Copyright Act 1994

94 Right to be identified as author or director

• (1) Subject to section 97,—

  • (a) the author of a literary, dramatic, musical, or artistic work that is a copyright work has the right to be identified as the author of the work; and

  • (b) the director of a film that is a copyright work has the right to be identified as the director of the work,—

  in the circumstances described in this section, but the right is not infringed unless it has been asserted in accordance with section 96.

  (2) The author of a literary work (other than words intended to be sung or spoken with music) or a dramatic work has the right to be identified as the author of the work whenever—

  • (a) the work is published commercially, performed in public, or communicated to the public; or

  • (b) copies of a film or sound recording including the work are issued to the public.

  (3) The author of—

  • (a) a literary work (other than words intended to be sung or spoken with music); or

  • (b) a dramatic work—

  from which an adaptation is made has the right to be identified as the author of the work from which the adaptation is made whenever any of the events described in subsection (2) occurs in relation to the adaptation of the work.

  (4) The author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, has the right to be identified as the author of the work whenever—

  • (a) the work is published commercially; or

  • (b) copies of a sound recording of the work are issued to the public; or

  • (c) a film whose soundtrack includes the work is shown in public; or

  • (d) copies of such a film are issued to the public.

  (5) The author of—

  • (a) a musical work; or

  • (b) a literary work consisting of words intended to be sung or spoken with music—

  from which an adaptation is made has the right to be identified as the author of the work from which the adaptation is made whenever any of the events described in subsection (4) occurs in relation to the adaptation of the work.

  (6) The author of an artistic work has the right to be identified as the author of the work whenever—

  • (a) the work is published commercially or exhibited in public; or

  • (b) a visual image of the work is communicated to the public; or

  • (c) a film including a visual image of the work is shown in public; or

  • (d) copies of such a film are issued to the public; or

  • (e) in the case of a sculpture, a work of architecture in the form of a building or a model for a building, or a work of artistic craftsmanship, copies of a graphic work representing the work, or of a photograph of the work, are issued to the public.

  (7) The author of a work of architecture in the form of a building has the right to be identified as such on the building as constructed or, where more than 1 building is constructed to the design, on the first to be constructed.

  (8) The director of a film has the right to be identified as the director of the film whenever—

  • (a) the film is shown in public or communicated to the public; or

  • (b) copies of the film are issued to the public.

  Compare: Copyright, Designs and Patents Act 1988 s 77(1)–(6), (9) (UK)

  Section 94(2)(a): amended, on 31 October 2008, by section 55(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 94(6)(b): amended, on 31 October 2008, by section 55(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 94(8)(a): substituted, on 31 October 2008, by section 55(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).