Document ID: chunk:federal_register_of_legislation:C2024C00854:section:98
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 98
Character Range: 247656–249317

98  Ownership of copyright in cinematograph films
 (1) This section has effect subject to Parts VII and X.
 (2) Subject to the next succeeding subsection, the maker of a cinematograph film is the owner of any copyright subsisting in the film by virtue of this Part.
 (3) Where:
 (a) a person makes, for valuable consideration, an agreement with another person for the making of a cinematograph film by the other person; and
 (b) the film is made in pursuance of the agreement;
the first‑mentioned person is, in the absence of any agreement to the contrary, the owner of any copyright subsisting in the film by virtue of this Part.
 (4) If the film is not a commissioned film, then the reference in subsection (2) to the maker of the film includes a reference to each director of the film.
 (5) If a director directed the film under the terms of his or her employment under a contract of service or apprenticeship with another person (the employer), then, in the absence of any agreement to the contrary, the employer is to be substituted for the director for the purposes of subsection (4).
 (6) If a person becomes an owner of the copyright:
 (a) because of the operation of subsection (4); or
 (b) because of the operation of subsections (4) and (5);
then the person becomes the owner of the copyright only so far as the copyright consists of the right to include the film in a retransmission of a free‑to‑air broadcast.
 (7) In this section:
commissioned film means a film made as mentioned in paragraphs (3)(a) and (b).
director has the same meaning as in Part IX.
retransmission means a retransmission (as defined in section 10) to which Part VC applies.