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COPYRIGHT AMENDMENT (FILM DIRECTORS' RIGHTS) ACT 2005 NO. 130, 2005 - SCHEDULE 1

- Amendment

Copyright Act 1968


1
At the end of section 98

Add:

(4)
If the film is not a commissioned film, then the reference in subsection (2) to the maker of the film includes a reference to each director of the film.

(5)
If a director directed the film under the terms of his or her employment under a contract of service or apprenticeship with another person (the employer ), then, in the absence of any agreement to the contrary, the employer is to be substituted for the director for the purposes of subsection (4).

(6)
If a person becomes an owner of the copyright:

(a) because of the operation of subsection (4); or
(b) because of the operation of subsections (4) and (5);

then the person becomes the owner of the copyright only so far as the copyright consists of the right to include the film in a retransmission of a free-to-air broadcast.

(7)
In this section:

"commissioned film" means a film made as mentioned in paragraphs (3)(a) and (b).

"director" has the same meaning as in Part IX.

"free-to-air broadcast" has the same meaning as in Part VC.

"retransmission" means a retransmission (as defined in section 10) to which Part VC applies.




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