195AVA
In forceMatters to be taken into account
Part IXMoral rights of performers and of authors of literary, dramatic, musical or artistic works and cinematograph films
Division 6Infringement of moral rights
Subdivision AInfringement of moral rights of authors
195AVA 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 respect of a work, 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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