Copyright Act 1994

Moral rights - Right to object to derogatory treatment of work

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

You could also call this:

"When you can't stop someone from changing your work in a way that's mean or unfair"

You have a right to object to derogatory treatment of your literary, dramatic, musical, or artistic work under section 98(2). This right does not apply to some things like computer programs or the design of a typeface. It also does not apply to publications in newspapers or magazines if the work was made for that purpose. You cannot object to derogatory treatment if the work is used without modification after being published in a newspaper or magazine. The right is also not infringed if an act would not infringe copyright under section 67. You cannot object to derogatory treatment if the work is used for reporting current events. If you do something to avoid committing an offence or to comply with a duty, you will not infringe the right if you clearly indicate that the work has been treated without the author's consent. The right does not apply to acts done by or with the licence of the copyright owner in relation to certain types of works, such as those where copyright first vested in the author's employer under section 21(2). It also does not apply to works where Crown copyright exists under section 26 or where copyright first vested in an international organisation under section 28, unless the author is identified. If the right does apply in these situations, it is not infringed if there is a clear indication that the work has been treated without the author's consent, as long as the author is identified at the time or has previously been identified in published copies of the work. This indication must be clear and reasonably prominent, and appear with the author's identification or at the time of the act. You should be aware of these exceptions when considering your right to object to derogatory treatment of your work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346254.

This page was last updated on 3 December 2025 — View changes

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99: Content of right to object to derogatory treatment, or

"Protecting Your Creative Work from Harm"

101: Exceptions to right to object to derogatory treatment of films, or

"When you can't stop people from changing a film in a way that's mean or unfair"

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

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

The right conferred by section 98(2) is, in relation to literary, dramatic, musical, or artistic works, subject to the exceptions set out in this section.
The right does not apply to—
a computer program; or
a computer-generated work; or
the design of a typeface.

The right does not apply in relation to the publication, in—
a newspaper, magazine, or similar periodical; or
an encyclopaedia, dictionary, yearbook, or other collective work of reference,—

The right does not apply in relation to any subsequent exploitation elsewhere, without any modification of the published version, of a work to which subsection (3) applies.
The right is not infringed by an act that, under section 67, would not infringe copyright.
The right does not apply in relation to any work made for the purpose of reporting current events.
The right is not infringed by any act done for the purpose of—
avoiding the commission of an offence; or
complying with a duty imposed by or under any enactment—
where the author is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the work has been subjected to treatment to which the author has not consented; or
where the author has previously been identified in or on published copies of the work, there is a clear and reasonably prominent indication, given at the time of the act, that the work has been subjected to treatment to which the author has not consented.

The right does not apply to any act done, by or with the licence of the copyright owner, in relation to—
a work in which copyright first vested in the author's employer under section 21(2); or
a work in which Crown copyright exists under section 26; or
a work in which copyright first vested in an international organisation under section 28—
is identified at the time of the act; or
has previously been identified in or on published copies of the work.

Where the right applies under subsection (8), the right is not infringed if,—
where the author is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the work has been subjected to treatment to which the author has not consented; or
where the author has previously been identified in or on published copies of the work, there is a clear and reasonably prominent indication, given at the time of the act, that the work has been subjected to treatment to which the author has not consented.