Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 116AAA

Compensation for acquisition of property

             (1)  This section applies if, apart from this section, subsections 22(3A) and 97(2) and (2A) would result in the acquisition of property from a maker of a sound recording of a live performance by a performer in the performance otherwise than on just terms.

             (2)  There is payable to the maker by the performer such amount of compensation as is agreed on between those persons, or, failing agreement, as is determined by a court of competent jurisdiction.

             (3)  Any damages or compensation recovered or other remedy given in a proceeding that is commenced otherwise than under this section is to be taken into account in assessing compensation payable in a proceeding that is commenced under this section and that arises out of the same event or transaction.

             (4)  Any compensation payable in a proceeding that is commenced under this section is to be taken into account in assessing any damages or compensation or other remedy to be awarded in a proceeding that is commenced otherwise than under this section and that arises out of the same event or transaction.

             (5)  In this section:

"acquisition of property " has the same meaning as in paragraph 51(xxxi) of the Constitution.

"just terms " has the same meaning as in paragraph 51(xxxi) of the Constitution.

"maker " of a sound recording of a live performance means a person mentioned in paragraph 22(3A)(a).

"performer " in a live performance means the following people:

                     (a)  a person who becomes a maker of a sound recording under paragraph 22(3A)(b);

                     (b)  if subsection 22(3B) applies--an employer who becomes a maker of a sound recording under that subsection.



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