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Exempt recordings cease to be exempt recordings in certain circumstances

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

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—(1) If any recording of a performance, being a recording that is an exempt recording under paragraph (j) ofthe definition of “exempt recording” in section 246(1), is not destroyed —(a)before the expiration of the period of 6 months or, in the case of a recording made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which the recording is first used for broadcasting the performance; or(b)before the expiration of such further period, if any, as is agreed between the maker of the recording and the performer of the performance,the recording shall, at the end of that period, cease to be an exempt recording. (2) If any copy of a recording of a performance, being an exempt recording under paragraph (m) ofthe definition of “exempt recording” in section 246(1), is not destroyed —(a)before the expiration of the period of 6 months or, in the case of a copy made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which the copy is first used for broadcasting the performance; or(b)before the expiration of such further period, if any, as is agreed between the maker of the copy and the performer of the performance,the copy of the recording shall, at the end of that period, cease to be an exempt recording. (3) A recording or a copy of such a recording that is an exempt recording because it was made for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i) of the definition of “exempt recording” in section 246(1), ceases to be an exempt recording if it is used for any other purpose without the authority of the performer. [Aust. 1968, s. 248C]

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