Copyright Act 2021 · 2020 Revised Edition · Part 5 · Permitted Uses of Copyright Works and Protected Performances
217. Copying by institution aiding persons with intellectual disabilities — authorial works
Feedback & supportIf the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work.
copy
“copy” has the meanings given by the provisions in Subdivision (2) of Division 3 of Part 2;
The conditions are —
the work has been published;
the copy is made by or on behalf of a body (X) administering an institution aiding persons with intellectual disabilities;
the copy is made for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not);
before the copy is made, X (or a person acting on behalf of X) —
makes a reasonable investigation; and
is satisfied that there is no new copy of the work that —
has been separately published;
is in a form that is suitable for aiding persons with intellectual disabilities; and
could be obtained within a reasonable time at an ordinary commercial price;
the copy is notated according to section 301; and
as soon as practicable after the copy is made, the prescribed record is made by or on behalf of X.
X must pay equitable remuneration to the copyright owner if the latter makes a written request within the prescribed time after the copy is made.
The amount of equitable remuneration is to be —
agreed between X and the copyright owner; or
in default of agreement, decided by a Copyright Tribunal.
In this section, “new copy” means a copy that is not secondhand.