COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
64 Right to object to derogatory treatment of work
(1)
In this section—
“derogatory treatment”, in relation to a work, means any alteration, modification or
adaptation of a work which amounts to distortion or mutilation of the work or is
otherwise prejudicial to the honour or reputation of its author or director.
(2) Subject to this Part, the author of a literary, musical or artistic work, and the director
of an audio-visual work, has the right, for so long as copyright subsists in the work, not to have a
derogatory treatment of his work published commercially, performed or shown in public,
broadcast or included in a cable programme service.
(3)
The right conferred by subsection (2) shall not apply in relation to—
(a) an architectural work in the form of a building:
Provided that, where the author of such a work is identified on the building and it
is subjected to derogatory treatment, he shall have the right to have the identification
removed; or
(b) an audio-visual work, a computer program or any computer-generated work, where the
alteration, modification or adaptation of the work is necessary on technical grounds or
for the purpose of its commercial exploitation; or
(c) anything done which would not amount to an infringement of the copyright in the work
by virtue of section twenty-seven; or
(d) publication in⎯
(i) a newspaper, magazine or similar periodical; or
(ii) an encyclopaedia, dictionary, yearbook or other collective work of reference;
of a literary, dramatic 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; or
(e) anything to which the author or director concerned has consented or in regard to which
he has waived his right; or
(f) anything done for the purpose of avoiding the commission of an offence or complying
with a duty imposed by or under an enactment:
Provided that, where such a thing is done, a clear and reasonably prominent
indication shall be given that the work has been subjected to treatment to which the
author or director has not consented.
65 Right to privacy in regard to certain photographs and audio-visual works
(1) Subject to this Part, a person who for private and domestic purposes commissions the
taking of a photograph or the making of an audio-visual work has the right, for so long as
copyright subsists in the work, not to have—
(a) copies of the work issued to the public; or
(b) the work exhibited or shown in public; or
(c) the work broadcast or included in a cable programme service.
(2)
The right conferred by subsection (1) shall not apply in relation to—
Act 11/2001
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Chapter 26:01
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