Copyright Act 2021 · 2020 Revised Edition · Part 7 · Additional Rights Relating to Copyright Works and Protected Performances
398. Right against false identification
Feedback & supportThe performer (P) of a performance has the moral right not to have any other person (F) identified as the performer of the performance, and a person (X) infringes that right in the circumstances mentioned in this section.
performance
“perform” and “performance”, in relation to an authorial work, have the meanings given by section 67;
X infringes the right in subsection (1) if —
X affixes or inserts F’s name in or on a recording of the performance; and
the affixation or insertion is done in a way that implies that F is the performer.
X infringes the right in subsection (1) if —
X makes available a recording of the performance to the public as being a performance by F; and
X knows that F is not the performer.
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 recording of the performance;
the affixation or insertion is done in a way that implies F is the performer;
X knows that F is not the performer; and
X —
publishes the recording;
deals commercially in the recording; or
distributes the recording.
To avoid doubt, X and F could be the same person.
In the case of a performance given by 2 or more performers, an infringement of the right in subsection (1) is an infringement of each performer’s right.IllustrationA performance is given by P1 and P2. X affixes the names of P1 and F on a recording of the performance in a way that implies that P1 and F are the performers. X has infringed the rights of both P1 and P2 under subsection (1) read with subsection (2).
infringement
“infringement” means an infringement of copyright for which the copyright owner and the exclusive licensee of the copyright have concurrent rights of action;