195AXG
In forceInfringement by sale and other dealings
Part IXMoral rights of performers and of authors of literary, dramatic, musical or artistic works and cinematograph films
Division 6Infringement of moral rights
Subdivision BInfringement of moral rights of performers
195AXG Infringement by sale and other dealings
(1)
A performer’s moral right in respect of a live performance or recorded performance is infringed by a person who, in Australia, deals with an article if the person knew, or ought reasonably to have known, that the article was an infringing article or, in respect of an imported article, would, if it had been made in Australia, have been an infringing article.
(2)
In subsection (1):
deals with does not include:
(a)
distributes, except where the distribution is for the purposes of sale; or
(b)
deals with by means of a dealing covered by paragraph 195AHB(5)(b) or (6)(b).
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