Document ID: chunk:federal_register_of_legislation:C2024C00854:section:100ad
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 100AD
Character Range: 250834–251822

100AD  Makers of pre‑commencement sound recordings of live performances
 (1) For the purpose of section 100AE, the makers of a sound recording of a live performance are:
 (a) the person or persons who, immediately before the commencement of this section, owned the copyright subsisting in the recording; and
 (b) the performer or performers who performed in the performance (other than a performer who is already covered by paragraph (a)).

Employer may be a maker of the sound recording
 (2) If:
 (a) a sound recording of a live performance was made; and
 (b) a performer performed in that performance under the terms of his or her employment by another person (the employer) under a contract of service or apprenticeship;
then, for the purposes of paragraph (1)(b), the employer is taken to be a maker instead of that performer.
 (3) Subsection (2) may be excluded or modified by an agreement (whether made before or after the live performance) between the performer and the employer.