Frequently Asked Questions

Q: Does a secondary digital market exist in Australia?

Broadly speaking, any reproduction, publication and communication rights may be infringed upon if the reproduction of a copyright work is unauthorised, and if the reproduction is supplied to secondary public marketplace, as outlined in ss 31 and 38 of the Copyright Act 1968 (Cth). The general position in Australia when looking at the transfer, sale or sharing of digital content may attract copyright infringement if the action involves any reproduction of the relevant material.

In Australia pursuant to any law, the online transfer, sale, or sharing of digital content may attract copyright infringement if the action involves reproduction of the relevant material. On the flipside, the publication right grants the copyright holder the ability to publish or authorise another party to supply reproductions of the relevant work to the public. However, this is only related to first publication of the material. 



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