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'Pretend-Y Rights.' on the Insanely Complicated New Regime for Performers' Rights in Australia, and How Australian Performers Got Gypped

U of Melbourne Legal Studies Research Paper No. 127

NEW DIRECTIONS IN COPYRIGHT LAW, Vol. II Edward Elgar Press, Forthcoming

25 Pages Posted: 22 Sep 2005  

Kimberlee G. Weatherall

The University of Sydney Law School

Abstract

From 1 January 2005, over eight years after the WIPO Performances and Phonograms Treaty (WPPT) was concluded, and not far shy of 10 years after performers obtained economic and moral rights in the UK, Australia was finally dragged kicking and screaming to the performers' rights party. Although the issue had long been on the government's copyright agenda, the final impetus for the adoption of performers' moral and economic rights was not a local policy decision but a provision of the Free Trade Agreement between Australia and the United States of America ('AUSFTA'). It is perhaps significant that the aim of promoting performers' interests appears in neither the Explanatory Memorandum nor the Second Reading Speech of the legislation which implemented that treaty.

Keywords: performers' rights, free trade agreement, moral rights, Australia

JEL Classification: K1, K11, K19

Suggested Citation

Weatherall, Kimberlee G., 'Pretend-Y Rights.' on the Insanely Complicated New Regime for Performers' Rights in Australia, and How Australian Performers Got Gypped. U of Melbourne Legal Studies Research Paper No. 127; NEW DIRECTIONS IN COPYRIGHT LAW, Vol. II Edward Elgar Press, Forthcoming . Available at SSRN: https://ssrn.com/abstract=809905

Kimberlee Gai Weatherall (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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