(1) A person who, for private and domestic purposes, commissions the taking of a photograph or the making of a film has, where copyright exists in the resulting work but is owned by some other person, the right—
(a) not to have copies of the work issued to the public; and
(b) not to have the work exhibited or shown in public; and
(c) not to have the work communicated to the public.
(2) Subject to subsection (3), the right conferred by subsection (1) is infringed by a person who does an act of the kind described in paragraph (a) or paragraph (b) or paragraph (c) of subsection (1).
(3) The right conferred by subsection (1) 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 the incidental copying of a work in an artistic work, film, or communication work):
(b) section 59 (which relates to parliamentary and judicial proceedings):
(c) section 60 (which relates to Royal commissions and statutory inquiries):
(d) section 66 (which relates to acts done under statutory authority):
(e) section 67 (which relates to acts permitted on assumptions as to expiry of copyright or death of the author in relation to anonymous or pseudonymous works).
(4) The right conferred by subsection (1) is infringed by a person who does an act described in subsection (2) or who authorises another person to do such an act.
Compare: Copyright, Designs and Patents Act 1988 s 85 (UK)
Section 105(1)(c): substituted, on 31 October 2008, by section 62(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 105(3)(a): amended, on 31 October 2008, by section 62(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).