Copyright Act 2021 · 2020 Revised Edition · Part 7 · Additional Rights Relating to Copyright Works and Protected Performances
378. Right against false identification
Feedback & supportThe author (A) of an authorial work has the moral right to not have any other person (F) identified as the author of the work, and a person (X) infringes that right in the circumstances mentioned in subsections (2), (3) and (4).
X infringes the right in subsection (1) if —
X affixes or inserts F’s name in, or on, the work or a copy of the work; and
the affixation or insertion is done in a way that implies that —
F is the author of the work; or
the work is an adaptation of a work by F.
X infringes the right in subsection (1) if —
X performs the work in public or communicates the work to the public;
the performance or communication is done in a way that implies that —
F is the author of the work; or
the work is an adaptation of a work by F; and
X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false.
X infringes the right in subsection (1) if —
F’s name is affixed or inserted (whether before, on or after 21 November 2021) in or on a copy of the work;
the affixation or insertion is done in a way that implies that —
F is the author of the work; or
the work is an adaptation of a work by F;
X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false; and
X —
publishes the copy;
deals commercially in the copy; or
distributes the copy.
For the purposes of subsection (4), “copy”, in relation to a work, includes the work itself.
copy
“copy” has the meanings given by the provisions in Subdivision (2) of Division 3 of Part 2;
To avoid doubt, X and F could be the same person.
In the case of a work of joint authorship, an infringement of the right in subsection (1) is an infringement of each joint author’s right.IllustrationA1 and A2 are the joint authors of an authorial work. X affixes the names of A1 and F on a copy of the work in a way that implies that A1 and F are joint authors of the work. X has infringed the rights of both A1 and A2 under subsection (1) read with subsection (2).