Document ID: chunk:federal_register_of_legislation:C2024C00854:section:195aza:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 195AZA (pt 2/2)
Character Range: 781050–782415

(b) is to be reduced by the amount of the damages awarded to the person in the action referred to in paragraph (d).
 (5) If:
 (a) the work is a dramatic work constituted by the screenplay or script for a cinematograph film; and
 (b) the action is brought by a person who is an author of the screenplay or script; and
 (c) the relief granted in the action consists of or includes damages; and
 (d) the person has already been granted relief by way of damages in an action for an infringement of his or her moral rights as a screenwriter of the film;
the amount of any damages that, apart from this subsection, would be awarded to the person in the action referred to in paragraph (b) is to be reduced by the amount of the damages awarded to the person in the action referred to in paragraph (d).
 (6) If, in respect of an act done after the death of an author of a work, damages are recovered under this section by the legal personal representative of the author, those damages devolve as if they formed part of the author's estate and as if the right of action in respect of the doing of the act had subsisted, and had been vested in the author, immediately before his or her death.
Note: Subsection (6) does not apply in relation to the right of integrity of authorship in respect of a cinematograph film, which ends on the author's death. See subsection 195AM(1).