Part ICopyright

Chapter IVMoral Rights

Right to object to derogatory treatment of work

80Right to object to derogatory treatment of work

1

The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right in the circumstances mentioned in this section not to have his work subjected to derogatory treatment.

2

For the purposes of this section—

a

“treatment” of a work means any addition to, deletion from or alteration to or adaptation of the work, other than—

i

a translation of a literary or dramatic work, or

ii

an arrangement or transcription of a musical work involving no more than a change of key or register; and

b

the treatment of a work is derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director;

and in the following provisions of this section references to a derogatory treatment of a work shall be construed accordingly.

3

In the case of a literary, dramatic or musical work the right is infringed by a person who—

a

publishes commercially, performs in public, broadcasts or includes in a cable programme service a derogatory treatment of the work; or

b

issues to the public copies of a film or sound recording of, or including, a derogatory treatment of the work.

4

In the case of an artistic work the right is infringed by a person who—

a

publishes commercially or exhibits in public a derogatory treatment of the work, or broadcasts or includes in a cable programme service a visual image of a derogatory treatment of the work,

b

shows in public a film including 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 work of architecture in the form of a model for a building,

ii

a sculpture, 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.

5

Subsection (4) 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 he has the right to require the identification to be removed.

6

In the case of a film, the right is infringed by a person who—

a

shows in public, broadcasts or includes in a cable programme service a derogatory treatment of the film; or

b

issues to the public copies of a derogatory treatment of the film,

or who, along with the film, plays in public, broadcasts or includes in a cable programme service, or issues to the public copies of, a derogatory treatment of the film sound-track.

7

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

8

This section has effect subject to sections 81 and 82 (exceptions to and qualifications of right).