US Free Trade Agreement Implementation Act 2004 (120 of 2004)
Schedule 9 Copyright amendments
Part 2 Performers' moral rights
Copyright Act 1968
45 At the end of Division 5 of Part IX
Add:
Subdivision B - Duration and exercise of moral rights of performers
195ANA Duration of performer's moral rights for recorded performances
(1) A performer's right of attribution of performership in respect of a recorded performance continues in force until copyright ceases to subsist in the recorded performance.
(2) A performer's right not to have performership falsely attributed in respect of a recorded performance continues in force until copyright ceases to subsist in the recorded performance.
(3) A performer's right of integrity of performership in respect of a recorded performance continues in force until the performer dies.
195ANB Exercise of performer's moral rights
(1) If a performer in a live performance or recorded performance dies, the performer's moral rights in respect of the performance may be exercised and enforced by his or her legal personal representative.
(2) If the affairs of a performer in a live performance or recorded performance are lawfully administered by another person (except under a law for the relief of bankrupt or insolvent debtors), the performer's moral rights may be exercised and enforced by the person administering his or her affairs.
(3) Subject to this section, a moral right in respect of a live performance or recorded performance is not transmissible by assignment, by will, or by devolution by operation of law.
(4) If there are 2 or more performers in a live performance or recorded performance, then the performers may enter into a written co-performership agreement by which each of them agrees not to exercise his or her right of integrity of performership in respect of the live performance or recorded performance, as the case may be, except jointly with the other performer or performers.
(5) A co-performership agreement has effect according to its terms.