Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 22

Provisions relating to the making of a work or other subject-matter

Literary, dramatic, musical or artistic works

             (1)  A reference in this Act to the time when, or the period during which, a literary, dramatic, musical or artistic work was made shall be read as a reference to the time when, or the period during which, as the case may be, the work was first reduced to writing or to some other material form.

             (2)  For the purposes of this Act, a literary, dramatic or musical work that exists in the form of sounds embodied in an article or thing shall be deemed to have been reduced to a material form and to have been so reduced at the time when those sounds were embodied in that article or thing.

Sound recordings

             (3)  For the purposes of this Act:

                     (a)  a sound recording, other than a sound recording of a live performance, shall be deemed to have been made at the time when the first record embodying the recording was produced; and

                     (b)  the maker of the sound recording is the person who owned that record at that time.

          (3A)  For the purposes of this Act, the makers of a sound recording of a live performance are:

                     (a)  the person or persons who, at the time of the recording, own the record on which the recording is made; and

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

Note:          A performer might be liable to pay compensation under section 116AAA to a person who owns the record on which the recording is made.

          (3B)  If:

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

                     (b)  a performer performs 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 (3A)(b), the employer is taken to be a maker instead of that performer.

          (3C)  Subsection (3B) may be excluded or modified by agreement between the performer and the employer.

Cinematograph films

             (4)  For the purposes of this Act:

                     (a)  a reference to the making of a cinematograph film shall be read as a reference to the doing of the things necessary for the production of the first copy of the film; and

                     (b)  the maker of the cinematograph film is the person by whom the arrangements necessary for the making of the film were undertaken.

Broadcasts and other communications

             (5)  For the purposes of this Act, a broadcast is taken to have been made by the person who provided the broadcasting service by which the broadcast was delivered.

             (6)  For the purposes of this Act, a communication other than a broadcast is taken to have been made by the person responsible for determining the content of the communication.

          (6A)  To avoid doubt, for the purposes of subsection (6), a person is not responsible for determining the content of a communication merely because the person takes one or more steps for the purpose of:

                     (a)  gaining access to what is made available online by someone else in the communication; or

                     (b)  receiving the electronic transmission of which the communication consists.

Example:    A person is not responsible for determining the content of the communication to the person of a web page merely because the person clicks on a link to gain access to the page.

Definitions

             (7)  In this section:

"live performance " means:

                     (a)  a performance (including an improvisation) of a dramatic work, or part of such a work, including such a performance given with the use of puppets; or

                     (b)  a performance (including an improvisation) of a musical work or part of such a work; or

                     (c)  the reading, recitation or delivery of a literary work, or part of such a work, or the recitation or delivery of an improvised literary work; or

                     (d)  a performance of a dance; or

                     (e)  a performance of a circus act or a variety act or any similar presentation or show; or

                      (f)  a performance of an expression of folklore;

being a live performance, whether in the presence of an audience or otherwise.

"performer " in a live performance:

                     (a)  means each person who contributed to the sounds of the performance; and

                     (b)  if the performance includes a performance of a musical work--includes the conductor.

"sound recording of a live performance " means a sound recording, made at the time of the live performance, consisting of, or including, the sounds of the performance.



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