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Written by Felix Da Silva (fdasilva@bitnip.com)
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Saturday, 02 June 2007 |
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Page 3 of 4
The right to object to false attribution
Provides individuals with the right not to be named on works which they have not created.
- the right to object to false attribution applies whether or not the claimant is an author
- the right to object to false attribution applies to persons (Clark v Associated newspaper) wrongly named as the authors of LDMA and as the directors of films.
- Only lasts for 20 yrs after the death of the person who is falsely said to be the author.
- This right is infringed by a person who issues copies of a work to the public or exhibits in public an artistic work on which there Is a false attribution.
- Can also be infringed by a person who performs, broadcasts or shows the work and who knows that the attribution is false.
- Whether a work has been attributed to the wrong person depends on ‘the single meaning which the … work conveys to the notional reasonable reader’ (Clark v Associated Newspaper)
- There is no need for the complainant to prove that the attribution actually caused them any damage.
- Noah v Shuba
- An author’s work was held to be falsely attributed when it was attributed to the author after having been substantially added to by another person without their consent.
- The right to object to false attribution of authorship is supplemented by various non statutory causes of action such as the action of passing off or defamation.
- Ridge v Engish illustrated magazine
- The defendant published a story that they attributed to the plaintiff, a well known author, which in fact had been written by a grocer’s assistant from Bournemouth.
- The court instructed the jury to find the publication to be defamatory if anyone reading the story would think that plaintiff was a mere commonplace scribbler.
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