Copyright Act 1994

Moral rights - Supplementary provisions

109: Application of provisions to joint works that are films

You could also call this:

"Rules for films made by more than one person"

Illustration for Copyright Act 1994

When you make a film with other people, you are jointly directing it. If one of the directors gives consent or waives a right under section 107, it does not affect the rights of the other directors. You have the right to be identified as a joint director under section 94, and you must assert this right yourself. If someone falsely says who directed a film, it infringes the right of every person who was wrongly attributed as a director. You can find more information about this in section 102. A film is jointly directed when two or more directors work together and their contributions are not separate. When a film is made for two or more people, each person has the right under section 105. If one person consents to something, their right is satisfied, but it does not affect the rights of the other people. A waiver under section 107 by one person also does not affect the rights of the other people.

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"Rules for joint work, but not films, and how creators' rights work together"


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"How copyright laws apply to parts of a work"

Part 4Moral rights
Supplementary provisions

109Application of provisions to joint works that are films

  1. Where a film was, or is alleged to have been, jointly directed,—

  2. a consent or waiver under section 107 by one joint director does not affect the rights of the other joint directors; and
    1. the right conferred by section 94 is a right of each joint director to be identified as a joint director, and must be asserted in accordance with section 96 by each joint director in relation to himself or herself; and
      1. the right conferred by section 98 is a right of each joint director; and
        1. the right conferred by section 102 is infringed, in the circumstances described in that section,—and such a false attribution infringes the right of every person to whom directorship of any description is, whether rightly or wrongly, attributed.
          1. by any false statement as to the directorship of the film; or
            1. by the false attribution of joint directorship in relation to a film of sole directorship;—
            2. For the purposes of subsection (1), a film is jointly directed if the film is made by the collaboration of 2 or more directors and the contribution of each director is not distinct from that of the other director or directors.

            3. The right conferred by section 105 is, in the case of a film made in pursuance of a joint commission, a right of each person who commissioned the making of the film, so that—

            4. the right of each person is satisfied if he or she consents to the act in question; and
              1. a waiver under section 107 by one person does not affect the rights of the other persons.