Léanore Gillet

Preambule

Artistic excellence is never accidental. Talent alone is insufficient. Musical interpretation demands years of disciplined study, intellectual rigour, emotional maturity and sustained personal sacrifice.

Each sound recording made available on this website embodies not only technical execution, but time invested, opportunities forgone, guidance received, and sustained effort over many years.

Copyright law does not merely protect files or digital assets. It protects the creative labour, artistic identity and human investment embedded in each performance.

The legal protections asserted below exist precisely because artistic work is neither incidental nor disposable.

1. Copyright in Sound and Video Recordings

All audio files made available on this website constitute protected sound recordings within the meaning of Part III of the Copyright Act 1968 (Cth).

Copyright subsists independently in each sound recording as a distinct subject matter, separate from:

• the underlying musical work;
• the performer’s performance;
• any audiovisual fixation;
• any digital encoding or streaming format;

The copyright owner holds the exclusive rights to: i)  reproduce the sound recording in any material form; ii) communicate the sound recording to the public; iii) make the sound recording available online; iv) authorise reproduction or communication; v) authorise adaptation, synchronisation, sampling or remixing; vi) control commercial exploitation.

For the avoidance of doubt, infringement includes, without limitation:

• downloading or permanent copying;
• stream ripping;
• extraction through browser tools;
• recording via external devices
• automated scraping;
• dataset harvesting;
• machine learning ingestion;
• model training or fine-tuning;
• embedding on third-party; platforms without authorisation;
• synchronisation with audiovisual content;
• distribution through peer-to-peer networks.

Any such act constitutes infringement under the Copyright Act 1968 (Cth).

Civil remedies may include:

• interlocutory and permanent injunctions;
• compensatory damages;
• additional damages; pursuant to section 115(4), including in circumstances of flagrancy;
• account of profits;
• delivery up or destruction of infringing copies;
• recovery of legal costs.

2. Performers’ Rights

All performances embodied in audio and video files are protected under Part XIA of the Copyright Act 1968 (Cth).

The performer holds exclusive rights including:

• the right to control recording of the performance;
• the right to control; reproduction of the performance
• the right to control; communication of the performance to the public.

Unauthorised fixation, reproduction, communication or commercial exploitation of any performance is prohibited.

Performers’ moral rights are asserted.

3. Authorisation Liability and Third-Party Responsibility

Liability for infringement extends beyond direct infringers.

Any person or entity who authorises, induces, facilitates, enables or materially contributes to infringement may be liable under Australian law.

In determining authorisation, a court may consider:

• the power to prevent infringement;
• the nature of the relationship with the direct infringer;
• whether reasonable steps were taken to prevent infringement.

Platforms, hosting providers, AI developers, dataset curators, aggregators and intermediaries are placed on notice of these rights.

Failure to act upon notice may be relied upon in any subsequent proceedings.

4. Artificial Intelligence, Data Mining and Automated Extraction

No part of this website, including any sound recording, performance, metadata or digital asset, may be:

• scraped;
• indexed for training purposes;
• mined for acoustic analysis
• incorporated into datasets;
• used to train, fine-tune or evaluate artificial intelligence systems without prior written consent.

Unauthorised AI ingestion constitutes unauthorised reproduction and, where applicable, communication to the public.

The absence of a paywall or technical restriction does not constitute consent.

5. Technological Protection Measures

Any circumvention, removal, bypassing or interference with technological protection measures implemented on this website may constitute a contravention of Australian law.

Circumvention for the purpose of infringement may aggravate liability and support a claim for additional damages.

6. Moral Rights

The author and performer assert their moral rights, including:

• right of attribution;
• right against false attribution;
• right of integrity.

Any distortion, mutilation, modification or contextually misleading use of recordings or performances is prohibited.

7. Website Architecture and Original Works

The website’s structure, artistic direction, visual identity, layout, graphic design, database organisation and original text constitute protected works under Australian copyright law.

Substantial reproduction of the website’s structure or design may constitute infringement.

8. Limited Permission

Access to this website grants a strictly limited, revocable, non-exclusive permission to stream content privately for personal and non-commercial listening only.

No right is granted to:

• download;
• reproduce;
• redistribute;
• publicly perform;
• commercially exploit;
• synchronise;
• archive;
• train AI systems.

Any other use requires express written authorisation.

9. International Protection

Protection is afforded under Australian law and reinforced by the Berne Convention for the Protection of Literary and Artistic Works and other applicable treaties.

Copyright subsists automatically.

10. Governing Law and Jurisdiction

This website is governed by the laws of New South Wales, Australia.

Any dispute arising in connection with this website shall be subject to the exclusive jurisdiction of the courts of Sydney, New South Wales.