Document ID: chunk:federal_register_of_legislation:C2024C00854:section:189:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 189 (pt 2/3)
Character Range: 716442–719242

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