Copyright Act 1994

97 Exceptions to right to be identified

• (1) The right conferred by section 94 is subject to the exceptions set out in this section.

  (2) The right does not apply in relation to—

  • (a) a computer program; or

  • (b) a computer-generated work; or

  • (c) the design of a typeface.

  (3) The right is not infringed by an act that, under any of the following provisions of this Act, would not infringe copyright in the work:

  • (a) section 41 (which relates to incidental copying of a work):

  • (b) section 42 (which relates to criticism, review, and news reporting):

  • (c) section 43A (which relates to transient reproduction of work):

  • (d) section 49 (which relates to things done for the purposes of an examination):

  • (e) section 59 (which relates to parliamentary and judicial proceedings):

  • (f) section 60 (which relates to Royal commissions and statutory inquiries):

  • (g) section 67 (which relates to acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works):

  • (h) section 81A (which relates to copying sound recordings for private and domestic use).

  (4) The right does not apply in relation to any work made for the purpose of reporting current events.

  (5) The right does not apply in relation to the publication, in—

  • (a) a newspaper, magazine, or similar periodical; or

  • (b) an encyclopedia, dictionary, yearbook, or other collective work of reference,—

  of a literary, dramatic, musical, or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

  (6) The right does not apply to any act done by or with the licence of the copyright owner in relation to a work in which copyright first vested in the author's employer under section 21(2) or in the director's employer under section 5(2)(b), if—

  • (a) the author or director cannot readily be identified at the time of the act; or

  • (b) in the case of a literary, dramatic, musical, or artistic work—

    • (i) more than 2 persons were involved in the creation of the work and it is impracticable at the time of the act to identify the respective contributions of each person to the work; and

    • (ii) the authors have not previously been identified in or on published copies of the work.

  (7) The right does not apply in relation to—

  • (a) a work in which Crown copyright exists under section 26; or

  • (b) a work in which copyright first vested in an international organisation under section 28,—

  unless the author or director has previously been identified as such in or on published copies of the work.

  (8) The right does not apply in relation to—

  • (a) a film that is an advertisement; or

  • (b) a part of a film, if that part—

    • (i) appears incidentally in another film, or is included in a communication work; and

    • (ii) is not a substantial part of the film.

  Compare: Copyright, Designs and Patents Act 1988 s 79 (UK)

  Section 97(3): substituted, on 31 October 2008, by section 57(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 97(8)(b): substituted, on 31 October 2008, by section 57(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).