Document ID: chunk:federal_register_of_legislation:C2004A00752:clause:1_189:p1
Version: federal_register_of_legislation:C2004A00752
Segment Type: clause
Provision Reference: sch 1 cl 189 (pt 1/2)
Character Range: 1791–4538

189  Definitions

  In this Part, unless the contrary intention appears:

act of false attribution has the meaning given by subsection 195AC(2).

artistic work means an artistic work in which copyright subsists.

attributable act has the meaning given by subsection 193(2).

attributor has the meaning given by subsection 195AC(2).

author, in relation to a cinematograph film, means the maker of the film.

cinematograph film means the complete and final version of a cinematograph film in which copyright subsists.

deal means sell, let for hire, by way of trade offer or expose for sale or hire, exhibit in public, or distribute and, in Division 3, includes publish.

derogatory treatment has the relevant meaning given by Division 4.

director, in relation to a cinematograph film, has a meaning affected by section 191.

dramatic work means a dramatic work in which copyright subsists.

infringing article means:
 (a) an article that embodies a literary, dramatic, musical or artistic work, or a cinematograph film, whether or not the article bears or contains other material; or
 (b) a reproduction of, or of an adaptation of, a literary, dramatic or musical work; or
 (c) a reproduction of an artistic work; or
 (d) a copy of a cinematograph film;
being a work or film in respect of which a moral right of the author has been infringed, other than by derogatory treatment not involving the material distortion or alteration of, or the mutilation of, the work or film.

literary work means a literary work in which copyright subsists.

maker, in relation to a cinematograph film, means the director of the film, the producer of the film and the screenwriter of the film.

moral right means:
 (a) a right of attribution of authorship; or
 (b) a right not to have authorship falsely attributed; or
 (c) a right of integrity of authorship.

musical work means a musical work in which copyright subsists.

name, in Division 3, includes a pseudonym, initials or a monogram.

person representing the author, in relation to a possible infringement of any of an author's moral rights in respect of a work, means a person who, under subsection 195AN(1) or (2), is entitled to exercise and enforce the moral right concerned.

producer, in relation to a cinematograph film, has the meaning given by section 191.

right of attribution of authorship has the meaning given by Division 2.

right of integrity of authorship has the meaning given by Division 4.

right not to have authorship falsely attributed has the meaning given by Division 3.

screenwriter, in relation to a cinematograph film, means the person who wrote the script or screenplay of the film, as that meaning is affected by section 191.

transmit means:
 (a) broadcast; or
 (b) cause to