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(2) In the case of a performance given by 2 or more performers, the right in subsection (1)—
- (a) is a right of each performer to be identified as a performer; and
- (b) is not infringed in relation to a performer if another performer is not identified.
Illustration
P1 and P2 give a performance. The circumstances in section 392 apply. P1 is identified in the manner required by section 393; P2 is not. P1’s moral right to be identified is not infringed. P2’s moral right to be identified is infringed.
Right to be identified—when should a performer be identified
392. A person (X) must identify the performer of a protected performance—
- (a) if the performance is given in public and produced or put on by X;
- (b) if X communicates the performance live to the public;
- (c) whenever X makes available a recording of the performance to the public (on a network or otherwise) in a way that enables the recording to be accessed by any person on demand; or
- (d) whenever X publishes a recording of the performance.
Right to be identified—how should a performer be identified
393.—(1) Where a performer must be identified under this Division, he or she must be identified in accordance with this section.
(2) The performer must be identified—
- (a) in the way that the performer wishes to be identified (for example, by the performer’s true name or by a stage name or pseudonym), but only if—
- (i) the performer has made his or her wishes known, either generally or to the person who is required to identify the performer; and
