§ 371 — Right to be identified

371.—(1) Subject to the provisions of this Division, the author of an authorial work has the moral right to be so identified, and that right is infringed if a person fails to identify the author —(a)

in the circumstances mentioned in section 372; or

(b)

in the manner required by section 373.

(2) In the case of a work of joint authorship, the right in subsection (1) —(a)

is a right of each joint author to be identified as an author; and

(b)

is not infringed in relation to a joint author if another joint author is not identified.Illustration

A1 and A2 are the joint authors of an authorial work. The circumstances in section 372 apply. A1 is identified in the manner required by section 373; A2 is not. A1’s moral right to be identified is not infringed. A2’s moral right to be identified is infringed.

—(1) Subject to the provisions of this Division, the author of an authorial work has the moral right to be so identified, and that right is infringed if a person fails to identify the author —(a)

in the circumstances mentioned in section 372; or

(b)

in the manner required by section 373.

(2) In the case of a work of joint authorship, the right in subsection (1) —(a)

is a right of each joint author to be identified as an author; and

(b)

is not infringed in relation to a joint author if another joint author is not identified.Illustration

A1 and A2 are the joint authors of an authorial work. The circumstances in section 372 apply. A1 is identified in the manner required by section 373; A2 is not. A1’s moral right to be identified is not infringed. A2’s moral right to be identified is infringed.