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

Schedule 9   Copyright amendments

Part 2   Performers' moral rights

Copyright Act 1968

23   Section 189 (definition of infringing article )

Repeal the definition, substitute:

infringing article means:

(a) in relation to an author's moral rights:

(i) an article that embodies a literary, dramatic, musical or artistic work, or a cinematograph film, whether or not the article bears or contains other material; or

(ii) a reproduction of, or of an adaptation of, a literary, dramatic or musical work; or

(iii) a reproduction of an artistic work; or

(iv) a copy of a cinematograph film;

being a work or film in respect of which a moral right of the author has been infringed, other than by derogatory treatment not involving the material distortion or alteration of, or the mutilation of, the work or film; and

(b) in relation to the moral rights of a performer in a live performance:

(i) a copy record of the live performance, where the making of the copy record has infringed the performer's right of attribution of performership; or

(ii) a record embodying the live performance, where a person's name is inserted or affixed on the record and the inserting or affixing has infringed the performer's right not to have performership falsely attributed; or

(iii) a record embodying the live performance, where the record also embodies sounds the making of which have infringed the performer's right not to have performership falsely attributed; or

(iv) a record embodying the live performance, being the live performance as affected by derogatory treatment that has infringed the performer's right of integrity of performership; and

(c) in relation to the moral rights of a performer in a recorded performance:

(i) a copy record of the recorded performance, where the making of the copy record has infringed the performer's right of attribution of performership; or

(ii) a record embodying the recorded performance, where a person's name is inserted or affixed on the record and the inserting or affixing has infringed the performer's right not to have performership falsely attributed; or

(iii) a copy record of the recorded performance, where dealings with the copy as a copy of an unaltered recorded performance have infringed the performer's right not to have performership falsely attributed; or

(iv) a record embodying the recorded performance, being a record that incorporates derogatory treatment that has infringed the performer's right of integrity of performership.


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