Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 130C

             (1)  In an action by a plaintiff for infringement of copyright described in section 37, 38, 102 or 103:

                     (a)  relating to the plaintiff's copyright in a work, or in a published edition of a work, that is, or is part of, an electronic literary or music item; and

                     (b)  involving an article that has embodied in it a copy of the electronic literary or music item;

it must be presumed, unless the defendant proves otherwise, that the copy is not a non-infringing copy so far as it relates to the plaintiff's copyright.

Note 1:       Sections 37 and 38 deal with infringement of copyright in a work by commercial importation and dealings involving articles.

Note 2:       Sections 102 and 103 deal with infringement of copyright in a published edition of a work (among other things) by commercial importation and dealings involving articles.

             (2)  The definition of article in sections 38 and 103 does not affect this section.