Part IX.—False Attribution of Authorship.
Definition. 189. In this Part, “name” includes initials or a monogram.
Duty not to attribute falsely the authorship of a work. 190.—(1.) A person (in this sub-section referred to as “the offender”) is, by virtue of this section, under a duty to the author of a work not to—
- (a) insert or affix another person’s name in or on the work, or in or on a reproduction of the work, in such a way as to imply that the other person is the author of the work;
- (b) publish, sell or let for hire, by way of trade offer or expose for sale or hire, or by way of trade exhibit in public, the work with another person’s name so inserted or affixed, if the offender knows that the other person is not the author of the work;
- (c) do any of the acts mentioned in the last preceding paragraph in relation to, or distribute, reproductions of the work, being reproductions in or on which another person’s name has been so inserted or affixed, if the offender knows that the other person is not the author of the work; or
- (d) perform in public or broadcast the work as being a work of which another person is the author, if the offender knows that the other person is not the author of the work.
(2.) The last preceding sub-section applies where, contrary to the fact, a work is represented as being an adaptation of the work of another person in like manner as it applies where a work is represented as being the work of another person.
(3.) After the death of the author of a work, a person is, by virtue of this section, under a duty to the legal personal representative of the author not to do in relation to, or to a reproduction of, the work or an adaptation of the work any act that, but for the death of the author, the person would, by reason of either of the last two preceding sub-sections, have been under a duty to the author not to do.
(4.) In this section, “work” means a work in which copyright subsists.
Duty not to attribute falsely the authorship of altered work. 191. Where a work in which copyright subsists has been altered by a person other than the author of the work, a person is, by virtue of this section, under a duty to the author of the work not to—
- (a) publish, sell or let for hire, or by way of trade offer or expose for sale or hire, the work as so altered, as being the unaltered work of the author; or
- (b) publish, sell or let for hire, or by way of trade offer or expose for sale or hire, a reproduction of the work as so altered, as being a reproduction of the unaltered work of the author,
if, to his knowledge, it is not the unaltered work or a reproduction of the unaltered work, as the case may be, of the author.
Duty not to attribute falsely the authorship of artistic work. 192. A person is, by virtue of this section, under a duty to the author of an artistic work in which copyright subsists not to—
- (a) publish, sell or let for hire, by way of trade offer or expose for reproduction of sale or hire, or by way of trade exhibit in public, a reproduction of the work, as being a reproduction made by the author of the work; or
- (b) distribute reproductions of the work as being reproductions made by the author of the work,
where the reproduction was, or the reproductions were, to his knowledge, not made by the author.
Breach of duty not committed if act done outside Australia or done with permission. 193. The doing of an act by a person is not a breach of a duty owed by that person to another person by virtue of this Part if the act was done outside Australia or was done with the permission, whether express or implied, of that other person.
Action for breach of duty. 194.—(1.) Where a person commits a breach of a duty owed by him to another person by virtue of this Part, the breach is not an offence against this Part but the other person may bring an action in respect of the breach.
(2.) Subject to section 203 of this Act, the relief that a court may grant in an action under the last preceding sub-section includes an injunction (subject to such terms, if any, as the court thinks fit) and damages.
(3.) Where, in respect of an act done in relation to, or to a reproduction of, a work or an adaptation of a work after the death of the author of the work, damages are recovered under this section by the legal personal representative of the author, those damages devolve as if they formed part of the estate of the author and as if the right of action in respect of the doing of that act had subsisted, and had been vested in the author, immediately before his death.
Saving of other rights and remedies. 195.—(1.) Subject to this section, this Part does not affect any right of action or other remedy, whether civil or criminal, in proceedings instituted otherwise than by virtue of this Part.
(2.) Any damages recovered in proceedings instituted by virtue of this Part shall be taken into account in assessing damages in proceedings instituted otherwise than by virtue of this Part and arising out of the same operation or transaction.
(3.) Any damages recovered in proceedings instituted otherwise than by virtue of this Part shall be taken into account in assessing damages in proceedings instituted by virtue of this Part and arising out of the same operation or transaction.