Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 195AZQ

Performances that have more than one performer

             (1)  This section applies to a live performance or recorded performance that has more than one performer.

             (2)  A performer's right of attribution of performership in respect of the performance is a right of the performer to be identified as a performer.

Example:    If X and Y are the performers in a performance, then each of them has the right to be identified. However, there is no infringement of X's moral right if Y is not identified (and vice versa).

Note:          See also subsection 195ABC(3), which relates to the use of group names.

             (3)  An act of false attribution of performership in respect of the performance infringes each performer's right not to have performership falsely attributed.

Example:    X and Y are the performers in a performance that is falsely attributed to X and Z. This false attribution infringes X's moral right and Y's moral right.

             (4)  The right of integrity of performership in respect of the performance is a right of each performer.

Example:    X and Y are the performers in a performance. The performance is subjected to derogatory treatment that is prejudicial to X's reputation but not to Y's reputation. The result is an infringement of X's right of integrity of performership but not an infringement of Y's right of integrity of performership.

             (5)  The consent of one performer to any act or omission affecting his or her moral rights in respect of the performance does not affect the moral rights of any other performer in respect of the performance.



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