Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_23
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 23
Character Range: 159974–162376

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.