(3) X infringes the right in subsection (1) if—
- (a) X makes available a recording of the performance to the public as being a performance by F; and
- (b) X knows that F is not the performer.
(4) X infringes the right in subsection (1) if—
- (a) F’s name is affixed or inserted (whether before, on or after the appointed day) in or on a recording of the performance;
- (b) the affixation or insertion is done in a way that implies F is the performer;
- (c) X knows that F is not the performer; and
- (d) X—
- (i) publishes the recording;
- (ii) deals commercially in the recording; or
- (iii) distributes the recording.
(5) To avoid doubt, X and F could be the same person.
(6) In the case of a performance given by 2 or more performers, an infringement of the right in subsection (1) is an infringement of each performer’s right.
Illustration
A performance is given by P1 and P2. X affixes the names of P1 and F on a recording of the performance in a way that implies that P1 and F are the performers. X has infringed the rights of both P1 and P2 under subsection (1) read with subsection (2).
Right not to have altered recording represented as unaltered
399.—(1) The performer of a performance has the moral right not to have an altered recording of the performance represented as being unaltered.
