Australia Introduces Moral Rights For Performers
In accordance with the announcement in the Government Gazette of 6 June 2007, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty came into force for Australia yesterday (26 July 2007).
Changes made to Australian copyright law by the Digital Agenda Amendment Act 2000 and the US Free Trade Agreement Implementation Act 2004 meant that Australia had already fulfilled most of its obligations under the treaties. However, the operation of amendments to Part IX of the Copyright Act (relating to moral rights for performers, and enacted as part of the US Free Trade Agreement Implementation Act 2004) was dependent on the WIPO Performances and Phonograms Treaty coming into force.
The now-operative amendments give new rights to individual performers (including conductors). The new rights include:
* the right of attribution of performership;
* the right not to have performership falsely attributed; and
* the right of integrity of performership.
These moral rights only subsist in respect of live performances (including, for example, live radio broadcasts) and sound recordings of live performances where the performance or recording was made after the commencement of the amendments.
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