COPYRIGHT AMENDMENT (MORAL RIGHTS) ACT 2000 NO. 159, 2000 - SCHEDULE 2 - Consequential amendments of the Copyright Act 1968

COPYRIGHT AMENDMENT (MORAL RIGHTS) ACT 2000 NO. 159, 2000 - SCHEDULE 2

1 Section 189 (definition of transmit)

2 Paragraph 194(1)(d)

(d)

to communicate the work to the public;

3 Paragraph 194(2)(d)

(d)

to communicate the work to the public.

4 Paragraph 194(3)(c)

(c)

to communicate the film to the public.

5 Paragraph 195AD(d)

6 Paragraph 195AE(2)(d)

7 Paragraph 195AF(2)(c)

8 Paragraph 195AQ(3)(d)

(d)

communicates it to the public;

9 Paragraphs 195AQ(4)(c) and (5)(c)

(c)

communicates it to the public.

10 After section 195AV

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.