copyright-amendment-moral-rights-act-2000.pdf, p.7
Repeal Part and substitute with new provision
1 Part IX
189 Definitions
Term has meaning if defined in this section
copyright-amendment-moral-rights-act-2000.pdf, p.9
190 Moral rights conferred on individuals
191 Director, producer and screenwriter of cinematograph film
Defines principal director for cinematograph film
191(1) Director, producer and screenwriter of cinematograph film
Defines the producer of a cinematograph film for moral rights purposes.
191(2) Director, producer and screenwriter of cinematograph film
The individual who was the principal producer of the film is within the temporal scope of the definition of the term 'producer'.
Defines the temporal scope of the term 'producer' for moral rights purposes.
The term 'producer' is used in this Part.
The individual who was the principal producer of the film is subject to the application of moral rights.
Defines the application of moral rights to cinematograph films.
The individual who was the principal producer of the film is referred to as the producer.
The individual who was the principal producer of the film is within the scope of the moral rights of authors.
Defines the scope of the moral rights of authors.
The individual who was the principal producer of the film is within the duration of the moral rights of authors.
Defines the duration of the moral rights of authors.
Moral rights of director and screenwriter prevail over producer's body corporate
191(3) Director, producer and screenwriter of cinematograph film
Producer's body corporate has no moral rights
Director and screenwriter have moral rights
Definition of principal screenwriter for cinematograph film
191(4) Director, producer and screenwriter of cinematograph film
copyright-amendment-moral-rights-act-2000.pdf, p.10
Moral rights of authors are additional to other rights.
192 Rights to be additional to other rights
193 Author’s right of attribution of authorship
Author has a right of attribution of authorship.
193(1) Author’s right of attribution of authorship
Right to be identified as author of the work
193(2) Author’s right of attribution of authorship
194 Acts giving rise to right of attribution of authorship
Acts giving rise to right of attribution of authorship
194(1) Acts giving rise to right of attribution of authorship
...the attributable acts are the following:
Overlaps with Acts giving rise to right of attribution of authorship
(1) If the work is a literary, dramatic or musical work...
Recognizes the right of attribution of authorship in works that are literary, dramatic or musical
Has the right of attribution of authorship
Diffuses to all works that are literary, dramatic or musical
Holds for all works that are literary, dramatic or musical
194(2) Acts giving rise to right of attribution of authorship
Attributable acts for cinematograph film authorship
194(3) Acts giving rise to right of attribution of authorship
copyright-amendment-moral-rights-act-2000.pdf, p.11
195 Nature of the identification of author
The author of a work may be identified by any reasonable form of identification.
195(1) Nature of the identification of author
Identification of author in specified way.
Author's identification method is reasonable in circumstances.
195(2) Nature of the identification of author
Identification must be in specified way.
Author identification must be clear and prominent.
195AA Identification of author to be clear and reasonably
Obligation to provide clear author identification.
Identification of author's identity must be reasonably prominent on reproductions or copies.
195AB What is a reasonably prominent identification
Reproduction or copy made without identification.
copyright-amendment-moral-rights-act-2000.pdf, p.12
195AC Author’s right not to have authorship falsely attributed
Author has a right not to have authorship falsely attributed.
195AC(1) Author’s right not to have authorship falsely attributed
Right not to have authorship falsely attributed
195AC(2) Author’s right not to have authorship falsely attributed
False attribution of authorship in literary, dramatic or musical works
195AD Acts of false attribution of authorship of a literary, dramatic
copyright-amendment-moral-rights-act-2000.pdf, p.13
195AE Acts of false attribution of authorship of artistic work
Prohibition on acts of false attribution of authorship of artistic work
195AE(1) Acts of false attribution of authorship of artistic work
Prohibits acts of false attribution of authorship of artistic work
(1) This section applies if the work is an artistic work.
False attribution of authorship of artistic work is prohibited.
195AE(2) Acts of false attribution of authorship of artistic work
195AF Acts of false attribution of authorship of cinematograph film
Prohibits acts of false attribution of authorship of cinematograph film
195AF(1) Acts of false attribution of authorship of cinematograph film
The provision applies to works produced after this section's commencement.
Defines the temporal interval for application
(1) This section applies if the work is a cinematograph film.
The provision represents the prohibition of false attribution.
Represents the knowledge about the provision
The act of false attribution is prohibited.
The provision applies to works produced by the same author or producer.
Defines the recurring trace for application
The provision conforms to the schema for prohibiting false attribution.
Validates the provision against a schema
False attribution of authorship of cinematograph film
195AF(2) Acts of false attribution of authorship of cinematograph film
copyright-amendment-moral-rights-act-2000.pdf, p.14
195AG Acts of false attribution of authorship of altered literary,
Dealing with an altered work as if it were unaltered or a reproduction of the unaltered work is prohibited.
195AG(1) Acts of false attribution of authorship of altered literary,
Temporal interval for when the prohibition applies
Exemption from subsection (1) if alteration is insubstantial or necessary to avoid a breach of law.
195AG(2) Acts of false attribution of authorship of altered literary,
Alteration is insubstantial or necessary to avoid a breach of law.
195AH Act of false attribution of authorship of altered
Dealing with a copy of an altered film as if it were unaltered is false attribution.
195AH(1) Act of false attribution of authorship of altered
The attributor must know when the unaltered film was created.
Requires knowledge of the unaltered film's temporal interval.
The attributor must not deal with the copy as if it were unaltered.
Prohibits dealing with a copy of an altered film as if it were unaltered.
Exemption from moral rights for alterations required by law or necessary to avoid a breach of law.
195AH(2) Act of false attribution of authorship of altered
...the alteration was required by law to be made, or was otherwise necessary to avoid a breach of any law.
Moral rights exemption for necessary alterations
copyright-amendment-moral-rights-act-2000.pdf, p.15
195AI Author’s right of integrity of authorship
Author's right to integrity of authorship
195AI(1) Author’s right of integrity of authorship
Author has a right to integrity of authorship
Right not to have work subjected to derogatory treatment
195AI(2) Author’s right of integrity of authorship
Derogatory treatment of literary, dramatic or musical work is prohibited.
195AJ Derogatory treatment of literary, dramatic or musical work
Prohibits derogatory treatment of literary, dramatic or musical work.
Classifies derogatory treatment as a violation of author's honour or reputation.
Derogatory treatment of artistic work is prohibited.
195AK Derogatory treatment of artistic work
Prohibits derogatory treatment of artistic work.
Classifies derogatory treatment as prohibited.
copyright-amendment-moral-rights-act-2000.pdf, p.16
Derogatory treatment of cinematograph film is prohibited.
195AL Derogatory treatment of cinematograph film
Derogatory treatment is prohibited at all times.
Prohibits derogatory treatment at all times.
The State prohibits derogatory treatment.
Classifies derogatory treatment as a prohibition using AI.
Prohibits derogatory treatment of cinematograph film.
Classifies derogatory treatment as a prohibition.
Derogatory treatment means anything that results in a material distortion of the film.
195AM Duration of moral rights
Author's right of integrity of authorship continues until death.
195AM(1) Duration of moral rights
The duration of moral rights is during the author's death.
(1) An author's right of integrity of authorship in respect of a cinematograph film continues in force until the author dies.
The author's right of integrity of authorship continues until death.
Author's right of integrity of authorship continues until copyright ceases to subsist.
195AM(2) Duration of moral rights
The copyright duration is during the author's right of integrity of authorship.
(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.
The author recognizes their right of integrity of authorship.
The copyright diffuses during the author's right of integrity of authorship.
The author validates their right of integrity of authorship.
Moral rights continue until copyright ceases to subsist.
195AM(3) Duration of moral rights
in force until copyright ceases to subsist.
195AN Exercise of moral rights
Exercise of moral rights by legal personal representative after author's death.
195AN(1) Exercise of moral rights
Legal personal representative exercises moral rights
Author's moral rights may be exercised and enforced by the person administering their affairs.
195AN(2) Exercise of moral rights
The exercise and enforcement of moral rights may occur during the administration of the author's affairs.
The affairs of the author are lawfully administered by another person.
The state must respect the author's moral rights.
Imposes a duty on the state to respect author's moral rights.
The person administering the author's affairs may exercise and enforce the author's moral rights.
Moral rights cannot be transferred by assignment, will, or operation of law.
195AN(3) Exercise of moral rights
Requires relation between identifiable temporal intervals
(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.
Prohibition on transferring moral rights
State bears the obligation to prevent transfer
Authors must agree not to exercise moral rights except jointly.
195AN(4) Exercise of moral rights
Co-authorship agreement has effect according to its terms.
195AN(5) Exercise of moral rights
copyright-amendment-moral-rights-act-2000.pdf, p.17
Infringement of authorship attribution right
195AO Infringement of right of attribution of authorship
Prohibits infringement of authorship attribution right
Infringement of authorship falsely attributed
195AP Infringement of right not to have authorship falsely
195AQ Infringement of right of integrity of authorship
Infringement of right of integrity of authorship obligation
195AQ(1) Infringement of right of integrity of authorship
Subjecting a work to derogatory treatment infringes an author's right of integrity of authorship.
195AQ(2) Infringement of right of integrity of authorship
Prohibits derogatory treatment of a work.
Infringement of author's right of integrity of authorship
195AQ(3) Infringement of right of integrity of authorship
a person infringes the author's right of integrity of authorship in respect of the work if the person does any of the following...
Defines a temporal interval for derogatory treatment
(3) If a literary, dramatic or musical work has been subjected to×negatory treatment...
Describes the implication of derogatory treatment on author's rights
Prohibits derogatory treatment of a work
Describes how derogatory treatment spreads
Defines a temporal trace for derogatory treatment
Infringement of right of integrity of authorship
195AQ(4) Infringement of right of integrity of authorship
Making, exhibiting, or transmitting a film in derogatory treatment infringes author's right of integrity of authorship.
195AQ(5) Infringement of right of integrity of authorship
Infringes author's right of integrity of authorship.
Actions that infringe author's right of integrity of authorship occur during the making, exhibiting, or transmitting of a film in derogatory treatment.
Making, exhibiting, or transmitting a film in derogatory treatment.
The making, exhibiting, or transmitting of a film in derogatory treatment implies that actions infringe author's right of integrity of authorship.
Prohibits actions that infringe author's right of integrity of authorship.
Actions that infringe author's right of integrity of authorship are diffused through the making, exhibiting, or transmitting of a film in derogatory treatment.
Actions that infringe author's right of integrity of authorship occur until the making, exhibiting, or transmitting of a film in derogatory treatment ceases.
copyright-amendment-moral-rights-act-2000.pdf, p.19
195AR No infringement of right of attribution of authorship if it was
No infringement of right of attribution of authorship if it was reasonable not to identify the author.
195AR(1) No infringement of right of attribution of authorship if it was
Exemption from infringement for reasonable non-attribution
Determine authorship of literary, dramatic, musical or artistic work under certain circumstances.
195AR(2) No infringement of right of attribution of authorship if it was
It is reasonable not to identify the author.
Matters to be considered when determining whether it was reasonable not to identify the maker of a cinematograph film.
195AR(3) No infringement of right of attribution of authorship if it was
The primary purpose of the film is a matter to be considered...
Matters must be considered if they are relevant to the film or its use.
(b) whether the primary purpose for which the film was made...
The difficulty specified in subsection (1) is a subset of the knowledge...
Matters are a subset of the knowledge if they are relevant to the film or its use.
(h) any difficulty or expense that would have been incurred as a result of identifying the maker;
The matters specified in subsection (1) must be considered...
Duty to consider matters when determining whether it was reasonable not to identify the maker of a cinematograph film.
(3) The matters to be taken into account...
The practice specified in subsection (1) is part of the diffusion...
Matters are part of the diffusion if they are relevant to the film or its use.
(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;
The practice specified in subsection (1) is not a matter to be considered...
Matters must not be considered if they are irrelevant to the film or its use.
(f) any practice, in the industry in which the film is used, that is relevant to the film or the use of the film;
copyright-amendment-moral-rights-act-2000.pdf, p.20
195AS No infringement of right of integrity of authorship if
No infringement of right of integrity of authorship if reasonable treatment
195AS(1) No infringement of right of integrity of authorship if
Exemptions from infringement of authorship rights
Matters to be considered when determining reasonableness of derogatory treatment of a work
195AS(2) No infringement of right of integrity of authorship if
Temporal interval for author's employment
Matters to be considered when determining reasonableness of derogatory treatment in a film.
195AS(3) No infringement of right of integrity of authorship if
No infringement of right of integrity of authorship if reasonable circumstances
195AS(4) No infringement of right of integrity of authorship if
copyright-amendment-moral-rights-act-2000.pdf, p.21
195AT Certain treatment of works not to constitute an infringement
Author must be given reasonable opportunity to remove work before destruction.
195AT(1) Certain treatment of works not to constitute an infringement
Temporal interval for reasonable opportunity
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.
must give the author reasonable opportunity to remove the work
Author's right of integrity of authorship
The destruction of a moveable artistic work
of the author's right of integrity of authorship in respect of the work if...
No infringement if destruction is allowed
The destruction of a moveable artistic work is not an infringement
must ensure that the destruction does not infringe the author's right of integrity of authorship in respect of the work
State must ensure destruction does not infringe author's rights
must inform the author before destroying the work
Author must be informed before destruction
Owner must comply with subsection (2A) if they cannot discover author's identity and location.
195AT(2) Certain treatment of works not to constitute an infringement
Change in, or relocation, demolition or destruction of a building may occur without infringing author's right if owner complies with subsection (2A)
(2) A change in, or the relocation, demolition or destruction of, a building...
Change in, or relocation, demolition or destruction of a building may be recognized as not infringing author's right if owner complies with subsection (2A)
Owner has an obligation to comply with subsection (2A)
Change in, or relocation, demolition or destruction of a building may diffuse to other buildings without infringing author's right if owner complies with subsection (2A)
Change in, or relocation, demolition or destruction of a building may occur repeatedly without infringing author's right if owner complies with subsection (2A)
Written notice stating owner's intention and required information.
Owner must give written notice to author before change, relocation, demolition or destruction of building.
195AT(2A) Certain treatment of works not to constitute an infringement
Owner has an obligation to give written notice.
Owner must comply with subsection (3A) if they cannot discover the identity and location of the author or a person representing the author.
195AT(3) Certain treatment of works not to constitute an infringement
Change in, or relocation, demolition or destruction of a building is not an infringement
(3) A change in, or the relocation, demolition or destruction of, a building...
Notice stating owner's intention and other prescribed information
Owner must provide notice to author before change, relocation, demolition or destruction of building.
195AT(3A) Certain treatment of works not to constitute an infringement
Notice given before change, relocation, demolition or destruction
Subsections (2), (2A), (3) and (3A) do not limit the operation of section 195AG.
195AT(4) Certain treatment of works not to constitute an infringement
Exclude subsections from section 195AG during certain periods
Removal or relocation of a work not an infringement if certain conditions met
195AT(4A) Certain treatment of works not to constitute an infringement
Obligation to comply with subsection (4B)
Remover must comply with subsection (4B)
written notice stating intention to carry out removal or relocation
Remover must give notice to author before removal or relocation of artistic work.
195AT(4B) Certain treatment of works not to constitute an infringement
Good faith restoration or preservation of a work does not infringe author's right of integrity.
195AT(5) Certain treatment of works not to constitute an infringement
Obligation to preserve or restore a work
copyright-amendment-moral-rights-act-2000.pdf, p.25
195AU Infringement by importation for sale or other dealing
Importing an infringing article into Australia for sale or other dealing is prohibited.
195AU(1) Infringement by importation for sale or other dealing
Prohibition of importing an infringing article
Dealing with importation for sale or other dealing is prohibited except where the proposed distribution is for the purposes of sale.
195AU(2) Infringement by importation for sale or other dealing
195AV Infringement by sale and other dealings
Dealing with an infringing article is infringement.
195AV(1) Infringement by sale and other dealings
Deals with does not include certain types of dealings and exhibitions.
195AV(2) Infringement by sale and other dealings
Prohibition of certain dealings and exhibitions
copyright-amendment-moral-rights-act-2000.pdf, p.26
195AW Author’s consent to act or omission—films or works in films
Author's consent required for acts or omissions related to films or works in films. Written consent is required for acts or omissions affecting an author's moral right. Consent under duress is invalid.
195AW(1) Author’s consent to act or omission—films or works in films
Temporal interval between acts or omissions and films or works in films.
(1) This section applies to a literary, dramatic, musical or artistic work other than such a work as included in a cinematograph film.
Related to artificial agents and their actions.
Author's consent required for films or works in films.
195AW(1A) Author’s consent to act or omission—films or works in films
Applicable during the creation of films or works.
(1A) This section applies to a work that is:
Consent to act or omission—films or works in films Consent may be given in relation to all or any acts or omissions occurring before or after the consent is given. Written consent is required for acts or omissions affecting an author's moral right.
195AW(2) Author’s consent to act or omission—films or works in films
Act or omission must be within scope of consent.
Consent required for specified acts or omissions in relation to works or films. Consent may be given for specified works or works of a particular description.
195AW(3) Author’s consent to act or omission—films or works in films
The act or omission must be done with consent.
Requires consent for specified acts or omissions.
Consent is given in relation to specified acts or omissions.
Employee's consent to acts or omissions for employer's benefit Employee's consent to act or omission for employer's benefit
195AW(4) Author’s consent to act or omission—films or works in films
The employer's obligations apply to all acts or omissions before and after the consent is given.
Consent applies to all acts or omissions before and after its giving
This temporal interval overlaps with the employer's obligations
The excerpt describes a temporal interval during which the employee's consent applies
The employee's consent is valid for a specific period
The employer has a duty to respect the employee's consent.
The employer must respect the employee's consent
The excerpt implies that the employer must respect the employee's consent
The employer must recognize the employee's consent
The excerpt recognizes the employee's consent as a relevant factor in the employer-employee relationship
The employer has an obligation to respect the employee's consent.
Employee's consent is an obligation for the employer's benefit
Employee's consent is an obligation for the employer
The employer is informed of the employee's consent
The excerpt diffuses information about the employee's consent to the employer
Presumption of consent extending to licensees and successors in title Presumption of consent to licensees and successors
195AW(5) Author’s consent to act or omission—films or works in films
to extend to his or her licensees and successors in title, during the term of the copyright
(5) A consent given for the benefit of the owner or prospective owner...
is presumed, unless the contrary intention appears in the consent instrument
is presumed to extend to his or her licensees and successors in title
A consent given for the benefit of the owner or prospective owner
Consent required for certain actions or omissions related to films and works in films.
195AW(6) Author’s consent to act or omission—films or works in films
Describes a temporal relationship between sections.
copyright-amendment-moral-rights-act-2000.pdf, p.28
No infringement of moral right outside Australia
195AX Acts or omissions outside Australia
Prohibits infringement of moral right outside Australia
195AY Definition etc.
Defines action as a civil proceeding between parties, including counterclaims.
195AY(1) Definition etc.
action means a proceeding of a civil nature between parties, and includes a counterclaim.
References to the defendant are taken to be references to the plaintiff.
195AY(2) Definition etc.
195AZ Actions for infringement of moral rights
Jurisdiction of the Supreme Court in a matter arising under this Part is to be exercised by a single Judge. Preserves other rights of action in proceedings outside this Part Section 127 applies in respect of an action brought under this Part. Court may grant injunction, damages, declaration, apology, or removal of false attribution.
195AZ(1) Actions for infringement of moral rights
Jurisdiction is to be exercised by a single Judge.
List of possible remedies for moral rights infringement.
Court discretion to consider factors when granting relief for moral rights infringement Damages recovered in one proceeding are taken into account in assessing damages in another proceeding arising out of the same operation or transaction. Decision of a court is final. Presumption of authorship for film director, producer or screenwriter
195AZ(2) Actions for infringement of moral rights
Obligation to take into account damages in another proceeding
Presumes authorship if name appears on film copies
Appeal from a decision of a court under this Part Damages recovered in other proceedings are to be taken into account in proceedings under this Part. Court must consider negotiating a settlement before granting an injunction.
195AZ(3) Actions for infringement of moral rights
There is an interval between the current hearing and the next opportunity to negotiate a settlement.
Court must adjourn the hearing for an appropriate opportunity to negotiate a settlement.
The court has the power to adjourn the hearing.
The parties' willingness to negotiate a settlement implies their willingness to compromise.
Negotiating a settlement implies that the parties are willing to compromise.
The parties have made an attempt to negotiate a settlement.
Negotiating a settlement is a form of AI-assisted mediation.
Settlement negotiation uses artificial intelligence.
The process of negotiating a settlement involves using AI.
Obligation to take into account damages in other proceedings.
Negotiating a settlement is required before granting an injunction.
Obligation to consider negotiating a settlement.
Court must decide whether to grant an injunction.
Negotiating a settlement is a form of diffusion.
Federal Court of Australia has jurisdiction over matters arising under this Part. Reduction of damages for screenwriters in moral rights infringement actions
195AZ(4) Actions for infringement of moral rights
Federal Court has jurisdiction over matters arising under this Part.
Screenwriter's obligation to reduce damages
Classification of screenwriters as moral rights holders
Reduction of damages for author who has already been granted relief by way of damages in an action for moral rights infringement.
195AZ(5) Actions for infringement of moral rights
Reduces damages if author has already been granted relief.
Damages devolve as if they formed part of the author's estate and as if the right of action had subsisted, and had been vested in the author immediately before his or her death.
195AZ(6) Actions for infringement of moral rights
Obligation devolves to the legal personal representative of the author.
1A Subsection 55(2)
copyright-amendment-moral-rights-act-2000.pdf, p.36
2 Section 238
Continues to apply part of Copyright Act 1968
3 Application
copyright-amendment-moral-rights-act-2000.pdf, p.37
1 Section 189 (definition of transmit)
copyright-amendment-moral-rights-act-2000.pdf, p.38
Matters to be taken into account when determining moral rights infringement authorization
10 After section 195AV
List of matters to be considered when determining moral rights infringement authorization
The following matters must be taken into account...
Repeal paragraph and substitute with new obligation to communicate work to the public.
2 Paragraph 194(1)(d)
Repeal paragraph, substitute with new obligation to communicate work to the public.
3 Paragraph 194(2)(d)
Repeal paragraph and substitute with new provision
4 Paragraph 194(3)(c)
5 Paragraph 195AD(d)
6 Paragraph 195AE(2)(d)
7 Paragraph 195AF(2)(c)
Prohibit communicating information to the public.
8 Paragraph 195AQ(3)(d)
Repeal paragraphs and substitute with new provisions.
9 Paragraphs 195AQ(4)(c) and (5)(c)
copyright-amendment-moral-rights-act-2000.pdf, p.5
Cites this Act as the Copyright Amendment (Moral Rights) Act 2000.
1 Short title
2 Commencement
2(1) Commencement
The commencement provision specifies the start date.
Commences on a specific day during which it is in force
(1) This Act, other than Schedule 2, commences...
Commences Schedule 2 immediately after Schedule 1.
2(2) Commencement
2(3) Commencement
copyright-amendment-moral-rights-act-2000.pdf, p.6
Schedules governing amendments and repeals of Acts
3 Schedule(s)
An Act to amend the Copyright Act 1968, and for related purposes
Copyright Amendment (Moral Rights) Act 2000