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Copyright Act 1994

Moral rights - Right to object to derogatory treatment of work

99: Content of right to object to derogatory treatment

You could also call this:

"Protecting Your Creative Work from Harm"

Illustration for Copyright Act 1994

If you create a work like a book, song, or movie, you have the right to object to derogatory treatment of your work. This means you can stop people from doing things that might hurt your reputation or damage your work. You can find more information about this right in section 98(2). If someone publishes, performs, or shows a derogatory treatment of your work, they might be infringing your rights. This includes selling or giving away copies of the derogatory treatment. You can object to this treatment if it hurts your reputation or damages your work. There are some exceptions to this rule, like if the work is a building and the author's name is on it. In this case, the author can ask for their name to be removed if the building is treated in a derogatory way. You can read more about this in section 98(2). If someone does something that infringes your rights, like showing a derogatory treatment of your work in public, you can take action. This includes stopping them from selling or giving away copies of the derogatory treatment. You can find more information about your rights in section 98(2). If someone else does a derogatory treatment of part of your work, you might still have the right to object. This is because the treatment might still be attributed to you, even if you didn't create it. You can read more about this in section 98(2). If someone knows that a work has been treated in a derogatory way and still sells or shows it, they might be infringing your rights. This includes selling or giving away copies of the derogatory treatment, or showing it in public. You can find more information about your rights in section 98(2). If someone authorises another person to do something that infringes your rights, they might also be liable. This means they could be responsible for the actions of the other person. You can read more about this in section 98(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346253.

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98: Right to object to derogatory treatment of work, or

"Stopping people from changing your work in a way that hurts your reputation"

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100: Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work, or

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Part 4Moral rights
Right to object to derogatory treatment of work

99Content of right to object to derogatory treatment

  1. In the case of a literary, dramatic, or musical work, the right conferred by section 98(2) is infringed by a person who—

  2. publishes commercially, performs in public, or communicates to the public a derogatory treatment of the work; or
    1. issues to the public copies of—
      1. a film or sound recording of; or
        1. a film or sound recording that includes—
          2. a derogatory treatment of the work.

        2. In the case of an artistic work, the right conferred by section 98(2) is infringed by a person who—

        3. publishes commercially or exhibits in public a derogatory treatment of the work, or communicates to the public a visual image of a derogatory treatment of the work; or
          1. shows in public a film that includes a visual image of a derogatory treatment of the work or issues to the public copies of such a film; or
            1. in the case of—issues to the public copies of a graphic work representing, or of a photograph of, a derogatory treatment of the work.
              1. a sculpture; or
                1. a work of architecture in the form of a model for a building; or
                  1. a work of artistic craftsmanship,—

                  2. Subsection (2) 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 the author has the right to require the identification to be removed.

                  3. In the case of a film, the right conferred by section 98(2) is infringed by a person who—

                  4. shows in public, or communicates to the public, a derogatory treatment of the film; or
                    1. issues to the public copies of a derogatory treatment of the film; or
                      1. along with the film,—a derogatory treatment of the film soundtrack.
                        1. plays in public or communicates to the public; or
                          1. issues to the public copies of—

                          2. The right conferred by section 98(2) extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director of the work, if those parts are attributed to, or are likely to be regarded as the work of, the author or director.

                          3. The right conferred by section 98(2) is infringed by a person who, in the course of a business,—

                          4. possesses; or
                            1. sells or lets for hire; or
                              1. offers or exposes for sale or hire; or
                                1. exhibits in public or distributes—
                                    1. an object that is, and that the person knows or has reason to believe is, a work or a copy of a work that—
                                  1. has been subjected to derogatory treatment; and
                                    1. has been, or is likely to be, the subject of any of the acts described in this section in circumstances infringing the right conferred by section 98(2).

                                      1. The right conferred by section 98(2) is infringed by a person who does an act described in subsection (1) or subsection (2) or subsection (4) or subsection (6) or who authorises another person to do such an act.

                                      Notes
                                      • Section 99(1)(a): amended, on , by section 58(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                      • Section 99(2)(a): amended, on , by section 58(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                      • Section 99(4)(a): substituted, on , by section 58(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                      • Section 99(4)(c)(i): substituted, on , by section 58(4) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).