§ 391 — Right to be identified

391.—(1) Subject to the provisions of this Division, the performer of a protected performance has the moral right to be so identified, and that right is infringed if a person fails to identify the performer —(a)

in the circumstances mentioned in section 392; or

(b)

in the manner required by section 393.

(2) In the case of a performance given by 2 or more performers, the right in subsection (1) —(a)

is a right of each performer to be identified as a performer; and

(b)

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

P1 and P2 give a performance. The circumstances in section 392 apply. P1 is identified in the manner required by section 393; P2 is not. P1’s moral right to be identified is not infringed. P2’s moral right to be identified is infringed.

—(1) Subject to the provisions of this Division, the performer of a protected performance has the moral right to be so identified, and that right is infringed if a person fails to identify the performer —(a)

in the circumstances mentioned in section 392; or

(b)

in the manner required by section 393.

(2) In the case of a performance given by 2 or more performers, the right in subsection (1) —(a)

is a right of each performer to be identified as a performer; and

(b)

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

P1 and P2 give a performance. The circumstances in section 392 apply. P1 is identified in the manner required by section 393; P2 is not. P1’s moral right to be identified is not infringed. P2’s moral right to be identified is infringed.