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Duty not to attribute falsely authorship of work or identity of performer of performance

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—(1) A person (referred to in this subsection as the offender) shall, by virtue of this section, be under a duty to the author of a work or a performer of a performance not to —(a)insert or affix another person’s name in or on the work or a recording of the performance, or in or on a reproduction of the work or recording, in such a way as to imply that the other person is the author of the work or the performer of the performance;(b)publish, sell or let for hire, by way of trade offer or expose for sale or hire, or by way of trade exhibit in public, the work or recording of the performance with another person’s name so inserted or affixed, if the offender knows that the other person is not the author of the work or the performer of the performance;(c)do any of the acts mentioned in paragraph (b) in relation to, or distribute, reproductions of the work or recording of the performance, being reproductions in or on which another person’s name has been so inserted or affixed, if the offender knows that the other person is not the author of the work or the performer of the performance; or(d)perform in public or communicate the work as being a work of which another person is the author, or make available to the public the recording of a performance as being a recording of a performance of which another person is the performer, if the offender knows that the other person is not the author of the work or the performer of the performance. (2) Subsection (1) shall apply where, contrary to the fact, a work is represented as being an adaptation of the work of another person in like manner as it applies where a work is represented as being the work of another person. (3) After the death of the author of a work or the performer of the performance, a person shall, by virtue of this section, be under a duty to the legal personal representative of the author or performer not to do in relation to, or to a reproduction of, the work or an adaptation of the work or a recording of the performance any act that, but for the death of the author or performer, the person would, by reason of either subsection (1) or (2), have been under a duty to the author or performer not to do. (4) In this section —“performance” means a performance in respect of which the protection period under Part XII has not expired;“work” means a work in which copyright subsists under this Act. [Aust. 1968, s. 190]

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