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In force2020 Revised Edition
Contents

Part 5 · Permitted Uses of Copyright Works and Protected Performances

187. Permitted uses that may not be excluded or restricted

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(1)

Any contract term is void to the extent that it purports, directly or indirectly, to exclude or restrict any permitted use under any provision in —

(a)

Division 6 (public collections), but not section 234 (supplying copies of published literary, dramatic or musical works or articles between libraries and archives);

(b)

Division 7 (computer programs);

(c)

Division 8 (computational data analysis); or

(d)

Division 17 (judicial proceedings and legal advice).

(2)

Without limiting subsection (1), a contract term is void to the extent that it purports, directly or indirectly, to prevent or restrict the doing of any of the following acts in circumstances that constitute a permitted use under the provisions mentioned in subsection (1):

(a)

making a copy of a work or a recording of a protected performance;

(b)

supplying (whether by communication or otherwise) a copy of a work or a recording of a performance;

(c)

performing a work or a recording of a protected performance.

(3)

This section applies to any contract made before, on or after 21 November 2021.

Report

Part 6

Remedies for and Border Enforcement Measures Against Rights Infringements

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

Transitional