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False attribution of performances.
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314.—(1) A person has the right not to have a performance falsely attributed to him or her as performer.
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(2) The right conferred by subsection (1) is infringed by a person where he or she—
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(a) sells, rents or lends, or offers or exposes for sale, rental or loan,
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(b) imports into the State, otherwise than for his or her private and domestic use,
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(c) in the course of a business, trade or profession, has in his or her possession, custody or control, or
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(d) makes available to the public,
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a recording of a performance, in or on which there is a false attribution, knowing or having reason to believe that the attribution is false.
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(3) The right conferred by subsection (1) is infringed by a person where he or she—
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(a) sells, rents or lends, or offers or exposes for sale, rental or loan,
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(b) imports into the State, otherwise than for his or her private and domestic use,
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(c) in the course of a business, trade or profession, has in his or her possession, custody or control, or
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(d) makes available to the public,
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a recording of a performance which has been altered as being a recording of the unaltered performance, knowing or having reason to believe that the recording has been altered.
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(4) In this Part, “attribution”, in relation to a performance, means a statement, express or implied, as to who is the performer.
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