112DImport of non‑infringing copy of a sound recording does not infringe copyright in the sound recording

112D  Import of non‑infringing copy of a sound recording does not infringe copyright in the sound recording  (1) The copyright in a sound recording is not infringed by a person who:  (a) imports into Australia a non‑infringing copy of the sound recording; or  (b) does an act described in section 103 involving an article that is a non‑infringing copy of the sound recording and has been imported into Australia by anyone. Note: In a civil action for infringement of copyright, a copy of a sound recording is presumed not to be a non‑infringing copy of the sound recording unless the defendant proves it is. See section 130A.  (2) This section applies to a copy of a sound recording only if, when the copy is imported into Australia, the sound recording has been published:  (a) in Australia; or  (b) in another country (the publication country) by or with the consent of:  (i) the owner of the copyright or related right in the sound recording in the publication country; or  (ii) the owner of the copyright or related right in the sound recording in the country (the original recording country) in which the sound recording was made, if the law of the publication country did not provide for copyright or a related right in sound recordings when publication occurred; or  (iii) the maker of the sound recording, if neither the law of the publication country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when publication occurred. Note: Subsection 29(6) deals with unauthorised publication.  (3) In subsection (2): owner of the copyright or related right in the sound recording means the owner at the time publication of the sound recording occurred.  (4) The definition of article in section 103 does not affect this section. 112DA  Importation and sale etc. of copies of electronic literary or music items  (1) If, in relation to a published edition of a work:  (a) the work is, or is part of, an electronic literary or music item; and  (b) the edition has been published in Australia or a qualifying country; then the copyright in the published edition is not infringed by a person who:  (c) imports into Australia an article that has embodied in it a non‑infringing copy of the electronic literary or music item; or  (d) does an act mentioned in section 103 involving an article that has embodied in it a non‑infringing copy of the electronic literary or music item and that has been imported into Australia by anyone. Note: Section 130C deals with the burden of proof a defendant bears in a civil action for infringement of copyright.  (2) The definition of article in section 103 does not affect this section.