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Copyright Act 1994

Moral rights - Right to object to derogatory treatment of work

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

You could also call this:

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

Illustration for Copyright Act 1994

You have a right to object to derogatory treatment of films. This right is subject to some exceptions. The right does not apply to films made to report current events. You cannot object to treatment of a film if it is done to comply with certain laws, like the Broadcasting Act 1989. This includes maintaining good taste and decency, or avoiding offences. You also cannot object if the treatment is done with the copyright owner's permission. If a film's director is identified, you must be told if the film has been changed without their consent. This rule applies to films where the copyright is owned by the director's employer, the Crown, or an international organisation. You have the right to object, but only if the director is identified or has been identified before. You are allowed to make some changes to a film, like deleting parts to fit it into a time slot. You can also show a film in separate parts because of its length, or use a clip in an advertisement. These changes do not infringe the director's right to object to derogatory treatment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346255.

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

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

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102: False attribution of identity of author or director, or

"Don't put someone's name on a work they didn't create"

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

101Exceptions to right to object to derogatory treatment of films

  1. The right conferred by section 98(2) is, in relation to films, subject to the exceptions set out in this section.

  2. The right does not apply in relation to any film made for the purpose of reporting current events.

  3. The right is not infringed by any act done for the purpose of,—

  4. in relation to the communication of a film,—
    1. complying with a duty imposed under section 4 of the Broadcasting Act 1989; or
      1. maintaining standards that are consistent with the observance of good taste and decency and the maintenance of law and order; or
        1. avoiding the commission of an offence; or
          1. complying with a duty imposed by or under any enactment—
              1. if,—
            1. where the director 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 film has been subjected to treatment to which the director has not consented; or
              1. where the director 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 film has been subjected to treatment to which the director has not consented.

                1. The right does not apply to any act done, by or with the licence of the copyright owner, in relation to—

                2. a film in which copyright first vested in the director's employer under section 5(2)(b); or
                  1. a film in which Crown copyright exists under section 26; or
                    1. a film in which copyright first vested in an international organisation under section 28—
                        1. unless the director—
                      1. is identified at the time of the act; or
                        1. has previously been identified in or on published copies of the film.

                          1. Where the right applies under subsection (4), the right is not infringed if,—

                          2. where the director 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 film has been subjected to treatment to which the director has not consented; or
                            1. where the director 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 film has been subjected to treatment to which the director has not consented.

                              1. The right is not infringed, in relation to the communication of a film to the public, if the person (A) communicating the film—

                              2. makes a deletion or any deletions from the film that is or are reasonably required to enable A to—
                                1. follow guidelines as to the programmes that may be shown in particular time periods; or
                                  1. fit the film into the time scheduled to show it; or
                                  2. communicates the film in separate parts because of its length; or
                                    1. uses a clip of a film in an advertisement for the showing of the film.

                                      Notes
                                      • Section 101(3)(a): substituted, on , by section 59(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                      • Section 101(3)(b): repealed, on , by section 59(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                      • Section 101(6): substituted, on , by section 59(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).