§ 393 — Right to be identified — how should a performer be identified

393.—(1) Where a performer must be identified under this Division, he or she must be identified in accordance with this section.(2) The performer must be identified —(a)

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

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

(ii)

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

(b)

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

(3) Where a protected performance is given by performers who use a group name, those performers are 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 the case of copies of recordings of a performance —(i)

the identification appears in or on each copy; or

(ii)

the identification is likely to be noticed by a person acquiring a copy; and

(b)

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

—(1) Where a performer must be identified under this Division, he or she must be identified in accordance with this section.

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

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

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

(ii)

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

(b)

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

(3) Where a protected performance is given by performers who use a group name, those performers are 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 the case of copies of recordings of a performance —(i)

the identification appears in or on each copy; or

(ii)

the identification is likely to be noticed by a person acquiring a copy; and

(b)

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