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Copyright Changes- Performers Rights In Live Sound Recordings |
Schedule 9 of the US Free Trade Agreement Implementation Act 2004 has brought in significant reforms to the Copyright Act 1968. One notable aspect is clause 22(3) of the amended Copyright Act, which grants joint copyright in live sound recordings to the performers and the media owner. Previously the media owner, who in most cases would be a record company, television station or event organiser, had sole ownership of the copyright. |
This amendment grants further rights than the "Performer's Rights" contained in part XIA of the Act, which contain non-copyright protection for performers to authorise recordings of their performance and prohibit distribution where there are unauthorised recordings. |
A potential conflict lies in the effective use and licensing of the recordings given the overlapping rights of the various performers and the media owner. Several mechanisms in the Act attempt to overcome this hurdle. Section 113A provides that an agent is taken to be acting on behalf of a group of performers where their actions are within the scope of their "actual or apparent authority". |
The practical affect of these changes has yet to be realised. It is likely that media owners may try to regain their sole rights through the use of employment contracts that assign the performer's copyright prior to any performance. |
Chris Wilde and our Entertainment Group team can assist in ensuring that your contracts adequately protect your business following these changes. |
chris.wild@cmlawyers.com.au
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