Search Legislation

Copyright, Designs and Patents Act 1988

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Right to object to derogatory treatment of work

 Help about opening options

Status:

Point in time view as at 26/06/2021.

Changes to legislation:

There are currently no known outstanding effects for the Copyright, Designs and Patents Act 1988, Cross Heading: Right to object to derogatory treatment of work. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Right to object to derogatory treatment of workU.K.

80 Right to object to derogatory treatment of work.U.K.

(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)For the purposes of this section—

(a)treatment” of a work means any addition to, deletion from or 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 in the following provisions of this section references to a derogatory treatment of a work shall be construed accordingly.

(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 [F1or communicates to the public] 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, [F2or communicates to the public] 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 [F1or communicates to the public] a derogatory treatment of the film; or

(b)issues to the public copies of a derogatory treatment of the film,

F3. . .

(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 81 and 82 (exceptions to and qualifications of right).

Textual Amendments

F3Words in s. 80(6) omitted (1.1.1996) by virtue of S.I. 1995/3297, reg. 9(2) (with Pt. III)

81 Exceptions to right.U.K.

(1)The right conferred by section 80 (right to object to derogatory treatment of work) is subject to the following exceptions.

(2)The right does not apply to a computer program or to any computer-generated work.

(3)The right does not apply in relation to any work made for the purpose of reporting current events.

(4)The right does not apply in relation to the publication in—

(a)a newspaper, magazine or similar periodical, or

(b)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.

Nor does the right apply in relation to any subsequent exploitation elsewhere of such a work without any modification of the published version.

(5)The right is not infringed by an act which by virtue of [F4section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)] would not infringe copyright.

(6)The right is not infringed by anything done for the purpose of—

(a)avoiding the commission of an offence,

(b)complying with a duty imposed by or under an enactment, or

(c)in the case of the British Broadcasting Corporation, avoiding the inclusion in a programme broadcast by them of anything which offends against good taste or decency or which is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling,

provided, where the author or director is identified at the time of the relevant act or has previously been identified in or on published copies of the work, that there is a sufficient disclaimer.

Textual Amendments

F4Words in s. 81(5) substituted (1.1.1996) by S.I. 1995/3297, reg. 5(3) (with Pt. III)

82 Qualification of right in certain cases.U.K.

(1)This section applies to—

(a)works in which copyright originally vested in the author’s [F5 or director's] employer by virtue of section 11(2) (works produced in course of employment) F6. . .

(b)works in which Crown copyright or Parliamentary copyright subsists, and

(c)works in which copyright originally vested in an international organisation by virtue of section 168.

(2)The right conferred by section 80 (right to object to derogatory treatment of work) does not apply to anything done in relation to such a work by or with the authority of the copyright owner 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 sufficient disclaimer.

83 Infringement of right by possessing or dealing with infringing article.U.K.

(1)The right conferred by section 80 (right to object to derogatory treatment of work) is also infringed by a person who—

(a)possesses in the course of a business, or

(b)sells or lets for hire, or offers or exposes for sale or hire, or

(c)in the course of a business exhibits in public or distributes, or

(d)distributes otherwise than in the course of a business so as to affect prejudicially the honour or reputation of the author or director,

an article which is, and which he knows or has reason to believe is, an infringing article.

(2)An “infringing article” means a work or a copy of a work which—

(a)has been subjected to derogatory treatment within the meaning of section 80, and

(b)has been or is likely to be the subject of any of the acts mentioned in that section in circumstances infringing that right.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Part

The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Part as a PDF

The Whole Part you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources