- (d) X—
- (i) publishes the copy;
- (ii) deals commercially in the copy; or
- (iii) distributes the copy.
(5) For the purposes of subsection (4), “copy”, in relation to a work, includes the work itself.
(6) To avoid doubt, X and F could be the same person.
(7) In the case of a work of joint authorship, an infringement of the right in subsection (1) is an infringement of each joint author’s right.
Illustration
A1 and A2 are the joint authors of an authorial work. X affixes the names of A1 and F on a copy of the work in a way that implies that A1 and F are joint authors of the work. X has infringed the rights of both A1 and A2 under subsection (1) read with subsection (2).
Right not to be falsely identified as author of copy of artistic work
379.—(1) The author of an artistic work has the moral right not to be identified as the author of a copy of the work that was not made by him or her.
(2) A person infringes the right in subsection (1) if—
- (a) the person—
- (i) publishes a copy of the work as being made by the author;
- (ii) deals commercially in a copy of the work as being made by the author; or
- (iii) distributes a copy of the work as being made by the author; and
- (b) the person knows that the copy is not made by the author.
