Speculations on the Australian right of 'integrity of performership': More questions than answers?

摘要

The moral rights of performers are one of the most recent additions to the Copyright Act 1968 (Cth). In their drafting they bear great similarity to the moral rights of authors, protected by the Act for a decade now. Nevertheless, these performers' rights raise an array of issues that were not raised by the authors' rights provisions. This article considers the right of integrity of performership with particular attention to the nature of performership under the Act, to the ways in which performance can be "altered" so as to infringe the right, and to the duration and exercise of the integrity right. While answers can be found to some of the questions begged by the provisions, others remain more intractable.