(2.) The making of a record of a sound broadcast or of a television broadcast, being a broadcast that was intended to be used for educational purposes, does not constitute an infringement of copyright in a work or sound recording included in the broadcast, or an infringement of copyright in the broadcast, if—
- (a) the record is made by, or on behalf of, the person or authority in charge of a place of education that is not conducted for profit; and
- (b) the record is not used except in the course of instruction at that place.
(3.) For the purposes of sections 38 and 103 of this Act, in determining whether the making of an article constituted an infringement of copyright, the last two preceding sub-sections shall be disregarded.
(4.) For the purposes of any provision of this Act relating to imported articles, in determining whether the making of an article made outside Australia would, if the article had been made in Australia by the importer of the article, have constituted an infringement of copyright, sub-sections (1.) and (2.) of this section shall be disregarded.
Delivery of library material to the National Library. 201.—(1.) The publisher of any library material that is published in Australia and in which copyright subsists under this Act shall, within one month after the publication, cause a copy of the material to be delivered at his own expense to the National Library.
Penalty: One hundred dollars.
(2.) The copy of any library material delivered to the National Library in accordance with this section shall be a copy of the whole material (including any illustrations), be finished and coloured, and bound, sewed, stitched or otherwise fastened together, in the same manner as the best copies of that material are published and be on the best paper on which that material is printed.
(3.) When any library material is delivered to the National Library in accordance with this section, the National Librarian shall cause a written receipt for the material to be given to the publisher of the material.
(4.) This section is not intended to exclude or limit the operation of any law of a State or Territory of the Commonwealth (whether made before or after the commencement of this Act) that makes provision for or in relation to the delivery to a specified public or other library in or of the State or Territory of copies of library material published in the State or Territory.
(5.) In this section—
- “illustrations” includes drawings, engravings and photographs;
- “library material” means a book, periodical, newspaper, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table, being a literary, dramatic, musical or artistic work or an edition of such a work, but does not include a second or later edition of any material unless that edition contains additions or alterations in the letter-press or in the illustrations.
