Performing arts
References
119 Section 35 (2) of the Copyright Act 1968
(Cth).
120 Section 97(2) of the Copyright Act 1968
(Cth).
121 Section 98 (2) of the Copyright Act 1968
(Cth).
122 Section 99 of the Copyright Act 1968
(Cth).
123 Section 35(6) of the Copyright Act 1968
(Cth), states that where the work is ‘made
by the author in pursuance of the terms of
his or her employment by another person
under contract of service of apprenticeship,
that the other person is the owner of
any copyright subsisting in the work’.
124 Section 176(1) of the Copyright Act 1968
(Cth), Section 10 of the Copyright Act
1968 (Cth). Section 35 of the Copyright
Act 1968 (Cth).
125 Section 97(3) of the Copyright Act 1968
(Cth).
126 Section 98(3) of the Copyright Act 1968
(Cth).
127 A number of different diagrammatic
methods are used for noting dance steps.
They include Labonotation, Benesh,
Eshkol-Wachman Movement Notation
or Sutton dance writing.
128 Section 33 of the Copyright Act 1968 (Cth).
129 Section 93 of the Copyright Act 1968 (Cth).
130 Section 94 of the Copyright Act 1968 (Cth).
131 Section 95 of the Copyright Act 1968 (Cth).
132 D Lloyd, op. cit.
133 The right of adaptation: Section 10 (1) of
the Copyright Act 1968 (Cth) provides for
a literary work in non-dramatic form to be
adapted into a dramatic form. So a novel
can be made into a film with the
64
permission of the author. It also provides
for a literary work in dramatic form to
be adapted into a non-dramatic form.
So a play can be adapted to a song.
134 Section 31 of the Copyright Act 1968 (Cth)
135 Including improvisation and also including
performances with puppets.
Performing arts
References
149 Section 195AC of the Copyright Act 1968
(Cth)
150 Section 195AI of the Copyright Act 1968
(Cth).
151 Section 195AJ of the Copyright Act 1968
(Cth).
136 Including improvisation
152 Section 195AWA of the Copyright Act 1968
(Cth).
137 or the recitation or ‘delivery’ of an
improvised ‘literary work’.
153 Section 195AS of the Copyright Act 1968
(Cth).
138 Section 248A of the Copyright Act 1968
(Cth).
154 T Janke, ‘A Moral Issue: moral rights
and Indigenous People’s cultural rights’,
NIAAA Newsletter, Autumn, 2001, pp2–3.
139 Section 248A(2)(a) of the Copyright Act
1968 (Cth).
140 Section 28 of the Copyright Act 1968 (Cth).
141 This does not apply to audio-visual
recordings.
142 Performers includes conductors
in this section.
143 The performer also has the right to enter
into a commercial rental arrangement in
respect of the recording.
144 Section 100AD of the Copyright Act 1968
(Cth)
145 This situation will change if the Copyright
Amendment (ICMR) Bill 2003 in its current
draft exposure form is passed.
146 Section 41 of the Intellectual Property
Reports 513. The M* refers to a deceased
person and that is how the cultural
protocol advises speaking of him.
147 P Cleary, op. cit.
148 Section 193 of the Copyright Act 1968
(Cth), An exception is where it was
reasonable not to identify the author:
section 195AR of the Copyright Act 1968
(Cth).
155 I McDonald, ‘Indigenous communal moral
rights’, Australian Intellectual Property
Law Bulletin, Australian Copyright Council,
Sydney, 16 July 2003, p2.
156 Clauses 195AZZL and 195AZZM of the
Draft Copyright Amendment (Indigenous
Communal Moral Rights) Bill 2003
157 T Janke, ‘The moral of the story:
Indigenous communal moral rights’,
Bulletin, #3/05, ISSN #1440-477
pages 1, 2, 7 & 8.
158 C Pirie et al. Style manual for authors,
editors and printers, 6th edn,
Commonwealth of Australia, Canberra,
2002, page. 413.
159 Section 36 of the Copyright Act 1968 (Cth).
160 Section 40 of the Copyright Act 1968 (Cth).
161 Section 41 of the Copyright Act 1968 (Cth).
162 Section 41A of the Copyright Act 1968
(Cth).
163 Section 42 of the Copyright Act 1968 (Cth).
164 Section 43 of the Copyright Act 1968 (Cth).
165 Section 49 of the Copyright Act 1968 (Cth).
65
166 Australian Copyright Council, <www.
copyright.org.au/pdf/acc/infosheets_pdf/
g094.htm>, and the Australasian
Performing Rights Association (APRA)
<www.apra.com.au/writers/forms_and_
guidelines/creative_commons.asp>.
167 “Some creative commons licences allow
users of the music to copy, distribute,
display, and perform the work, make
derivative works and make commercial
use of the work on the condition that the
author or licensor is attributed, and that
if the material is reused or distributed,
the licence conditions are made clear to
other users.” Creative Commons Deed
<creativecommons.org/licences/by/2.5/>
168 Creative Commons, See <http://
creativecommons.org/FAQ/>.
169 Media Entertainment and Arts Alliance
Q & A: “What is the Alliance?”, see
<www.alliance.org.au/component/
option,com_simplefaq/Itemid,27/
task,display/catid,13/>, viewed 3
November 2006.
170 D Mellor, telephone consultation,
31 May 2002.
171 N
SW Ministry for the Arts, Guidelines
2001–2002, Sydney, 2000, pages.
103–104.