§ 398 — Right against false identification

398.—(1) The performer (P) of a performance has the moral right not to have any other person (F) identified as the performer of the performance, and a person (X) infringes that right in the circumstances mentioned in this section.(2) X infringes the right in subsection (1) if —(a)

X affixes or inserts F’s name in or on a recording of the performance; and

(b)

the affixation or insertion is done in a way that implies that F is the performer.

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

X makes available a recording of the performance to the public as being a performance by F; and

(b)

X knows that F is not the performer.

(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 recording of the performance;

(b)

the affixation or insertion is done in a way that implies F is the performer;

(c)

X knows that F is not the performer; and

(d)

X —(i)

publishes the recording;

(ii)

deals commercially in the recording; or

(iii)

distributes the recording.

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

(6) In the case of a performance given by 2 or more performers, an infringement of the right in subsection (1) is an infringement of each performer’s right.Illustration

A performance is given by P1 and P2. X affixes the names of P1 and F on a recording of the performance in a way that implies that P1 and F are the performers. X has infringed the rights of both P1 and P2 under subsection (1) read with subsection (2).

—(1) The performer (P) of a performance has the moral right not to have any other person (F) identified as the performer of the performance, and a person (X) infringes that right in the circumstances mentioned in this section.

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

X affixes or inserts F’s name in or on a recording of the performance; and

(b)

the affixation or insertion is done in a way that implies that F is the performer.

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

X makes available a recording of the performance to the public as being a performance by F; and

(b)

X knows that F is not the performer.

(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 recording of the performance;

(b)

the affixation or insertion is done in a way that implies F is the performer;

(c)

X knows that F is not the performer; and

(d)

X —(i)

publishes the recording;

(ii)

deals commercially in the recording; or

(iii)

distributes the recording.

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

(6) In the case of a performance given by 2 or more performers, an infringement of the right in subsection (1) is an infringement of each performer’s right.Illustration

A performance is given by P1 and P2. X affixes the names of P1 and F on a recording of the performance in a way that implies that P1 and F are the performers. X has infringed the rights of both P1 and P2 under subsection (1) read with subsection (2).