Right to object to derogatory treatment of work

(1) Subject to the provisions in this Part, and in particular to section 24 of this Act, the author of a literary, dramatic, musical or artistic work that is a protected work and the director of a film that is a protected work shall have, respectively, the right not to have the work subjected to work. 38 derogatory treatment; and such right is infringed by any person who does any of the acts specified in section 42 or section 43 of the Act in the circumstances there specified. (2) For the purpose of this Act, (a) “treatment” of a work means any addition to, deletion from, 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 references to a derogatory treatment of a work shall be construed accordingly; (c) “sufficient disclaimer” means a clear and reasonably prominent indication, (i) giving the time of the act; and (ii) if the author or director is then identified, appearing along with the indication, that the work has been subjected to treatment to which the author or director has not consented. (3) The right referred to in subsection (1) of this section does not apply in relation to, 39 (a) a computer program or to a computer- generated work; (b) fair dealing with any work made for the purpose of reporting current events; (c) the publication in any newspaper, magazine or similar periodical or in an encyclopaedia, dictionary, yearbook or other collective work of reference, of a literary, dramatic, musical 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, subject, in any particular case, to any agreement excluding the operation of the foregoing provisions of this paragraph to that case; (d) any subsequent publication elsewhere of such work as is referred to in paragraph (c) of this subsection, subject to any such agreement as is referred to in that paragraph. (4) The right referred to in subsection (1) of this section does not apply to anything done by or with the authority of the copyright owner in relation to work in which copyright originally vested in an international organization by virtue of section 144 unless the author or director, (a) is identified at the time of the relevant act; or (b) has previously been identified in or on published copies of the work, and where in such a case the right does apply, it is not infringed if there is a case of sufficient disclaimer.