§ 378 — Right against false identification

378.—(1) The 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).(2) X infringes the right in subsection (1) if —(a)

X affixes or inserts F’s name in, or on, the work or a copy of the work; and

(b)

the affixation or insertion is done in a way that implies that —(i)

F is the author of the work; or

(ii)

the work is an adaptation of a work by F.

(3) X infringes the right in subsection (1) if —(a)

X performs the work in public or communicates the work to the public;

(b)

the performance or communication is done in a way that implies that —(i)

F is the author of the work; or

(ii)

the work is an adaptation of a work by F; and

(c)

X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false.

(4) X infringes the right in subsection (1) if —(a)

F’s name is affixed or inserted (whether before, on or after 21 November 2021) in or on a copy of the work;

(b)

the affixation or insertion is done in a way that implies that —(i)

F is the author of the work; or

(ii)

the work is an adaptation of a work by F;

(c)

X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false; and

(d)

X —(i)

publishes the copy;

(ii)

deals commercially in the copy; or

(iii)

distributes the copy.

(5) For the purposes of subsection (4), “copy”, in relation to a work, includes the work itself.

(6) To avoid doubt, X and F could be the same person.

(7) 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.Illustration

A1 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).

—(1) The 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).

(2) X infringes the right in subsection (1) if —(a)

X affixes or inserts F’s name in, or on, the work or a copy of the work; and

(b)

the affixation or insertion is done in a way that implies that —(i)

F is the author of the work; or

(ii)

the work is an adaptation of a work by F.

(3) X infringes the right in subsection (1) if —(a)

X performs the work in public or communicates the work to the public;

(b)

the performance or communication is done in a way that implies that —(i)

F is the author of the work; or

(ii)

the work is an adaptation of a work by F; and

(c)

X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false.

(4) X infringes the right in subsection (1) if —(a)

F’s name is affixed or inserted (whether before, on or after 21 November 2021) in or on a copy of the work;

(b)

the affixation or insertion is done in a way that implies that —(i)

F is the author of the work; or

(ii)

the work is an adaptation of a work by F;

(c)

X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false; and

(d)

X —(i)

publishes the copy;

(ii)

deals commercially in the copy; or

(iii)

distributes the copy.

(5) For the purposes of subsection (4), “copy”, in relation to a work, includes the work itself.

(6) To avoid doubt, X and F could be the same person.

(7) 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.Illustration

A1 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).