109. Fair dealing in relation to other subject-matter
Feedback & supportLast amended by an amending law of 2004.
Subject to this section, a fair dealing with an audio-visual item for any purpose other than a purpose referred to in section 110 or 111 shall not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item.
audio-visual item
“audio-visual item” means a sound recording, a cinematograph film, a sound broadcast, a television broadcast or a cable programme. [Aust. 1968, s. 100A]
The purposes for which a dealing with an audio-visual item may constitute a fair dealing under subsection (1) shall include research and study.
For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with an audio-visual item, being a dealing by way of copying the whole or a part of the audio-visual item, constitutes a fair dealing with the audio-visual item for any purpose other than a purpose referred to in section 110 or 111 shall include —
the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
the nature of the audio-visual item;
the amount and substantiality of the part copied taken in relation to the whole audio-visual item;
the effect of the dealing upon the potential market for, or value of, the audio-visual item; and
the possibility of obtaining the audio-visual item within a reasonable time at an ordinary commercial price.