Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 100AD

             (1)  For the purpose of section 100AE, the makers of a sound recording of a live performance are:

                     (a)  the person or persons who, immediately before the commencement of this section, owned the copyright subsisting in the recording; and

                     (b)  the performer or performers who performed in the performance (other than a performer who is already covered by paragraph (a)).

Employer may be a maker of the sound recording

             (2)  If:

                     (a)  a sound recording of a live performance was made; and

                     (b)  a performer performed 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 (1)(b), the employer is taken to be a maker instead of that performer.

             (3)  Subsection (2) may be excluded or modified by an agreement (whether made before or after the live performance) between the performer and the employer.