Copyright Act 1994

99 Content of right to object to derogatory treatment

• (1) In the case of a literary, dramatic, or musical work, the right conferred by section 98(2) is infringed by a person who—

  • (a) publishes commercially, performs in public, or communicates to the public a derogatory treatment of the work; or

  • (b) issues to the public copies of—

    • (i) a film or sound recording of; or

    • (ii) a film or sound recording that includes—

  a derogatory treatment of the work.

  (2) In the case of an artistic work, the right conferred by section 98(2) is infringed by a person who—

  • (a) publishes commercially or exhibits in public a derogatory treatment of the work, or communicates to the public a visual image of a derogatory treatment of the work; or

  • (b) shows in public a film that includes a visual image of a derogatory treatment of the work or issues to the public copies of such a film; or

  • (c) in the case of—

    • (i) a sculpture; or

    • (ii) a work of architecture in the form of a model for a building; or

    • (iii) a work of artistic craftsmanship,—

    issues to the public copies of a graphic work representing, or of a photograph of, a derogatory treatment of the work.

  (3) Subsection (2) does not apply to a work of architecture in the form of a building; but where the author of such a work is identified on the building and it is the subject of derogatory treatment the author has the right to require the identification to be removed.

  (4) In the case of a film, the right conferred by section 98(2) is infringed by a person who—

  • (a) shows in public, or communicates to the public, a derogatory treatment of the film; or

  • (b) issues to the public copies of a derogatory treatment of the film; or

  • (c) along with the film,—

    • (i) plays in public or communicates to the public; or

    • (ii) issues to the public copies of—

    a derogatory treatment of the film soundtrack.

  (5) The right conferred by section 98(2) extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director of the work, if those parts are attributed to, or are likely to be regarded as the work of, the author or director.

  (6) The right conferred by section 98(2) is infringed by a person who, in the course of a business,—

  • (a) possesses; or

  • (b) sells or lets for hire; or

  • (c) offers or exposes for sale or hire; or

  • (d) exhibits in public or distributes—

  an object that is, and that the person knows or has reason to believe is, a work or a copy of a work that—

  • (e) has been subjected to derogatory treatment; and

  • (f) has been, or is likely to be, the subject of any of the acts described in this section in circumstances infringing the right conferred by section 98(2).

  (7) The right conferred by section 98(2) is infringed by a person who does an act described in subsection (1) or subsection (2) or subsection (4) or subsection (6) or who authorises another person to do such an act.

  Compare: Copyright, Designs and Patents Act 1988 ss 80(3)–(7), 83 (UK)

  Section 99(1)(a): amended, on 31 October 2008, by section 58(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 99(2)(a): amended, on 31 October 2008, by section 58(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 99(4)(a): substituted, on 31 October 2008, by section 58(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 99(4)(c)(i): substituted, on 31 October 2008, by section 58(4) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).