(4.) A person who, by the reception of an authorized television broadcast or sound broadcast, causes a literary, dramatic or musical work or an adaptation of such a work, an artistic work or a cinematograph film to be transmitted to subscribers to a diffusion service shall be treated, in any proceedings for infringement of the copyright, if any, in the work or film, as if he had been the holder of a licence granted by the owner of that copyright to cause the work, adaptation or film to be transmitted by him to subscribers to that service by the reception of the broadcast.
(5.) If, in the circumstances mentioned in either of the last two preceding sub-sections, the person causing the cinematograph film to be seen or heard, or the work, adaptation or cinematograph film to be transmitted, as the case may be, infringed the copyright concerned by reason that the broadcast was not an authorized broadcast, proceedings shall not be brought against that person under this Act in respect of his infringement of that copyright but the infringement shall be taken into account in assessing damages in any proceedings against the maker of the broadcast in respect of that copyright, in so far as that copyright was infringed by the making of the broadcast.
(6.) For the purposes of this section, a broadcast, in relation to a work, an adaptation of a work or a cinematograph film, is an authorized broadcast if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.
(7.) A reference in this section to a broadcast shall—
- (a) in the case of a television broadcast—be read as a reference to such a broadcast made by the Australian Broadcasting Commission, by the holder of a licence for a television station or by a person prescribed for the purposes of sub-paragraph (iii) of paragraph (a) of section 91 of this Act; and
- (b) in the case of a sound broadcast—be read as a reference to such a broadcast made by the Australian Broadcasting Commission, by the holder of a licence for a broadcasting station or by a person prescribed for the purposes of sub-paragraph (iii) of paragraph (b) of section 91 of this Act.
Use of works and broadcasts for educational purposes. 200.—(1.) The copyright in a literary, dramatic, musical or artistic work is not infringed by reason only that the work is reproduced or, in the case of a literary, dramatic or musical work, an adaptation of the work is made or reproduced—
- (a) in the course of educational instruction, where the work is reproduced or the adaptation is made or reproduced by a teacher or student otherwise than by the use of an appliance adapted for the production of multiple copies; or
- (b) as part of the questions to be answered in an examination, or in an answer to such a question.
