Document ID: chunk:federal_register_of_legislation:C2024C00854:section:22:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 22 (pt 2/2)
Character Range: 96016–98070

the making of the film were undertaken.

Broadcasts and other communications
 (5) For the purposes of this Act, a broadcast is taken to have been made by the person who provided the broadcasting service by which the broadcast was delivered.
 (6) For the purposes of this Act, a communication other than a broadcast is taken to have been made by the person responsible for determining the content of the communication.
 (6A) To avoid doubt, for the purposes of subsection (6), a person is not responsible for determining the content of a communication merely because the person takes one or more steps for the purpose of:
 (a) gaining access to what is made available online by someone else in the communication; or
 (b) receiving the electronic transmission of which the communication consists.
Example: A person is not responsible for determining the content of the communication to the person of a web page merely because the person clicks on a link to gain access to the page.

Definitions
 (7) In this section:
live performance means:
 (a) a performance (including an improvisation) of a dramatic work, or part of such a work, including such a performance given with the use of puppets; or
 (b) a performance (including an improvisation) of a musical work or part of such a work; or
 (c) the reading, recitation or delivery of a literary work, or part of such a work, or the recitation or delivery of an improvised literary work; or
 (d) a performance of a dance; or
 (e) a performance of a circus act or a variety act or any similar presentation or show; or
 (f) a performance of an expression of folklore;
being a live performance, whether in the presence of an audience or otherwise.
performer in a live performance:
 (a) means each person who contributed to the sounds of the performance; and
 (b) if the performance includes a performance of a musical work—includes the conductor.
sound recording of a live performance means a sound recording, made at the time of the live performance, consisting of, or including, the sounds of the performance.