§ 373 — Right to be identified — how should an author be identified

373.—(1) Where an author has a moral right to be identified, he or she must be identified in accordance with this section.(2) The author must be identified —(a)

in the way that the author wishes to be identified (for example, by the author’s true name or a pseudonym), but only if —(i)

the author has made his or her wishes known, either generally or to the person who is required to identify the author; and

(ii)

it is reasonable in the circumstances to identify the author in that way; and

(b)

in any other case, by any reasonable form of identification.Illustration

An author may make known his or her wish to be identified in a certain way by identifying himself or herself in that way when making or publishing the authorial work.

(3) Where the joint authors of an authorial work use a group name, each of them is sufficiently identified by using the group name.

(4) In every case, the identification must be clear and reasonably prominent.

(5) An identification is reasonably prominent if —(a)

in a case where copies are supplied —(i)

the identification appears in or on each copy; or

(ii)

if that is not appropriate, the identification is likely to be noticed by a person acquiring a copy;

(b)

in the case of a building — the identification is visible to persons entering or approaching the building; and

(c)

in any other case — the identification is likely to be noticed by a person seeing or hearing the performance, exhibition, showing or communication, as the case may be.

—(1) Where an author has a moral right to be identified, he or she must be identified in accordance with this section.

(2) The author must be identified —(a)

in the way that the author wishes to be identified (for example, by the author’s true name or a pseudonym), but only if —(i)

the author has made his or her wishes known, either generally or to the person who is required to identify the author; and

(ii)

it is reasonable in the circumstances to identify the author in that way; and

(b)

in any other case, by any reasonable form of identification.Illustration

An author may make known his or her wish to be identified in a certain way by identifying himself or herself in that way when making or publishing the authorial work.

(3) Where the joint authors of an authorial work use a group name, each of them is sufficiently identified by using the group name.

(4) In every case, the identification must be clear and reasonably prominent.

(5) An identification is reasonably prominent if —(a)

in a case where copies are supplied —(i)

the identification appears in or on each copy; or

(ii)

if that is not appropriate, the identification is likely to be noticed by a person acquiring a copy;

(b)

in the case of a building — the identification is visible to persons entering or approaching the building; and

(c)

in any other case — the identification is likely to be noticed by a person seeing or hearing the performance, exhibition, showing or communication, as the case may be.