Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_2
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 2
Character Range: 141471–142623

2  After subsection 22(3)
Insert:

 (3A) For the purposes of this Act, the makers of a sound recording of a live performance are:
 (a) the person or persons who, at the time of the recording, own the record on which the recording is made; and
 (b) the performer or performers who performed in the performance (other than a performer who is already covered by paragraph (a)).

Note: A performer might be liable to pay compensation under section 116AAA to a person who owns the record on which the recording is made.

 (3B) If:
 (a) a sound recording of a live performance is made; and
 (b) a performer performs 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 (3A)(b), the employer is taken to be a maker instead of that performer.

 (3C) Subsection (3B) may be excluded or modified by agreement between the performer and the employer.

Note 1: The following heading to subsection 22(4) is inserted "Cinematograph films".

Note 2: The following heading to subsection 22(5) is inserted "Broadcasts and other communications".