US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 9   Copyright amendments

Part 1   Performers' rights in sound recordings

Copyright Act 1968

2   After subsection 22(3)

Insert:

(3A) For the purposes of this Act, the makers of a sound recording of a live performance are:

(a) the person or persons who, at the time of the recording, own the record on which the recording is made; and

(b) the performer or performers who performed in the performance (other than a performer who is already covered by paragraph (a)).

Note: A performer might be liable to pay compensation under section 116AAA to a person who owns the record on which the recording is made.

(3B) If:

(a) a sound recording of a live performance is made; and

(b) a performer performs in that performance under the terms of his or her employment by another person (the employer ) under a contract of service or apprenticeship;

then, for the purposes of paragraph (3A)(b), the employer is taken to be a maker instead of that performer.

(3C) Subsection (3B) may be excluded or modified by agreement between the performer and the employer.

Note 1: The following heading to subsection 22(4) is inserted "Cinematograph films".

Note 2: The following heading to subsection 22(5) is inserted "Broadcasts and other communications".