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COPYRIGHT ACT 1968 - SECT 189

Definitions

                   In this Part, unless the contrary intention appears:

"act of false attribution" :

                     (a)  in relation to an author's moral rights--has the meaning given by subsection 195AC(2); and

                     (b)  in relation to a performer's moral rights--has the meaning given by subsection 195AHA(2).

"artistic work" means an artistic work in which copyright subsists.

"attributable act" :

                     (a)  in relation to an author's moral rights--has the meaning given by subsection 193(2); and

                     (b)  in relation to a performer's moral rights--has the meaning given by subsection 195ABA(2).

"attributor" :

                     (a)  in relation to an author's moral rights--has the meaning given by subsection 195AC(2); and

                     (b)  in relation to a performer's moral rights--has the meaning given by subsection 195AHA(2).

"author" , in relation to a cinematograph film, means the maker of the film.

"cinematograph film" means the complete and final version of a cinematograph film in which copyright subsists.

"copy record" means a record so far as it embodies:

                     (a)  a recorded performance; or

                     (b)  a substantial part of a recorded performance;

being a record derived directly or indirectly from an original record of the performance.

"deal" means sell, let for hire, by way of trade offer or expose for sale or hire, exhibit in public, or distribute and, in Divisions 3 and 3A, includes publish.

"derogatory treatment" :

                     (a)  in relation to an author's moral rights--has the relevant meaning given by Division 4; and

                     (b)  in relation to a performer's moral rights--has the meaning given by section 195ALB.

"director" , in relation to a cinematograph film, has a meaning affected by section 191.

"dramatic work" means a dramatic work in which copyright subsists.

"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.

"literary work" means a literary work in which copyright subsists.

"maker" , in relation to a cinematograph film, means the director of the film, the producer of the film and the screenwriter of the film.

"moral right" means:

                     (a)  in relation to an author:

                              (i)  a right of attribution of authorship; or

                             (ii)  a right not to have authorship falsely attributed; or

                            (iii)  a right of integrity of authorship; and

                     (b)  in relation to a performer:

                              (i)  a right of attribution of performership; or

                             (ii)  a right not to have performership falsely attributed; or

                            (iii)  a right of integrity of performership.

"musical work" means a musical work in which copyright subsists.

"name" , in Divisions 3 and 3A, includes a pseudonym, initials or a monogram.

"original record" means a record produced upon the making of a sound recording of a live performance.

Note:          The sound track of a cinematograph film is treated as not being a sound recording: see section 23.

"performance" means a performance within the meaning of Part XIA, so far as the performance consists of sounds.

"performer" in a performance:

                     (a)  means each person who contributed to the sounds of the performance; and

                     (b)  in relation to a performance that occurs outside Australia, does not include a person who is not a qualified person at the time of the performance.

Note:          See also section 191B, which deals with the conductor of a musical performance.

"performership" means participation in a performance, as the performer or one of the performers.

"person representing the author" , in relation to a possible infringement of any of an author's moral rights in respect of a work, means a person who, under subsection 195AN(1) or (2), is entitled to exercise and enforce the moral right concerned.

"person representing the performer" means a person who, under subsection 195ANB(1) or (2), is entitled to exercise and enforce a performer's moral right.

"producer" , in relation to a cinematograph film, has the meaning given by section 191.

"qualified person" has the same meaning as in Part XIA.

"recorded performance" means a performance embodied in a record so as to constitute a sound recording.

"record embodying a performance" means:

                     (a)  an original record of a performance; or

                     (b)  a copy record of a performance.

"right not to have performership falsely attributed" has the meaning given by Division 3A.

"right of attribution of authorship" has the meaning given by Division 2.

"right of attribution of performership" has the meaning given by Division 2A.

"right of integrity of authorship" has the meaning given by Division 4.

"right of integrity of performership" has the meaning given by Division 4A.

"right not to have authorship falsely attributed" has the meaning given by Division 3.

"screenwriter" , in relation to a cinematograph film, means the person who wrote the script or screenplay of the film, as that meaning is affected by section 191.

"sound recording" means a sound recording in which copyright subsists.

"staged" , in relation to a live performance, has the meaning given by section 191A.

"work" means a literary work, a dramatic work, a musical work, an artistic work or a cinematograph film.



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