Document ID: chunk:federal_register_of_legislation:C2024C00854:section:189:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 189 (pt 1/3)
Character Range: 713928–716702

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)