Page:Copyright Act 2021.pdf/263

264 (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 the appointed day) 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.

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.