250
NO. 22 OF 2021
- (b) is not infringed in relation to a joint author if another joint author is not identified.
Illustration
A1 and A2 are the joint authors of an authorial work. The circumstances in section 372 apply. A1 is identified in the manner required by section 373; A2 is not. A1’s moral right to be identified is not infringed. A2’s moral right to be identified is infringed.
Right to be identified—when should an author be identified
372.—(1) A person must identify the author of a dramatic or literary work (other than a literary work mentioned in subsection (2)) whenever the person—
- (a) publishes the work;
- (b) performs the work in public;
- (c) communicates the work to the public;
- (d) causes to be seen in public a film that includes the work;
- (e) supplies to the public copies of a film that includes the work;
- (f) supplies to the public copies of a sound recording that includes the work; or
- (g) does any of the acts mentioned in paragraphs (a) to (f) in relation to an adaptation of the work.
(2) A person must identify the author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, whenever the person—
- (a) publishes the work;
- (b) causes to be seen in public a film, the sound-track of which includes the work;
- (c) supplies to the public copies of a sound recording that includes the work;
- (d) supplies to the public copies of a film, the sound-track of which includes the work; or
