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).