Section 83
Section 83
(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)
In this section –
(a)
the 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;
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
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BLUV as at 24th December 2013
(b)
the treatment of a work is derogatory if it amounts to distortion, mutilation or any other modification of the work or is otherwise prejudicial to the honour or reputation of the author or director.
(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
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
64
BLUV as at 24th December 2013
(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 84 and 85.
Exceptions to right.