Page:Copyright Act 2021.pdf/260

Rh (2) In the case of a performance given by 2 or more performers, the right in subsection (1)—
 * (a) is a right of each performer to be identified as a performer; and
 * (b) is not infringed in relation to a performer if another performer is not identified.

Right to be identified—when should a performer be identified

392. A person (X) must identify the performer of a protected performance—
 * (a) if the performance is given in public and produced or put on by X;
 * (b) if X communicates the performance live to the public;
 * (c) whenever X makes available a recording of the performance to the public (on a network or otherwise) in a way that enables the recording to be accessed by any person on demand; or
 * (d) whenever X publishes a recording of the performance.

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