Page:Copyright Act 2021.pdf/254

Rh Right against false identification

378.—(1) The author (A) of an authorial work has the moral right to not have any other person (F) identified as the author of the work, and a person (X) infringes that right in the circumstances mentioned in subsections (2), (3) and (4).

(2) X infringes the right in subsection (1) if—
 * (a) X affixes or inserts F’s name in, or on, the work or a copy of the work; and
 * (b) the affixation or insertion is done in a way that implies that—
 * (i) F is the author of the work; or
 * (ii) the work is an adaptation of a work by F.

(3) X infringes the right in subsection (1) if—
 * (a) X performs the work in public or communicates the work to the public;
 * (b) the performance or communication is done in a way that implies that—
 * (i) F is the author of the work; or
 * (ii) the work is an adaptation of a work by F; and
 * (c) X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false.

(4) X infringes the right in subsection (1) if—
 * (a) F’s name is affixed or inserted (whether before, on or after the appointed day) in or on a copy of the work;
 * (b) the affixation or insertion is done in a way that implies that—
 * (i) F is the author of the work; or
 * (ii) the work is an adaptation of a work by F;
 * (c) X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false; and