Rights not to suffer false attributation

Rights not to suffer false attributation

A person has the right (a) not to have a literary, dramatic, musical or artistic work falsely attributed to them as author, and (b) not to have a film falsely attributed to them as director.

An 'attribution' means a statement (express or implied) as to who is the author or director.

The right is infringed by a person who:

  • issues to the public copies of a work in or on which there is a false attribution;
  • exhibits in public an artistic work, or a copy of an artistic work, in or on which there is a false attribution;
  • in the case of a literary, dramatic or musical work, performs the work in public or communicates it to the public as being the work of a person; or
  • in the case of a film, shows it in public or communicates it to the public as being directed by a person, knowing or having reason to believe that the attribution is false.

The right is also infringed by a person who in the course of a business:

  • possesses or deals with a copy of a work in or on which there is a false attribution; or
  • in the case of an artistic work, possesses or deals with the work itself when there is a false attribution in or on it, knowing or having reason to believe that there is such an attribution and that it is false.

In the case of an artistic work, the right is also infringed by a person who in the course of a business:

  • deals with a work which has been altered after the author parted with possession of it as being the unaltered work of the author; or
  • deals with a copy of such a work as being a copy of the unaltered work of the author, knowing or having reason to believe that that is not the case.

'Dealing' means:

  • selling or letting for hire;
  • offering or exposing for sale or hire;
  • exhibiting in public; or
  • distributing.

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