COPYRIGHT ACT 1968 - SECT 100AD Makers of pre - commencement sound recordings of live performances

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.