Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 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:

  (a)   the extent (if any) of the person's power to prevent the doing of the act concerned;

  (b)   the nature of any relationship existing between the person and the person who did the act concerned;

  (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.


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