Page:Copyright Act 2021.pdf/262

Rh Right to be identified—exception for certain performances

395. Section 391 does not apply to the following performances:
 * (a) a performance given for the purpose of advertising any goods or services;
 * (b) any prescribed performance.

Right to be identified—exception for certain permitted uses

396. Section 391 does not apply—
 * (a) where a person does an act that is a permitted use of a performance under any of the following provisions:
 * (i) section 202 (examination purposes);
 * (ii) section 290 (judicial proceedings);
 * (b) where a person does an act in relation to a performance that is a fair use of the performance for the purpose of reporting news under Division 2 of Part 5; or
 * (c) in any prescribed circumstances.

Right to be identified—transitional exception

397. Section 391 does not apply to a performance given before the appointed day.

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.