Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_195ahb:p2
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 195AHB (pt 2/2)
Character Range: 171323–173005

the performance if:
 (i) a person's name has been inserted or affixed in or on the record as mentioned in paragraph (a); and
 (ii) the attributor knows that the person is not a performer in the performance;
 (c) to communicate the recorded performance to the public as being a performance in which a person is a performer, if the attributor knows that the person is not a performer in the performance.

Acts of false attribution for recorded performances—groups of performers

 (6) For a recorded performance, each of the following acts is an act of false attribution:
 (a) to insert or affix, or authorise the inserting or affixing of, a group name in or on a record embodying the performance in such a way as to imply falsely that the group are performers in the performance;
 (b) to deal with a record embodying the performance if:
 (i) a group name has been inserted or affixed in or on the record as mentioned in paragraph (a); and
 (ii) the attributor knows that the group are not performers in the performance;
 (c) to communicate the recorded performance to the public as being a performance in which a group are performers, if the attributor knows that the group are not performers in the performance.

Silent performers

 (7) It is not an act of false attribution of performership to state that a performer who participated silently in a performance performed in the performance.

Example: X and Y together present a cabaret act in which X sings and Y dances silently. The "performance" for the purposes of this Part consists only of the sounds made by X. It is not an act of false attribution in respect of the performance to state or imply that Y was also a performer.