US Free Trade Agreement Implementation Act 2004 (120 of 2004)
Schedule 9 Copyright amendments
Part 2 Performers' moral rights
Copyright Act 1968
42 After Division 3 of Part IX
Insert:
Division 3A - Right not to have performership falsely attributed
195AHA Performer's right not to have performership falsely attributed
(1) A performer in a live performance or recorded performance has a right not to have performership falsely attributed.
(2) A performer's right is the right not to have a person (the attributor ) do, in respect of the live performance or recorded performance (as the case may be), any of the acts (the acts of false attribution ) mentioned in sections 195AHB and 195AHC.
Note: If there is more than one performer in a performance, then each performer has a right not to have performership falsely attributed: see subsection 195AZQ(3).
195AHB Acts of false attribution of performership
Acts of false attribution for live performances
(1) For a live performance, it is an act of false attribution for the stager of the performance, or a person authorised by the stager, to state falsely, or imply falsely, to the audience or intended audience immediately before the performance that:
(a) a person is, or will be, a performer in the performance; or
(b) the performance is being, or will be, presented by a particular group of performers.
Note: For the definition of staged , see section 191A.
Example 1: The stager of a live performance given by X and Y attributes the performance to A and B. This is an act of false attribution in relation to both X and Y.
Example 2: The stager of a live performance given by X and Y attributes the performance to X and A. This is an act of false attribution in relation to both X and Y (even though X is mentioned in the attribution).
(2) For a live performance, it is an act of false attribution for the stager of the performance, or a person authorised by the stager, to state falsely, or imply falsely, to the audience during the performance that:
(a) a person is, was, or will be a performer in the performance; or
(b) the performance is being, was, or will be, presented by a particular group of performers.
(3) For a live performance, it is an act of false attribution for the stager of the performance, or a person authorised by the stager, to state falsely, or imply falsely, to the audience immediately after the performance that:
(a) a person was a performer in the performance; or
(b) a particular group of performers presented the performance.
(4) However, doing an act mentioned in subsection (1), (2) or (3) is only an act of false attribution if the performance is in public or is communicated to the public. For this purpose, any unauthorised communication to the public is to be disregarded.
Acts of false attribution for recorded performances - individual performers
(5) For a recorded performance, each of the following acts is an act of false attribution:
(a) to insert or affix, or authorise the inserting or affixing of, a person's name in or on a record embodying the performance in such a way as to imply falsely that the person is a performer in the performance;
(b) to deal with a record embodying the performance if:
(i) a person's name has been inserted or affixed in or on the record as mentioned in paragraph (a); and
(ii) the attributor knows that the person is not a performer in the performance;
(c) to communicate the recorded performance to the public as being a performance in which a person is a performer, if the attributor knows that the person is not a performer in the performance.
Acts of false attribution for recorded performances - groups of performers
(6) For a recorded performance, each of the following acts is an act of false attribution:
(a) to insert or affix, or authorise the inserting or affixing of, a group name in or on a record embodying the performance in such a way as to imply falsely that the group are performers in the performance;
(b) to deal with a record embodying the performance if:
(i) a group name has been inserted or affixed in or on the record as mentioned in paragraph (a); and
(ii) the attributor knows that the group are not performers in the performance;
(c) to communicate the recorded performance to the public as being a performance in which a group are performers, if the attributor knows that the group are not performers in the performance.
Silent performers
(7) It is not an act of false attribution of performership to state that a performer who participated silently in a performance performed in the performance.
Example: X and Y together present a cabaret act in which X sings and Y dances silently. The "performance" for the purposes of this Part consists only of the sounds made by X. It is not an act of false attribution in respect of the performance to state or imply that Y was also a performer.
195AHC Act of false attribution of performership of altered recorded performance
(1) If the work is a recorded performance that has been altered by a person other than a performer in the performance, it is an act of false attribution of performership in relation to the performer to deal with a copy of the recorded performance as so altered, as being a copy of the unaltered recorded performance, if, to the knowledge of the attributor, the copy of the recorded performance is not a copy of the unaltered recorded performance.
(2) Subsection (1) does not apply if:
(a) the effect of the alteration is insubstantial; or
(b) the alteration was required by law to be made, or was otherwise necessary to avoid a breach of any law.