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- (ii) it is reasonable in the circumstances to identify the author in that way; and
- (b) in any other case, by any reasonable form of identification.
Illustration
An author may make known his or her wish to be identified in a certain way by identifying himself or herself in that way when making or publishing the authorial work.
(3) Where the joint authors of an authorial work use a group name, each of them is sufficiently identified by using the group name.
(4) In every case, the identification must be clear and reasonably prominent.
(5) An identification is reasonably prominent if—
- (a) in a case where copies are supplied—
- (i) the identification appears in or on each copy; or
- (ii) if that is not appropriate, the identification is likely to be noticed by a person acquiring a copy;
- (b) in the case of a building—the identification is visible to persons entering or approaching the building; and
- (c) in any other case—the identification is likely to be noticed by a person seeing or hearing the performance, exhibition, showing or communication, as the case may be.
Right to be identified—exception where author not known
374.—(1) Section 371 does not require a person to identify the author of an authorial work if, at or during the material time, the identity of the author—
- (a) is not generally known;
- (b) is not known to the person; and
