s 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).