COPYRIGHT
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Right to be identified—exception for certain performances
395. Section 391 does not apply to the following performances:
- (a) a performance given for the purpose of advertising any goods or services;
- (b) any prescribed performance.
Right to be identified—exception for certain permitted uses
396. Section 391 does not apply—
- (a) where a person does an act that is a permitted use of a performance under any of the following provisions:
- (i) section 202 (examination purposes);
- (ii) section 290 (judicial proceedings);
- (b) where a person does an act in relation to a performance that is a fair use of the performance for the purpose of reporting news under Division 2 of Part 5; or
- (c) in any prescribed circumstances.
Right to be identified—transitional exception
397. Section 391 does not apply to a performance given before the appointed day.
Right against false identification
398.—(1) The performer (P) of a performance has the moral right not to have any other person (F) identified as the performer of the performance, and a person (X) infringes that right in the circumstances mentioned in this section.
(2) X infringes the right in subsection (1) if—
- (a) X affixes or inserts F’s name in or on a recording of the performance; and
- (b) the affixation or insertion is done in a way that implies that F is the performer.
