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

Schedule 9   Copyright amendments

Part 2   Performers' moral rights

Copyright Act 1968

41   After Division 2 of Part IX

Insert:

Division 2A - Right of attribution of performership

195ABA Performer's right of attribution of performership

(1) A performer in a live performance or recorded performance has a right of attribution of performership in respect of the performance.

(2) The performer's right is the right to be identified in accordance with this Division as a performer in the performance if any of the acts (the attributable acts ) mentioned in section 195ABB are done in respect of the performance.

Note: If there is more than one performer in a performance, then each performer has a right of attribution of performership: see subsection 195AZQ(2).

195ABB Acts giving rise to right of attribution of performership

(1) The attributable acts for a live performance are the following:

(a) communicating the live performance to the public;

(b) staging the live performance in public.

Note: For the definition of staged , see section 191A.

(2) The attributable acts for a recorded performance are the following:

(a) making a copy record of the recorded performance;

(b) communicating the recorded performance to the public.

195ABC Nature of the identification of performer

(1) Subject to this section, a performer may be identified by any reasonable form of identification.

(2) If:

(a) a performer has made known, either generally or to a person who is required under this Part to identify the performer, that the performer wishes to be identified in a particular way; and

(b) the identification of the performer in that way is reasonable in the circumstances;

the identification is to be made in that way.

(3) If a performance is presented by performers who use a group name, then identification by using the group name is sufficient identification of the performers in the group.

195ABD Identification of performer to be clear and reasonably prominent or audible

An identification of a performer must be clear and reasonably prominent or reasonably audible.

195ABE What is a reasonably prominent identification

When a copy record is made of a recorded performance, an identification of a performer or group of performers is taken to be reasonably prominent if it is included on each copy record of the recorded performance in such a way that a person acquiring the copy record will have notice of the identity of the performer or group.