Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who does, or authorises the doing of, an attributable act in respect of a live performance or recorded performance does not, because a performer in the performance is not identified, infringe the performer's right of attribution of performership in respect of the performance if the person establishes that it was reasonable in all the circumstances not to identify the performer.
(2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify a performer in a live performance or recorded performance include the following:
(a) the nature of the performance;
(b) the purpose for which the performance is used;
(c) the manner in which the performance is used;
(d) the context in which the performance is used;
(e) any practice, in the industry in which the performance is used, that is relevant to the performance or to the use of the performance;
(f) any practice contained in a voluntary code of practice, in the industry in which the performance is used, that is relevant to the performance or to the use of the performance;
(g) any difficulty or expense that would have been incurred as a result of identifying the performer;
(h) whether the performer participated in the performance in the course of the employment of the performer.
Note: For example, a performance may be used to attract custom in a hotel or restaurant.