, viz: Page 9, after clause 13, insert the following new clause:

""13a. After section 112 of the Principal Act, the following section is inserted in Division 6 of Part IV:

Use of certain broadcasts by educational institutions

"112a. (1) This section applies to a television broadcast and a sound broadcast in which copyright subsists in the Australian Broadcasting Corporation or in the Special Broadcasting Service or in both of those bodies jointly.

"(2) The copyright in a television broadcast or a sound broadcast to which this section applies is not infringed by-

(a) the making of a cinematograph film or a sound recording of the whole or part of the broadcast; or

(b) the rebroadcast of the whole or a part of the broadcast,

where the making of the film or recording or the rebroadcast is undertaken by or on behalf of an educational institution and is reasonably required for the teaching purposes of that institution or of any other educational institution.

"(3) For the purposes of sub-section (2), and without limiting the generality of that sub-section, the making of a film or recording or a rebroadcast shall be taken to have been undertaken for the teaching purposes of an educational institution where-

(a) it is undertaken in connection with a course of instruction provided by the institution; or

(b) it is undertaken for the purpose of including an item in a library of the institution.

"(4) Where a cinematograph film, a sound recording or a rebroadcast is made in the circumstances referred to in sub-section (2), copyright in that film, sound recording or rebroadcast subsists in the body, or the bodies jointly, in which the copyright subsisted in the television or sound broadcast of which the film, recording or rebroadcast was made.

"(5) At the commencement of each television broadcast and each sound broadcast to which this section applies, and in any announcement or advertisement relating to such a broadcast, a statement shall be made, and, in the case of a television broadcast, sub-titles shall be displayed, in the form set out in sub-section (6).

"(6) A statement and sub-titles referred to in sub-section (5) shall be in the following form-

""Copyright in this broadcast subsists in the Australian Broadcasting Corporation [or the Special Broadcasting Service or the Australian Broadcasting Corporation and the Special Broadcasting Service, as the case requires].

""Copyright is not infringed if this broadcast is copied or rebroadcast by or on behalf of an educational institution for the teaching purposes of that or any other educational institution. Only such copies or rebroadcasts can be made as are reasonably required for those teaching purposes AND COPYRIGHT IN THOSE COPIES OR REBROADCASTS SUBSISTS IN THE AUSTRALIAN BROADCASTING CORPORATION [or the Special Broadcasting Service or the Australian Broadcasting Corporation and the Special Broadcasting Service, as the case requires].

""THIS IS NOT A COMPLETE STATEMENT OF THE COPYRIGHT POSITION IN RESPECT OF THE MATERIAL JUST DESCRIBED. REFER TO THE COPYRIGHT ACT 1968. Definitions of "educational institution' and "teaching purposes' may also be found in that Act.''.'.''.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Durack moved a further amendment, viz: Page 9, after clause 13, insert the following new clause:

""13a. Section 115 of the Principal Act is amended by omitting from sub-section (2) "and either damages or an account of profits' and substituting "and damages, an account of profits or a constructive trust, or any combination of them, as the court thinks fit'.''.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Bill further debated and agreed to.

Bill to be reported without amendment.

The Acting Deputy-President (Senator Townley) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Evans the Report from the Committee was adopted, and the Bill read a third time.