Copyright Act 1968 (Cth)

Document type
Legislation
Country
Sections 36(1) and 101(1) establish the exclusive right to ‘authorise’ the doing, in Australia, of any act comprised in the copyright. Whether an intermediary has ‘authorised’ an act of infringement is a question of fact assessed in all of the circumstances. ‘Authorise’ is defined as ‘sanction’, ‘approve’ or ‘countenance’ (UNSW v Moorhouse 1975 HCA 26), and assessed with specific regard to: (a) the extent (if any) of the person’s power to prevent the doing of the act concerned; (b) the nature of any relationship existing between the person and the person who did the act concerned (c) whether the person took any reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant industry codes of practice. (Sections 36(1A), 101(1A)). ‘Mere conduit’ exceptions exists in Sections 39B and 112E, but the provisions have very little significance following iiNet. There are exceptions for temporary reproductions of works (Section 43A) or copies of other subject matter (Section 111A) made in the course of making or receiving a communication, but these does not apply if the communication itself is an infringement.
Country
Year
1968
Topic, claim, or defense
Copyright
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Type of law
Civil