Copyright Act 1986 section 101
Infringement by doing acts comprised in copyright
(1) Subject to this Act, a
copyright subsisting by virtue of this Part is infringed by a person who, not being the
owner of the
copyright, and without the
licence of the
owner of the
copyright, does in
Australia, or
authorizes the doing in
Australia of, any act comprised in the
copyright.
(1A) In determining, for the purposes of subsection (1), whether or not a person has
authorised the doing in
Australia of any act comprised in a
copyright subsisting by virtue of this Part without the
licence of the
owner of the
copyright, the matters that must be taken into account include the following:
(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 other reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant
industry codes of practice.
(2) The next two succeeding sections do not affect the generality of the last preceding subsection.
(3) Subsection (1) applies in relation to an act done in relation to a
sound recording whether the act is done by
directly or
indirectly making use of a
record embodying the
recording.
(4) Subsection (1) applies in relation to an act done in relation to a
television broadcast or a
sound broadcast whether the act is done by the reception of the
broadcast or by making use of any
article or thing in which the visual images and sounds comprised in the
broadcast have been embodied.