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- (ii) it is reasonable in the circumstances to identify the performer in that way; and
- (b) in any other case, by any reasonable form of identification.
(3) Where a protected performance is given by performers who use a group name, those performers are 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 the case of copies of recordings of a performance—
- (i) the identification appears in or on each copy; or
- (ii) the identification is likely to be noticed by a person acquiring a copy; and
- (b) in any other case—the identification is likely to be noticed by a person seeing or hearing (as the case may be) the performance or communication.
Right to be identified—exception where performer not known
394.—(1) Section 391 does not require a person to identify the performer of a performance if, at or during the material time, the identity of the performer—
- (a) is not generally known;
- (b) is not known to the person; and
- (c) could not reasonably be ascertained by the person.
Illustration
The identity of a performer is known if the performer is known by some name other than his or her true name.
(2) In subsection (1), “material time” means the time at or during which the relevant act in section 392 is done.
