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Thursday, 12 August 2004
Page: 26430


Senator HILL (Minister for Defence) (10:43 PM) —The government has a fundamentally different approach from the Australian Democrats on this issue. As I understand, we are implementing our obligations consistent with the World Intellectual Property Organisation obligations and the Performances and Phonograms Treaty, which will provide performers with new economic rights and the embodiment in sound recordings and moral rights of both their recorded and live performances. The existing protection for performers' live performances will also be broadened to include protection against unauthorised non-broadcast transmission such as those via the Internet. This performers' rights model is based on a joint authorship approach which deems performers to be makers of sound recordings jointly with the current owners of copyright as the owners of the original master sound recording and therefore joint copyright owners at first instance.

As joint owners, performers will have the same fully assignable economic rights as current owners in sound recordings. Performers will also have moral rights in their performances, including the right to be known as the performers of their performances and the right to prevent their performances from being subjected to derogatory treatment. Performers' moral rights are similar to those granted to authors by the Copyright Amendment (Moral Rights) Act 2000. The scheme ensures that Australian performers benefit from copyright protection which is consistent with international standards and which supports commercial opportunities for recording artists.

As I understand it, the Democrats advocate moving in a different direction, which would be inconsistent with the international standards as set by, as I said, the World Intellectual Property Organisation and the Phonograms Treaty.


The TEMPORARY CHAIRMAN (Senator McLucas)—The question is that Democrat amendments (16), (18) to (22), R(22A) and (23) on sheet 4361 revised be agreed to.

Question put:

That the amendments (Senator Ridgeway's) be agreed to.