§ 399 — Right not to have altered recording represented as unaltered

399.—(1) The performer of a performance has the moral right not to have an altered recording of the performance represented as being unaltered.(2) A person infringes the right in subsection (1) if —(a)

the person —(i)

publishes an altered recording of the performance as being unaltered;

(ii)

deals commercially in an altered recording of the performance as being unaltered; or

(iii)

distributes an altered recording of the performance as being unaltered; and

(b)

the person knows that —(i)

the recording is an altered recording; and

(ii)

the alteration is not made by the performer.

(3) 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.

—(1) The performer of a performance has the moral right not to have an altered recording of the performance represented as being unaltered.

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

the person —(i)

publishes an altered recording of the performance as being unaltered;

(ii)

deals commercially in an altered recording of the performance as being unaltered; or

(iii)

distributes an altered recording of the performance as being unaltered; and

(b)

the person knows that —(i)

the recording is an altered recording; and

(ii)

the alteration is not made by the performer.

(3) 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.