Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135J

             (1)  If a sampling notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:

                     (a)  copies of broadcasts made by, or on behalf of, the administering body while the notice is in force; and

                     (b)  communications of such copies made by, or on behalf of, the administering body while the notice is in force;

is such annual amount as is determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

          (1A)  If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for copies of broadcasts made by, or on behalf of, that body and for communications by, or on behalf of, that body of such copies.

          (1B)  If:

                     (a)  a broadcast is copied by, or on behalf of, an administering body, or is taken under this subsection to have been so copied; and

                     (b)  the copy is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

                     (c)  the copy remains so available online for longer than the prescribed period;

then, when that period ends:

                     (d)  the broadcast is taken to have been copied again by, or on behalf of, the body; and

                     (e)  the copy mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

             (2)  The annual amount referred to in subsection (1) must be determined (whether by agreement or by the Copyright Tribunal) having regard to:

                     (a)  copies and communications to which paragraphs (1B)(d)
and (e) apply; and

                     (b)  the extent to which other copies of broadcasts are made and communicated by, or on behalf of, the administering body in a particular period; and

                     (c)  such matters (if any) as are prescribed; and

                     (d)  such other matters (if any) as are relevant in the circumstances.

             (3)  The extent of copying of broadcasts and the communication of those copies, and any other matters that are necessary or convenient to be assessed by use of a sampling system, shall be assessed by use of a sampling system determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

             (4)  For the purposes of subsection (1), different annual amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.

          (4A)  To avoid doubt, an annual amount (whether for one or more institutions administered by the administering body) may be determined for the purposes of subsection (1) by reference to amounts for copies and communications that differ on one or both of the following bases:

                     (a)  different classes of works, performances, sound recordings or cinematograph films included in broadcasts;

                     (b)  different classes of students of an institution administered by the administering body.

             (5)  Where:

                     (a)  a sampling notice is given by, or on behalf of, an administering body to the collecting society; and

                     (b)  during any period, the administering body does not comply with one or more of the requirements of the sampling system determined under this section in relation to the notice;

sections 135E and 135F do not apply to any copy of a broadcast, or communication of a copy of a broadcast, made by, or on behalf of, the administering body during that period.

             (6)  In this section:

"prescribed period" means the period of 12 months, or if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (1B), that other period.