Document ID: chunk:federal_register_of_legislation:C2024C00854:section:195aw
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 195AW
Character Range: 763058–764600

195AW  Author's consent to act or omission—films or works in films
 (1A) This section applies to a work that is:
 (a) a cinematograph film; or
 (b) a literary, dramatic, musical or artistic work as included in a cinematograph film.
 (1) It is not an infringement of a moral right of an author in respect of a work to do, or omit to do, something if the act or omission is within the scope of a written consent given by the author or a person representing the author.
 (2) A consent may be given in relation to all or any acts or omissions occurring before or after the consent is given.
 (3) A consent may be given in relation to:
 (a) a specified work or specified works existing when the consent is given; or
 (b) a work or works of a particular description:
 (i) the making of which has not begun; or
 (ii) that is or are in the course of being made.
 (4) A consent may be given by an employee for the benefit of his or her employer in relation to all works made or to be made by the employee in the course of his or her employment.
 (5) A consent given for the benefit of the owner or prospective owner of copyright in the work or works to which it relates is presumed, unless the contrary intention appears in the consent instrument, to extend to his or her licensees and successors in title, and to any persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright.
 (6) Subsections (2) to (5), inclusive, do not limit the operation of subsection (1).