Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135JA

             (1)  If an agreed 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 an amount (whether an annual amount or otherwise) 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.

             (2)  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 and communicated by, or on behalf of, that body.

             (3)  Subject to subsection (5), the matters and processes constituting an agreed system, and any matters that are necessary or convenient to be assessed or taken into account for the purposes of the system, must be 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)  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.

             (5)  An agreed system (whether determined by agreement or by the Copyright Tribunal) must require the assessment of an amount of equitable remuneration by a method or process that takes account of copies and communications to which paragraphs (4)(d) and (e) apply.

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

             (7)  If:

                     (a)  an agreed 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 agreed 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.

             (8)  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 (4), that other period.