(2) To avoid doubt, any consent or waiver given by an author in relation to the author’s moral rights binds his or her personal legal representative.
Other rights not affected
388.—(1) Subject to this section, this Division does not affect any right of action or other remedy (whether civil or criminal) in proceedings brought otherwise than by virtue of this Division.
(2) Any damages recovered in an action under section 383 must be considered in assessing damages in any other proceedings arising out of the same transaction (and vice versa).
Division 2—Performer’s moral rights
Interpretation of this Division
389. In this Division—
“moral right” means a right under this Division;
“name” includes initials or a monogram.
Application of moral rights
390. The moral rights in this Division apply only—
- (a) in relation to a performance that is a protected performance;
- (b) for the protection period of the performance; and
- (c) in relation to the whole or any substantial part of the performance.
Right to be identified
391.—(1) Subject to the provisions of this Division, the performer of a protected performance has the moral right to be so identified, and that right is infringed if a person fails to identify the performer—
- (a) in the circumstances mentioned in section 392; or
- (b) in the manner required by section 393.
