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COPYRIGHT AMENDMENT (MORAL RIGHTS) ACT 2000 NO. 159, 2000 - SCHEDULE 2
- Consequential amendments of the Copyright Act 1968
1 Section 189 (definition of transmit)
Repeal the definition.
2 Paragraph
194(1)(d)
Repeal the paragraph, substitute:
- (d)
- to communicate the work to
the public;
3 Paragraph 194(2)(d)
Repeal the paragraph, substitute:
- (d)
- to communicate
the work to the public.
4 Paragraph 194(3)(c)
Repeal the paragraph, substitute:
- (c)
- to communicate
the film to the public.
5 Paragraph 195AD(d)
Omit "in public or transmit the work", substitute "the
work in public, or communicate it to the public,".
6 Paragraph 195AE(2)(d)
Omit "transmit the work", substitute "communicate the work to the public".
7
Paragraph 195AF(2)(c)
Omit "transmit the film", substitute "communicate the
film to the public".
8 Paragraph 195AQ(3)(d)
Repeal the paragraph,
substitute:
- (d)
- communicates it to the public;
9 Paragraphs 195AQ(4)(c) and (5)(c)
Repeal the paragraphs, substitute:
- (c)
- communicates it to the public.
10 After section 195AV
Insert:
195AVA Matters to be taken into account
In determining whether a person has authorised the doing of an act that is an
infringement of moral rights, the matters that must be taken into account
include the following:
- (a)
- the extent (if any) of the person's power to prevent the doing of the act
concerned;
- (b)
- the nature of any relationship existing between the person and the person
who did the act concerned;
- (c)
- whether the person took any reasonable steps to prevent or avoid the doing
of the act, including whether the person complied with any relevant industry
codes of practice.
195AVB Communication by use of certain facilities
A person (including a carrier or carriage service provider) who provides
facilities for making, or facilitating the making of, a communication is not
taken to have authorised the doing of an act that is an infringement of moral
rights merely because another person uses the facilities so provided to do
such an act.
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