Document ID: chunk:federal_register_of_legislation:C2004A00752:clause:1_195an
Version: federal_register_of_legislation:C2004A00752
Segment Type: clause
Provision Reference: sch 1 cl 195AN
Character Range: 16683–17889

195AN  Exercise of moral rights

 (1) If the author of a work dies, the author's moral rights (other than the right of integrity of authorship in respect of a cinematograph film) in respect of the work may be exercised and enforced by his or her legal personal representative.

 (2) If the affairs of the author of a work are lawfully administered by another person (except under a law for the relief of bankrupt or

  insolvent debtors), the author's moral rights may be exercised and enforced by the person administering his or her affairs.

 (3) Subject to this section, a moral right in respect of a work is not transmissible by assignment, by will, or by devolution by operation of law.

 (4) If:
 (a) a cinematograph film; or
 (b) a literary, dramatic, musical or artistic work as included in a cinematograph film;
has 2 or more authors, the authors may enter into a written co‑authorship agreement by which each of them agrees not to exercise his or her right of integrity of authorship in respect of the film or work, as the case may be, except jointly with the other author or authors.

 (5) A co‑authorship agreement has effect according to its terms.

Division 6—Infringement of moral rights