195Nature of the identification of author

195  Nature of the identification of author  (1) Subject to subsection (2), the author of a work may be identified by any reasonable form of identification.  (a) the author of a work has made known, either generally or to a person who is required under this Part to identify the author, that the author wishes to be identified in a particular way; and  (b) the identification of the author in that way is reasonable in the circumstances; the identification is to be made in that way. 195AA  Identification of author to be clear and reasonably prominent   An identification of the author of a work must be clear and reasonably prominent. 195AB  What is a reasonably prominent identification   When a literary, dramatic, musical or artistic work is reproduced in a material form, an adaptation is made of a literary, dramatic or musical work, or a copy of a cinematograph film is made, an identification of the author is taken to be reasonably prominent if it is included on each reproduction of the work or of the adaptation or on each copy of the film, as the case may be, in such a way that a person acquiring the reproduction or copy will have notice of the author’s identity. Division 2A—Right of attribution of performership 195ABA  Performer’s right of attribution of performership  (1) A performer in a live performance or recorded performance has a right of attribution of performership in respect of the performance.  (2) The performer’s right is the right to be identified in accordance with this Division as a performer in the performance if any of the acts (the attributable acts) mentioned in section 195ABB are done in respect of the performance. Note: If there is more than one performer in a performance, then each performer has a right of attribution of performership: see subsection 195AZQ(2). 195ABB  Acts giving rise to right of attribution of performership  (1) The attributable acts for a live performance are the following:  (a) communicating the live performance to the public;  (b) staging the live performance in public. Note: For the definition of staged, see section 191A.  (2) The attributable acts for a recorded performance are the following:  (a) making a copy record of the recorded performance;  (b) communicating the recorded performance to the public. 195ABC  Nature of the identification of performer  (1) Subject to this section, a performer may be identified by any reasonable form of identification.  (a) a performer has made known, either generally or to a person who is required under this Part to identify the performer, that the performer wishes to be identified in a particular way; and  (b) the identification of the performer in that way is reasonable in the circumstances; the identification is to be made in that way.  (3) If a performance is presented by performers who use a group name, then identification by using the group name is sufficient identification of the performers in the group. 195ABD  Identification of performer to be clear and reasonably prominent or audible   An identification of a performer must be clear and reasonably prominent or reasonably audible. 195ABE  What is a reasonably prominent identification   When a copy record is made of a recorded performance, an identification of a performer or group of performers is taken to be reasonably prominent if it is included on each copy record of the recorded performance in such a way that a person acquiring the copy record will have notice of the identity of the performer or group. Division 3—Right not to have authorship of a work falsely attributed 195AC  Author’s right not to have authorship falsely attributed  (1) The author of a work has a right not to have authorship of the work falsely attributed.  (2) The author’s right is the right not to have a person (the attributor) do, in respect of the work, any of the acts (the acts of false attribution) mentioned in the following provisions of this Division. 195AD  Acts of false attribution of authorship of a literary, dramatic or musical work   If the work is a literary, dramatic or musical work, it is an act of false attribution in relation to the author of the work:  (a) to insert or affix, or to authorise the inserting or affixing of, a person’s name in or on the work, or in or on a reproduction of the work, in such a way as:  (i) to imply falsely that the person is the author or an author of the work; or  (ii) to imply falsely that the work is an adaptation of a work of the person; or  (b) to deal with the work with a person’s name so inserted or affixed, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of a work of the person, as the case may be; or  (c) to deal with a reproduction of the work, being a reproduction in or on which a person’s name has been so inserted or affixed, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of a work of the person, as the case may be; or  (d) to perform the work in public, or communicate it to the public, as being a work of which a person is the author or as being an adaptation of a work of a person, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of the work of the person, as the case may be. 195AE  Acts of false attribution of authorship of artistic work  (1) This section applies if the work is an artistic work.  (2) It is an act of false attribution in relation to the author of the work:  (a) to insert or affix, or to authorise the inserting or affixing of, a person’s name in or on the work, or in or on a reproduction of the work, or to use, or to authorise the use of, a person’s name in connection with the work, or in connection with a reproduction of the work, in such a way as to imply falsely that the person is an author of the work; or  (b) to deal with the work with a person’s name so inserted or affixed, if the attributor knows that the person is not an author of the work; or  (c) to deal with a reproduction of the work, being a reproduction in or on which a person’s name has been so inserted or affixed, if the attributor knows that the person is not an author of the work; or  (d) to communicate the work to the public as being a work of which a person is the author, if the attributor knows that the person is not an author of the work. 195AF  Acts of false attribution of authorship of cinematograph film  (1) This section applies if the work is a cinematograph film.  (2) It is an act of false attribution in relation to the director, producer or screenwriter of the film:  (a) to insert or affix, or to authorise the inserting or affixing of, a person’s name on the film or on a copy of the film in such a way as to imply falsely that the person is the director, producer or screenwriter, as the case may be, of the film; or  (b) to deal with the film or a copy of the film if a person’s name has been so inserted or affixed on the film or a copy, as the case may be, and the attributor knows that the person is not the director, producer or screenwriter, as the case may be, of the film; or  (c) to communicate the film to the public as being a film of which a person is the director, producer or screenwriter, as the case may be, if the attributor knows that the person is not the director, producer or screenwriter of the film. 195AG  Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work  (1) If the work is a literary, dramatic, musical or artistic work that has been altered by a person other than the author of the work, it is an act of false attribution in relation to the author of the work:  (a) to deal with the work as so altered, as being the unaltered work of the author; or  (b) to deal with a reproduction of the work as so altered, as being a reproduction of the unaltered work of the author; if, to the knowledge of the attributor, it is not the unaltered work or a reproduction of the unaltered work, as the case may be, of the author. 195AH  Act of false attribution of authorship of altered cinematograph film  (1) If the work is a cinematograph film that has been altered by a person other than the maker of the film, it is an act of false attribution in relation to the director, the producer and the screenwriter of the film to deal with a copy of the film as so altered, as being a copy of the unaltered film, if, to the knowledge of the attributor, the copy of the film is not a copy of the unaltered film. Division 3A—Right not to have performership falsely attributed 195AHA  Performer’s right not to have performership falsely attributed  (1) A performer in a live performance or recorded performance has a right not to have performership falsely attributed.  (2) A performer’s right is the right not to have a person (the attributor) do, in respect of the live performance or recorded performance (as the case may be), any of the acts (the acts of false attribution) mentioned in sections 195AHB and 195AHC. Note: If there is more than one performer in a performance, then each performer has a right not to have performership falsely attributed: see subsection 195AZQ(3). 195AHB  Acts of false attribution of performership Acts of false attribution for live performances  (1) For a live performance, it is an act of false attribution for the stager of the performance, or a person authorised by the stager, to state falsely, or imply falsely, to the audience or intended audience immediately before the performance that:  (a) a person is, or will be, a performer in the performance; or  (b) the performance is being, or will be, presented by a particular group of performers. Note: For the definition of staged, see section 191A. Example 1: The stager of a live performance given by X and Y attributes the performance to A and B. This is an act of false attribution in relation to both X and Y. Example 2: The stager of a live performance given by X and Y attributes the performance to X and A. This is an act of false attribution in relation to both X and Y (even though X is mentioned in the attribution).  (2) For a live performance, it is an act of false attribution for the stager of the performance, or a person authorised by the stager, to state falsely, or imply falsely, to the audience during the performance that:  (a) a person is, was, or will be a performer in the performance; or  (b) the performance is being, was, or will be, presented by a particular group of performers.  (3) For a live performance, it is an act of false attribution for the stager of the performance, or a person authorised by the stager, to state falsely, or imply falsely, to the audience immediately after the performance that:  (a) a person was a performer in the performance; or  (b) a particular group of performers presented the performance.  (4) However, doing an act mentioned in subsection (1), (2) or (3) is only an act of false attribution if the performance is in public or is communicated to the public. For this purpose, any unauthorised communication to the public is to be disregarded. Acts of false attribution for recorded performances—individual performers  (5) For a recorded performance, each of the following acts is an act of false attribution:  (a) to insert or affix, or authorise the inserting or affixing of, a person’s name in or on a record embodying the performance in such a way as to imply falsely that the person is a performer in the performance;  (b) to deal with a record embodying the performance if:  (i) a person’s name has been inserted or affixed in or on the record as mentioned in paragraph (a); and  (ii) the attributor knows that the person is not a performer in the performance;  (c) to communicate the recorded performance to the public as being a performance in which a person is a performer, if the attributor knows that the person is not a performer in the performance. Acts of false attribution for recorded performances—groups of performers  (6) For a recorded performance, each of the following acts is an act of false attribution:  (a) to insert or affix, or authorise the inserting or affixing of, a group name in or on a record embodying the performance in such a way as to imply falsely that the group are performers in the performance;  (b) to deal with a record embodying the performance if:  (i) a group name has been inserted or affixed in or on the record as mentioned in paragraph (a); and  (ii) the attributor knows that the group are not performers in the performance;  (c) to communicate the recorded performance to the public as being a performance in which a group are performers, if the attributor knows that the group are not performers in the performance. Silent performers  (7) It is not an act of false attribution of performership to state that a performer who participated silently in a performance performed in the performance. Example: X and Y together present a cabaret act in which X sings and Y dances silently. The “performance” for the purposes of this Part consists only of the sounds made by X. It is not an act of false attribution in respect of the performance to state or imply that Y was also a performer. 195AHC  Act of false attribution of performership of altered recorded performance  (1) If the work is a recorded performance that has been altered by a person other than a performer in the performance, it is an act of false attribution of performership in relation to the performer to deal with a copy of the recorded performance as so altered, as being a copy of the unaltered recorded performance, if, to the knowledge of the attributor, the copy of the recorded performance is not a copy of the unaltered recorded performance. Division 4—Right of integrity of authorship of a work 195AI  Author’s right of integrity of authorship  (1) The author of a work has a right of integrity of authorship in respect of the work.  (2) The author’s right is the right not to have the work subjected to derogatory treatment. 195AJ  Derogatory treatment of literary, dramatic or musical work derogatory treatment, in relation to a literary, dramatic or musical work, means:  (a) the doing, in relation to the work, of anything that results in a material distortion of, the mutilation of, or a material alteration to, the work that is prejudicial to the author’s honour or reputation; or  (b) the doing of anything else in relation to the work that is prejudicial to the author’s honour or reputation. 195AK  Derogatory treatment of artistic work derogatory treatment, in relation to an artistic work, means:  (a) the doing, in relation to the work, of anything that results in a material distortion of, the destruction or mutilation of, or a material alteration to, the work that is prejudicial to the author’s honour or reputation; or  (b) an exhibition in public of the work that is prejudicial to the author’s honour or reputation because of the manner or place in which the exhibition occurs; or  (c) the doing of anything else in relation to the work that is prejudicial to the author’s honour or reputation. 195AL  Derogatory treatment of cinematograph film derogatory treatment, in relation to a cinematograph film, means:  (a) the doing, in relation to the film, of anything that results in a material distortion of, the mutilation of, or a material alteration to, the film that is prejudicial to the maker’s honour or reputation; or  (b) the doing of anything else in relation to the film that is prejudicial to the honour or reputation of the maker of the film. Division 4A—Right of integrity of performership 195ALA  Performer’s right of integrity of performership  (1) A performer in a live performance or recorded performance has a right of integrity of performership in respect of the performance.  (2) The performer’s right is the right not to have the performance subjected to derogatory treatment. Note: If there is more than one performer in a performance, then each performer has a right of integrity of performership: see subsection 195AZQ(4). 195ALB  Derogatory treatment of performance derogatory treatment, in relation to a performer in a live performance or recorded performance, means the doing, in relation to the performance, of anything that results in a material distortion of, the mutilation of, or a material alteration to, the performance that is prejudicial to the performer’s reputation. Division 5—Duration and exercise of moral rights Subdivision A—Duration and exercise of moral rights of authors 195AM  Duration of author’s moral rights  (1) An author’s right of integrity of authorship in respect of a cinematograph film continues in force until the author dies.  (2) An author’s right of integrity of authorship in respect of a work other than a cinematograph film continues in force until copyright ceases to subsist in the work.  (3) An author’s moral rights (other than the right of integrity of authorship) in respect of a work continue in force until copyright ceases to subsist in the work. 195AN  Exercise of author’s moral rights  (1) If the author of a work dies, the author’s moral rights (other than the right of integrity of authorship in respect of a cinematograph film) in respect of the work may be exercised and enforced by his or her legal personal representative.  (2) If the affairs of the author of a work are lawfully administered by another person (except under a law for the relief of bankrupt or insolvent debtors), the author’s moral rights may be exercised and enforced by the person administering his or her affairs.  (3) Subject to this section, a moral right in respect of a work is not transmissible by assignment, by will, or by devolution by operation of law. has 2 or more authors, the authors may enter into a written co‑authorship agreement by which each of them agrees not to exercise his or her right of integrity of authorship in respect of the film or work, as the case may be, except jointly with the other author or authors.  (5) A co‑authorship agreement has effect according to its terms. Subdivision B—Duration and exercise of moral rights of performers 195ANA  Duration of performer’s moral rights for recorded performances  (1) A performer’s right of attribution of performership in respect of a recorded performance continues in force until copyright ceases to subsist in the recorded performance.  (2) A performer’s right not to have performership falsely attributed in respect of a recorded performance continues in force until copyright ceases to subsist in the recorded performance.  (3) A performer’s right of integrity of performership in respect of a recorded performance continues in force until the performer dies. 195ANB  Exercise of performer’s moral rights  (1) If a performer in a live performance or recorded performance dies, the performer’s moral rights in respect of the performance may be exercised and enforced by his or her legal personal representative.  (2) If the affairs of a performer in a live performance or recorded performance are lawfully administered by another person (except under a law for the relief of bankrupt or insolvent debtors), the performer’s moral rights may be exercised and enforced by the person administering his or her affairs.  (3) Subject to this section, a moral right in respect of a live performance or recorded performance is not transmissible by assignment, by will, or by devolution by operation of law.  (4) If there are 2 or more performers in a live performance or recorded performance, then the performers may enter into a written co‑performership agreement by which each of them agrees not to exercise his or her right of integrity of performership in respect of the live performance or recorded performance, as the case may be, except jointly with the other performer or performers.  (5) A co‑performership agreement has effect according to its terms. Division 6—Infringement of moral rights Subdivision A—Infringement of moral rights of authors 195AO  Infringement of right of attribution of authorship   Subject to this Subdivision, a person infringes an author’s right of attribution of authorship in respect of a work if the person does, or authorises the doing of, an attributable act in respect of the work without the identification of the author in accordance with Division 2 as the author of the work. 195AP  Infringement of right not to have authorship falsely attributed   Subject to this Subdivision, a person infringes an author’s right not to have authorship of a work falsely attributed if the person does an act of false attribution in respect of the work. 195AQ  Infringement of right of integrity of authorship  (1) This section has effect subject to this Subdivision.  (2) A person infringes an author’s right of integrity of authorship in respect of a work if the person subjects the work, or authorises the work to be subjected, to derogatory treatment.  (3) If a literary, dramatic or musical work has been subjected to derogatory treatment of a kind mentioned in paragraph (a) of the definition of derogatory treatment in section 195AJ that infringes the author’s right of integrity of authorship in respect of the work, a person infringes the author’s right of integrity of authorship in respect of the work if the person does any of the following in respect of the work as so derogatorily treated:  (a) reproduces it in a material form;  (b) publishes it;  (c) performs it in public;  (d) communicates it to the public;  (e) makes an adaptation of it.  (4) If an artistic work has been subjected to derogatory treatment of a kind mentioned in paragraph (a) of the definition of derogatory treatment in section 195AK that infringes the author’s right of integrity of authorship in respect of the work, a person infringes the author’s right of integrity of authorship in respect of the work if the person does any of the following in respect of the work as so derogatorily treated:  (a) reproduces it in a material form;  (b) publishes it;  (c) communicates it to the public.  (5) If a cinematograph film has been subjected to derogatory treatment of a kind mentioned in paragraph (a) of the definition of derogatory treatment in section 195AL that infringes the author’s right of integrity of authorship in respect of the film, a person infringes the author’s right of integrity of authorship in respect of the film if the person does any of the following in respect of the film as so derogatorily treated:  (a) makes a copy of it;  (b) exhibits it;  (c) communicates it to the public. 195AR  No infringement of right of attribution of authorship if it was reasonable not to identify the author  (1) A person who does, or authorises the doing of, an attributable act in respect of a work does not, because the author of the work is not identified, infringe the author’s right of attribution of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances not to identify the author.  (2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify the author of a literary, dramatic, musical or artistic work include the following:  (a) the nature of the work;  (b) the purpose for which the work is used;  (c) the manner in which the work is used;  (d) the context in which the work is used;  (e) any practice, in the industry in which the work is used, that is relevant to the work or the use of the work;  (f) any practice contained in a voluntary code of practice, in the industry in which the work is used, that is relevant to the work or the use of the work;  (g) any difficulty or expense that would have been incurred as a result of identifying the author;  (h) whether the work was made:  (i) in the course of the author’s employment; or  (ii) under a contract for the performance by the author of services for another person;  (i) if the work has 2 or more authors—their views about the failure to identify them.  (3) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify the maker of a cinematograph film include the following:  (a) the nature of the film;  (b) whether the primary purpose for which the film was made was for exhibition at cinemas, for broadcasting by television or for some other purpose;  (c) the purpose for which the film is used;  (d) the manner in which the film is used;  (e) the context in which the film is used;  (f) any practice, in the industry in which the film is used, that is relevant to the film or the use of the film;  (g) any practice contained in a voluntary code of practice, in the industry in which the film is used, that is relevant to the film or the use of the film;  (h) any difficulty or expense that would have been incurred as a result of identifying the maker;  (i) whether the film was made in the course of the employment of the director, producer or screenwriter. 195AS  No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable  (1) A person does not, by subjecting a work, or authorising a work to be subjected, to derogatory treatment, infringe the author’s right of integrity of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances to subject the work to the treatment.  (2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a literary, dramatic, musical or artistic work to derogatory treatment include the following:  (a) the nature of the work;  (b) the purpose for which the work is used;  (c) the manner in which the work is used;  (d) the context in which the work is used;  (e) any practice, in the industry in which the work is used, that is relevant to the work or the use of the work;  (f) any practice contained in a voluntary code of practice, in the industry in which the work is used, that is relevant to the work or the use of the work;  (g) whether the work was made:  (i) in the course of the author’s employment; or  (ii) under a contract for the performance by the author of services for another person;  (h) whether the treatment was required by law or was otherwise necessary to avoid a breach of any law;  (i) if the work has 2 or more authors—their views about the treatment.  (3) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a cinematograph film to derogatory treatment include the following:  (a) the nature of the film;  (b) whether the primary purpose for which the film was made was for exhibition at cinemas, for broadcasting by television or for some other use;  (c) the purpose for which the film is used;  (d) the manner in which the film is used;  (e) the context in which the film is used;  (f) any practice, in the industry in which the film is used, that is relevant to the film or the use of the film;  (g) any practice contained in a voluntary code of practice, in the industry in which the film is used, that is relevant to the film or the use of the film;  (h) whether the film was made in the course of the employment of the director, producer or screenwriter who alleges that the treatment was derogatory;  (i) whether the treatment was required by law or was otherwise necessary to avoid a breach of any law.  (4) A person who does any act referred to in subsection 195AQ(3), (4) or (5) in respect of a work that has been subjected to derogatory treatment of a kind mentioned in that subsection does not, by doing that act, infringe the author’s right of integrity of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances to do that act. 195AT  Certain treatment of works not to constitute an infringement of the author’s right of integrity of authorship  (1) The destruction of a moveable artistic work is not an infringement of the author’s right of integrity of authorship in respect of the work if the person who destroyed the work gave the author, or a person representing the author, a reasonable opportunity to remove the work from the place where it was situated.  (2) A change in, or the relocation, demolition or destruction of, a building is not an infringement of the author’s right of integrity of authorship in respect of an artistic work that is affixed to or forms part of the building if:  (a) the owner of the building, after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author; or  (b) if paragraph (a) does not apply—the owner complies with subsection (2A) in relation to the change, relocation, demolition or destruction.  (2A) This subsection is complied with by the owner of a building in relation to a change in, or the relocation, demolition or destruction of, the building if:  (a) the owner has, in accordance with the regulations and before the change, relocation, demolition or destruction is carried out, given the author or a person representing the author a written notice stating the owner’s intention to carry out the change, relocation, demolition or destruction; and  (b) the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the work for either or both of the following purposes:  (i) making a record of the work;  (ii) consulting in good faith with the owner about the change, relocation, demolition or destruction; and  (d) where the person to whom the notice was given notifies the owner within the period of 3 weeks referred to in paragraph (b) that the person wishes to have access to the work for either or both of the purposes mentioned in that paragraph—the owner has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and  (e) where, in the case of a change or relocation, the person to whom the notice was given notifies the owner that the person requires the removal from the work of the author’s identification as the author of the work—the owner has complied with the requirement.  (3) A change in, or the relocation, demolition or destruction of, a building is not an infringement of the author’s right of integrity of authorship in respect of the building, or in respect of any plans or instructions used in the construction of the building or a part of the building if:  (a) the owner of the building, after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author, or of any of the authors or persons representing the authors, as the case may be; or  (b) if paragraph (a) does not apply—the owner complies with subsection (3A) in relation to the change, relocation, demolition or destruction.  (3A) This subsection is complied with by the owner of a building in relation to a change in, or the relocation, demolition or destruction of, the building if:  (a) the owner has, in accordance with the regulations and before the change, relocation, demolition or destruction is carried out, given the author or a person representing the author, or the authors or the persons representing the authors, whose identity and location the owner knows, a written notice stating the owner’s intention to carry out the change, relocation, demolition or destruction; and  (b) the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the building for either or both of the following purposes:  (i) making a record of the artistic work;  (ii) consulting in good faith with the owner about the change, relocation, demolition or destruction; and  (d) where the person to whom the notice was given notifies the owner within the period of 3 weeks referred to in paragraph (b) that the person wishes to have access to the building for either or both of the purposes mentioned in that paragraph—the owner has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and  (e) where, in the case of a change or relocation, the person to whom the notice was given notifies the owner that the person requires the removal from the building of the author’s identification as the author of the artistic work—the owner has complied with the requirement.  (4) Subsections (2), (2A), (3) and (3A) do not limit the operation of section 195AG.  (4A) The removal or relocation by a person (the remover) of a moveable artistic work that is situated at a place that is accessible to the public, and was made for installation in that place, is not an infringement of the author’s right of integrity of authorship in respect of the work if the remover:  (a) after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author; or  (b) if paragraph (a) does not apply—complies with subsection (4B) in relation to the removal or relocation.  (4B) This subsection is complied with by the remover in relation to the removal or relocation of a moveable artistic work if:  (a) the remover has, in accordance with the regulations and before the removal or relocation is carried out, given the author or a person representing the author a written notice stating the remover’s intention to carry out the removal or relocation; and  (b) the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the work for either or both of the following purposes:  (i) making a record of the work;  (ii) consulting in good faith with the remover about the removal or relocation; and  (d) where the person to whom the notice was given notifies the remover within the period of 3 weeks referred to in paragraph (b) that the person wishes to have access to the work for either or both of the purposes mentioned in that paragraph—the remover has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and  (e) where the person to whom the notice was given notifies the remover that the person requires the removal from the work of the author’s identification as the author of the work—the remover has complied with the requirement.  (5) Anything done in good faith to restore or preserve a work is not, by that act alone, an infringement of the author’s right of integrity of authorship in respect of the work. 195AU  Infringement by importation for sale or other dealing  (1) An author’s moral right in respect of a work is infringed by a person who imports an article into Australia for the purpose of dealing with the article if the importer knew, or ought reasonably to have known, that, if the article had been made in Australia, it would have been an infringing article. dealing with does not include distributing except where the proposed distribution is for the purposes of sale. 195AV  Infringement by sale and other dealings  (1) An author’s moral right in respect of a work is infringed by a person who, in Australia, deals with an article if the person knew, or ought reasonably to have known, that the article was an infringing article or, in respect of an imported article, would, if it had been made in Australia, have been an infringing article. deals with does not include:  (a) distributes, except where the distribution is for the purposes of sale; or  (b) deals with by means of a dealing covered by paragraph 195AD(b), 195AD(c), 195AE(2)(b), 195AE(2)(c) or 195AF (2)(b) or subsection 195AG(1) or 195AH(1); or  (c) deals with by means of an exhibition that is an attributable act to which section 195AO applies or an exhibition to which subsection 195AQ(5) applies. 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 in respect of a work, the matters that must be taken into account include the following:  (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 in respect of a work merely because another person uses the facilities so provided to do such an act. 195AW  Author’s consent to act or omission—films or works in films  (1A) This section applies to a work that is:  (b) a literary, dramatic, musical or artistic work as included in a cinematograph film.  (1) It is not an infringement of a moral right of an author in respect of a work to do, or omit to do, something if the act or omission is within the scope of a written consent given by the author or a person representing the author.  (2) A consent may be given in relation to all or any acts or omissions occurring before or after the consent is given.  (3) A consent may be given in relation to:  (a) a specified work or specified works existing when the consent is given; or  (b) a work or works of a particular description:  (i) the making of which has not begun; or  (ii) that is or are in the course of being made.  (4) A consent may be given by an employee for the benefit of his or her employer in relation to all works made or to be made by the employee in the course of his or her employment.  (5) A consent given for the benefit of the owner or prospective owner of copyright in the work or works to which it relates is presumed, unless the contrary intention appears in the consent instrument, to extend to his or her licensees and successors in title, and to any persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright.  (6) Subsections (2) to (5), inclusive, do not limit the operation of subsection (1). 195AWA  Author’s consent to act or omission—work that is not a film or included in a film  (1) This section applies to a literary, dramatic, musical or artistic work other than such a work as included in a cinematograph film.  (2) It is not an infringement of a moral right of an author in respect of a work to do, or omit to do, something if the act or omission is within the scope of a written consent genuinely given by the author or a person representing the author.  (3) Subject to subsection (4), a consent does not have any effect unless it is given:  (a) in relation to specified acts or omissions, or specified classes or types of acts or omissions, whether occurring before or after the consent is given; and  (b) in relation to either of the following:  (i) a specified work or specified works existing when the consent is given; or  (ii) a specified work, or works of a particular description, the making of which has not begun or that is or are in the course of being made.  (4) A consent may be given by an employee for the benefit of his or her employer in relation to all or any acts or omissions (whether occurring before or after the consent is given) and in relation to all works made or to be made by the employee in the course of his or her employment.  (5) A consent given for the benefit of the owner or prospective owner of copyright in the work or works to which it relates is presumed, unless the contrary intention appears in the consent instrument, to extend to his or her licensees and successors in title, and to any persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright. 195AWB  Consent invalidated by duress or false or misleading statements  (1) If a person applies duress to an author, or to a person representing an author, in connection with the giving of a consent for the purposes of section 195AW or 195AWA, the consent does not have any effect.  (a) a person makes a statement to another person; and  (b) the person makes the statement knowing:  (i) that the statement is false or misleading in a material particular; or  (ii) that a matter or thing has been omitted from the statement without which the statement is false or misleading in a material particular; and  (c) the person makes the statement with the intention of persuading the other person to give, or not to give, a consent for the purposes of section 195AW or 195AWA; the consent does not have any effect. 195AX  Acts or omissions outside Australia   It is not an infringement of an author’s moral right in respect of a work to do, or omit to do, something outside Australia. Subdivision B—Infringement of moral rights of performers 195AXA  Infringement of right of attribution of performership   Subject to this Subdivision, a person infringes a performer’s right of attribution of performership in respect of a live performance or recorded performance if the person does, or authorises the doing of, an attributable act in respect of the performance without the identification of the performer in accordance with Division 2A as a performer in the performance. 195AXB  Infringement of right not to have performership falsely attributed   Subject to this Subdivision, a person infringes a performer’s right not to have performership falsely attributed if the person does an act of false attribution in respect of the performance. 195AXC  Infringement of right of integrity of performership  (1) This section has effect subject to this Subdivision.  (2) A person infringes a performer’s right of integrity of performership in respect of a live performance or recorded performance if the person subjects the performance, or authorises the performance to be subjected, to derogatory treatment.  (3) If a live performance, as affected by derogatory treatment, has become a recorded performance, then a person infringes a performer’s right of integrity of performership in respect of the live performance if the person does any of the following in respect of the recorded performance:  (a) makes a copy record of the recorded performance;  (b) communicates the recorded performance to the public;  (c) causes the recorded performance to be heard in public.  (4) If a recorded performance has been subjected to derogatory treatment, then a person infringes a performer’s right of integrity of performership in respect of the recorded performance if the person does any of the following in respect of the recorded performance (as affected by the derogatory treatment):  (a) makes a copy record of the recorded performance;  (b) communicates the recorded performance to the public;  (c) causes the recorded performance to be heard in public. 195AXD  No infringement of right of attribution of performership if it was reasonable not to identify the performer  (1) A person who does, or authorises the doing of, an attributable act in respect of a live performance or recorded performance does not, because a performer in the performance is not identified, infringe the performer’s right of attribution of performership in respect of the performance if the person establishes that it was reasonable in all the circumstances not to identify the performer.  (2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify a performer in a live performance or recorded performance include the following:  (a) the nature of the performance;  (b) the purpose for which the performance is used;  (c) the manner in which the performance is used;  (d) the context in which the performance is used;  (e) any practice, in the industry in which the performance is used, that is relevant to the performance or to the use of the performance;  (f) any practice contained in a voluntary code of practice, in the industry in which the performance is used, that is relevant to the performance or to the use of the performance;  (g) any difficulty or expense that would have been incurred as a result of identifying the performer;  (h) whether the performer participated in the performance in the course of the employment of the performer. Note: For example, a performance may be used to attract custom in a hotel or restaurant. 195AXE  No infringement of right of integrity of performership if derogatory treatment or other action was reasonable  (1) A person does not, by subjecting a live performance or recorded performance to derogatory treatment, or by authorising a live performance or recorded performance to be subjected to derogatory treatment, infringe a performer’s right of integrity of performership in respect of the performance if the person establishes that it was reasonable in all the circumstances to subject the performance to the treatment.  (2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a live performance or recorded performance to derogatory treatment include the following:  (a) the nature of the performance;  (b) the purpose for which the performance is used;  (c) the manner in which the performance is used;  (d) any practice, in the industry in which the performance is used, that is relevant to the performance or to the use of the performance;  (e) any practice contained in a voluntary code of practice, in the industry in which the performance is used, that is relevant to the performance or to the use of the performance;  (f) whether the performer who alleges that the treatment was derogatory participated in the performance in the course of the employment of the performer;  (g) whether the treatment was required by law or was otherwise necessary to avoid a breach of any law. Note: For example, a performance may be used to attract custom in a hotel or restaurant.  (3) A person who:  (a) does an act referred to in subsection 195AXC(3) in respect of a live performance that has been subjected to derogatory treatment; or  (b) does an act referred to in subsection 195AXC(4) in respect of a recorded performance that has been subjected to derogatory treatment; does not, by doing that act, infringe a performer’s right of integrity of performership in respect of the performance if the person establishes that it was reasonable in all the circumstances to do that act. 195AXF  Infringement by importation for sale or other dealing  (1) A performer’s moral right in respect of a live performance or recorded performance is infringed by a person who imports an article into Australia for the purpose of dealing with the article if the importer knew, or ought reasonably to have known, that, if the article had been made in Australia, it would have been an infringing article. dealing with does not include distributing except where the proposed distribution is for the purposes of sale. 195AXG  Infringement by sale and other dealings  (1) A performer’s moral right in respect of a live performance or recorded performance is infringed by a person who, in Australia, deals with an article if the person knew, or ought reasonably to have known, that the article was an infringing article or, in respect of an imported article, would, if it had been made in Australia, have been an infringing article. deals with does not include:  (a) distributes, except where the distribution is for the purposes of sale; or  (b) deals with by means of a dealing covered by paragraph 195AHB(5)(b) or (6)(b). 195AXH  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 in a live performance or recorded performance, the matters that must be taken into account include the following:  (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. 195AXI  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 in a live performance or recorded performance merely because another person uses the facilities so provided to do such an act. 195AXJ  Performer’s consent to act or omission  (1) It is not an infringement of a performer’s moral right in respect of a live performance or recorded performance to do, or omit to do, something if the act or omission is within the scope of a written consent given by the performer or a person representing the performer. Note: The consent of one performer does not affect the moral rights of any other performer: see subsection 195AZQ(5).  (2) A consent may be given in relation to all or any acts or omissions occurring before or after the consent is given.  (3) A consent may be given in relation to:  (a) a specified performance or specified performances occurring before the consent is given; or  (b) a performance or performances of a particular description:  (i) that have not yet occurred; or  (ii) that are in the course of occurring.  (4) A consent may be given by an employee for the benefit of his or her employer in relation to all performances in which the employee is to be a performer in the course of his or her employment.  (5) A consent given for the benefit of the owner or prospective owner of copyright in the recorded performance or recorded performances to which the consent relates is presumed, unless the contrary intention appears in the consent instrument, to extend to his or her licensees and successors in title, and to any persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright.  (6) Subsections (2) to (5), inclusive, do not limit the operation of subsection (1). 195AXK  Consent invalidated by duress or false or misleading statements  (1) If a person applies duress to a performer or, if a performer is represented by a person, to the person representing the performer, in connection with the giving of a consent for the purposes of section 195AXJ, the consent does not have any effect.  (a) a person makes a statement to another person; and  (b) the person makes the statement knowing:  (i) that the statement is false or misleading in a material particular; or  (ii) that a matter or thing has been omitted from the statement without which the statement is false or misleading in a material particular; and  (c) the person makes the statement with the intention of persuading the other person to give, or not to give, a consent for the purposes of section 195AXJ; the consent does not have any effect. 195AXL  Acts or omissions outside Australia   It is not an infringement of a performer’s moral right in respect of a live performance or recorded performance to do, or omit to do, something outside Australia. Division 7—Remedies for infringements of moral rights Subdivision A—Remedies for infringement of moral rights of authors 195AY  Definition etc.  (1) In this Subdivision: action means a proceeding of a civil nature between parties, and includes a counterclaim.  (2) In the application of this Subdivision in relation to a counterclaim, references to the defendant are taken to be references to the plaintiff. 195AZ  Actions for infringement of author’s moral rights   If a person infringes any of the moral rights of an author in respect of a work, the infringement is not an offence but the author or a person representing the author may bring an action in respect of the infringement, subject to any co‑authorship agreement in force under section 195AN to which the author is a party. 195AZA  Remedies for infringements of author’s moral rights  (1) Subject to section 203, the relief that a court may grant in an action for an infringement of any of an author’s moral rights in respect of a work includes any one or more of the following:  (a) an injunction (subject to any terms that the court thinks fit);  (b) damages for loss resulting from the infringement;  (c) a declaration that a moral right of the author has been infringed;  (d) an order that the defendant make a public apology for the infringement;  (e) an order that any false attribution of authorship, or derogatory treatment, of the work be removed or reversed.  (2) In exercising its discretion as to the appropriate relief to be granted, the court may take into account any of the following:  (a) whether the defendant was aware, or ought reasonably to have been aware, of the author’s moral rights;  (b) the effect on the author’s honour or reputation resulting from any damage to the work;  (c) the number, and categories, of people who have seen or heard the work;  (d) anything done by the defendant to mitigate the effects of the infringement;  (e) if the moral right that was infringed was a right of attribution of authorship—any cost or difficulty that would have been associated with identifying the author;  (f) any cost or difficulty in removing or reversing any false attribution of authorship, or derogatory treatment, of the work.  (3) In deciding whether or not to grant an injunction under subsection (1), the court must consider whether the parties have made any attempt to negotiate a settlement of the action and whether it should adjourn the hearing or further hearing of the action for the purpose of giving the parties an appropriate opportunity to negotiate a settlement, whether through a process of mediation or otherwise.  (a) the work is a cinematograph film; and  (b) the action is brought by a person who is a screenwriter of the film; and  (c) the relief granted in the action consists of or includes damages; and  (d) the person has already been granted relief by way of damages in an action for an infringement of his or her moral rights as an author of the dramatic work constituted by the script or screenplay for the film; the amount of any damages that, apart from this subsection, would be awarded to the person in the action referred to in paragraph (b) is to be reduced by the amount of the damages awarded to the person in the action referred to in paragraph (d).  (a) the work is a dramatic work constituted by the screenplay or script for a cinematograph film; and  (b) the action is brought by a person who is an author of the screenplay or script; and  (c) the relief granted in the action consists of or includes damages; and  (d) the person has already been granted relief by way of damages in an action for an infringement of his or her moral rights as a screenwriter of the film; the amount of any damages that, apart from this subsection, would be awarded to the person in the action referred to in paragraph (b) is to be reduced by the amount of the damages awarded to the person in the action referred to in paragraph (d).  (6) If, in respect of an act done after the death of an author of a work, damages are recovered under this section by the legal personal representative of the author, those damages devolve as if they formed part of the author’s estate and as if the right of action in respect of the doing of the act had subsisted, and had been vested in the author, immediately before his or her death. Note: Subsection (6) does not apply in relation to the right of integrity of authorship in respect of a cinematograph film, which ends on the author’s death. See subsection 195AM(1). 195AZD  Presumption as to subsistence of copyright   In an action brought under this Part for an infringement of a moral right in respect of a work, copyright is presumed to subsist in the work if the defendant does not put in issue the question whether copyright subsists in the work. 195AZE  Presumption as to subsistence of author’s moral rights   In an action brought under this Part for an infringement of a moral right in respect of a work, if copyright is presumed or proved to have subsisted in the work when the infringement is alleged to have occurred, the moral right is presumed to have subsisted in the work at that time. 195AZF  Presumptions in relation to authorship of work  (1) Section 127 applies in respect of an action brought under this Part.  (2) If a name purporting to be the name of the director, producer or screenwriter of a cinematograph film appeared on copies of the film that were issued when the film was made, then, in an action brought under this Part, the person whose name so appeared is, if it was his or her true name or a name by which he or she was commonly known, presumed, unless the contrary is established, to be the director, producer or screenwriter, as the case may be, of the film. 195AZG  Other presumptions in relation to literary, dramatic, musical or artistic work   Sections 128 and 129 apply in respect of an action brought under this Part. Subdivision B—Remedies for infringement of moral rights of performers 195AZGA  Definition etc.  (1) In this Subdivision: action means a proceeding of a civil nature between parties, and includes a counterclaim.  (2) In the application of this Subdivision in relation to a counterclaim, references to the defendant are taken to be references to the plaintiff. 195AZGB  Actions for infringement of performer’s moral rights   If a person infringes any of the moral rights of a performer in respect of a live performance or recorded performance, then the performer or a person representing the performer may bring an action in respect of the infringement, subject to any co‑performership agreement in force under section 195ANB to which the performer is a party. 195AZGC  Remedies for infringements of performer’s moral rights  (1) Subject to section 203, the relief that a court may grant in an action for an infringement of any of a performer’s moral rights in respect of a live performance or recorded performance includes any one or more of the following:  (a) an injunction (subject to any terms that the court thinks fit);  (b) damages for loss resulting from the infringement;  (c) a declaration that a moral right of the performer has been infringed;  (d) an order that the defendant make a public apology for the infringement;  (e) an order that any false attribution of performership, or derogatory treatment, of the performance be removed or reversed.  (2) In exercising its discretion as to the appropriate relief to be granted, the court may take into account any of the following:  (a) whether the defendant was aware, or ought reasonably to have been aware, of the performer’s moral rights;  (b) the effect on the performer’s reputation resulting from any damage to the performance;  (c) the number, and categories, of people who have heard the performance;  (d) anything done by the defendant to mitigate the effects of the infringement;  (e) if the moral right that was infringed was a right of attribution of performership—any cost or difficulty that would have been associated with identifying the performer;  (f) any cost or difficulty in removing or reversing any false attribution of performership, or derogatory treatment, of the performance.  (3) In deciding whether or not to grant an injunction under subsection (1), the court must consider whether the parties have made any attempt to negotiate a settlement of the action and whether it should adjourn the hearing or further hearing of the action for the purpose of giving the parties an appropriate opportunity to negotiate a settlement, whether through a process of mediation or otherwise.  (4) If, after the death of a performer, in respect of an act done in a live performance or recorded performance, damages are recovered under this section by the legal personal representative of the performer, those damages devolve as if they formed part of the performer’s estate and as if the right of action in respect of the doing of the act had subsisted, and had been vested in the performer, immediately before his or her death. Note: Subsection (4) does not apply in relation to the right of integrity of performership, which ends on the performer’s death: see section 195ANA. 195AZGD  Presumption as to subsistence of copyright   In an action brought under this Part for an infringement of a moral right in respect of a recorded performance, copyright is presumed to subsist in the recorded performance if the defendant does not put in issue the question whether copyright subsists in the recorded performance. 195AZGE  Presumption as to subsistence of performer’s moral rights  (1) In an action brought under this Part for an infringement of a moral right in respect of a recorded performance, if copyright is presumed or proved to have subsisted in the recorded performance when the infringement is alleged to have occurred, then the moral right is presumed to have subsisted in the recorded performance at that time.  (2) This section has effect subject to subsection 195ANA(3). 195AZGF  Presumptions in relation to performership  (1) If a name purporting to be the name of a performer appears on a record embodying a performance so as to indicate that the person was a performer in the performance, then, in an action brought under this Part, the person whose name so appeared is, if it was his or her true name or a name by which he or she was commonly known, presumed, unless the contrary is established, to be a performer in the performance.  (2) If a name purporting to be the name of a group of performers appears on a record embodying a performance so as to indicate that the group performed in the performance, then, in an action brought under this Part, the group whose name so appeared is, if it was a name by which the group was commonly known, presumed, unless the contrary is established, to have performed in the performance. Subdivision C—Miscellaneous 195AZGG  Saving of other rights and remedies  (1) Subject to this section, this Part does not affect any right of action or other remedy, whether civil or criminal, in proceedings brought otherwise than under this Part.  (2) Any damages recovered in proceedings brought under this Part are to be taken into account in assessing damages in proceedings brought otherwise than under this Part and arising out of the same event or transaction.  (3) Any damages recovered in proceedings brought otherwise than under this Part are to be taken into account in proceedings brought under this Part and arising out of the same event or transaction. 195AZGH  Jurisdiction of courts  (1) The jurisdiction of the Supreme Court of a State or Territory in a matter arising under this Part is to be exercised by a single Judge of the Court.  (2) Subject to subsection (3), a decision of a court of a State or Territory (however constituted) under this Part is final.  (3) An appeal lies from a decision of a court of a State or Territory under this Part:  (4) The Federal Court of Australia has jurisdiction with respect to matters arising under this Part.  (5) The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction with respect to matters arising under this Part. Division 8—Miscellaneous Subdivision A—Miscellaneous provisions about moral rights of authors 195AZH  Parts of works   Moral rights in respect of a work apply in relation to a whole or a substantial part of the work. 195AZI  Works of joint authorship  (1) This section applies to a literary, dramatic, musical or artistic work that is a work of joint authorship.  (2) The right of attribution of authorship in respect of the work is a right of each joint author to be identified as a joint author.  (3) An act of false attribution in respect of the work infringes the right of each joint author not to have authorship of the work falsely attributed.  (4) The right of integrity of authorship in respect of the work is a right of each joint author.  (5) The consent of one joint author to any act or omission affecting his or her moral rights in respect of the work does not affect the moral rights of the other joint author or other joint authors in respect of the work. 195AZJ  Cinematograph films that have more than one principal director  (1) This section applies to a cinematograph film that has more than one principal director.  (2) The director’s right of attribution of authorship in respect of the film is a right of each director to be identified as a director.  (3) An act of false attribution in respect of the direction of the film infringes the right of each director not to have the direction of the film falsely attributed.  (4) The director’s right of integrity of authorship in respect of the film is a right of each director.  (5) The consent of one director to any act or omission affecting his or her moral rights in respect of the film does not affect the moral rights of the other director or other directors in respect of the film. 195AZK  Cinematograph films that have more than one principal producer  (1) This section applies to a cinematograph film of which more than one individual is the principal producer.  (2) The producer’s right of attribution of authorship in respect of the film is a right of each producer to be identified as a producer.  (3) An act of false attribution in respect of the production of the film infringes the right of each producer not to have the production of the film falsely attributed.  (4) The producer’s right of integrity of authorship in respect of the film is a right of each producer.  (5) The consent of one producer to any act or omission affecting his or her moral rights in respect of the film does not affect the moral rights of the other producer or other producers in respect of the film. 195AZL  Cinematograph films that have more than one principal screenwriter  (1) This section applies to a cinematograph film of which there is more than one principal screenwriter.  (2) The screenwriter’s right of attribution of authorship in respect of the film is a right of each screenwriter to be identified as a screenwriter.  (3) An act of false attribution of authorship in respect of the script or screenplay of the film infringes the right of each screenwriter not to have the authorship of the script or screenplay of the film falsely attributed.  (4) The screenwriter’s right of integrity of authorship in respect of the film is a right of each screenwriter.  (5) The consent of one screenwriter to any act or omission affecting his or her moral rights in respect of the film does not affect the moral rights of the other screenwriter or other screenwriters in respect of the film. 195AZM  Application—right of attribution of authorship  (1) The right of attribution of authorship in respect of: subsists only if the cinematograph film is made after the commencement of this Part.  (2) The right of attribution of authorship in respect of a literary, dramatic, musical or artistic work other than such a work as included in a cinematograph film subsists in respect of a work made before or after the commencement of this Part but this Part only applies in relation to attributable acts done after that commencement. Note: Subsection 22(1) explains when a literary, dramatic, musical or artistic work is taken to be made and paragraph 22(4)(a) explains when a cinematograph film is taken to be made. 195AZN  Application—right not to have authorship falsely attributed  (1) The right not to have authorship falsely attributed subsists in respect of a work made before or after the commencement of this Part but this Part only applies in relation to acts of false attribution done after that commencement.  (2) Paragraph 195AD(b) or (c), 195AE(2)(b) or (c) or 195AF(2)(b) applies to an act of false attribution done after the commencement of this Part even if the name concerned was inserted or affixed before that commencement. Note: Subsection 22(1) explains when a literary, dramatic, musical or artistic work is taken to be made and paragraph 22(4)(a) explains when a cinematograph film is taken to be made. 195AZO  Application—right of integrity of authorship  (1) The right of integrity of authorship in respect of: subsists only if the cinematograph film is made after the commencement of this Part.  (2) Subject to subsection (3), the right of integrity of authorship in respect of a literary, dramatic, musical or artistic work, other than such a work as included in a cinematograph film, subsists in respect of a work made before or after the commencement of this Part.  (3) This Part applies in relation to an infringement of a right of integrity of authorship that subsists in respect of a work referred to in subsection (2) that was made before the commencement of this Part only if the infringement occurs after the commencement of this Part. However, an act referred to in paragraph 195AQ(3)(a), (b), (c), (d) or (e) or (4)(a), (b) or (c) is not an infringement if the relevant derogatory treatment occurred before that commencement. Note: Subsection 22(1) explains when a literary, dramatic, musical or artistic work is taken to be made and paragraph 22(4)(a) explains when a cinematograph film is taken to be made. Subdivision B—Miscellaneous provisions about moral rights of performers 195AZP  Parts of performances   Moral rights in respect of a live performance or recorded performance apply in relation to the whole or a substantial part of the performance. 195AZQ  Performances that have more than one performer  (1) This section applies to a live performance or recorded performance that has more than one performer.  (2) A performer’s right of attribution of performership in respect of the performance is a right of the performer to be identified as a performer. Example: If X and Y are the performers in a performance, then each of them has the right to be identified. However, there is no infringement of X’s moral right if Y is not identified (and vice versa). Note: See also subsection 195ABC(3), which relates to the use of group names.  (3) An act of false attribution of performership in respect of the performance infringes each performer’s right not to have performership falsely attributed. Example: X and Y are the performers in a performance that is falsely attributed to X and Z. This false attribution infringes X’s moral right and Y’s moral right.  (4) The right of integrity of performership in respect of the performance is a right of each performer. Example: X and Y are the performers in a performance. The performance is subjected to derogatory treatment that is prejudicial to X’s reputation but not to Y’s reputation. The result is an infringement of X’s right of integrity of performership but not an infringement of Y’s right of integrity of performership.  (5) The consent of one performer to any act or omission affecting his or her moral rights in respect of the performance does not affect the moral rights of any other performer in respect of the performance. 195AZR  Application  (1) Moral rights in respect of a live performance only subsist in a live performance that occurs after the commencement of this section.  (2) Moral rights in respect of a recorded performance only subsist if the live performance concerned occurs after the commencement of this section. Part X—Miscellaneous Division 1—Interpretation