Commonwealth Consolidated Acts

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Performer's consent to act or omission

  (1)   It is not an infringement of a performer's moral right in respect of a live performance or recorded performance to do, or omit to do, something if the act or omission is within the scope of a written consent given by the performer or a person representing the performer.

Note:   The consent of one performer does not affect the moral rights of any other performer: see subsection   195AZQ(5).

  (2)   A consent may be given in relation to all or any acts or omissions occurring before or after the consent is given.

  (3)   A consent may be given in relation to:

  (a)   a specified performance or specified performances occurring before the consent is given; or

  (b)   a performance or performances of a particular description:

  (i)   that have not yet occurred; or

  (ii)   that are in the course of occurring.

  (4)   A consent may be given by an employee for the benefit of his or her employer in relation to all performances in which the employee is to be a performer in the course of his or her employment.

  (5)   A consent given for the benefit of the owner or prospective owner of copyright in the recorded performance or recorded performances to which the consent relates is presumed, unless the contrary intention appears in the consent instrument, to extend to his or her licensees and successors in title, and to any persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright.

  (6)   Subsections   (2) to (5), inclusive, do not limit the operation of subsection   (1).

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