Copyright Order, 1999 · As enacted · Chapter IV · Moral Rights
81. (1)
Official textFrom Attorney General's Chambers, unchanged
A person does not infringe the right conferred by section 80 by doing any of the acts mentioned in that section, unless the right has been asserted in accordance with this section so as to bind him in relation to that act. ·
The right may be asserted generally, or in relation to any specified act or description of acts -
{a}
on an assignment of copyright in the work, by including in the instrument effecting the assignment a statement that the author or director asserts in relation to that work his right to be identified; or 300
(b} in writing signed by the author or director.
The right may be asserted in relation to the public exhibition of an artistic work-
by securing that when the author or other first owner of copyright parts with possession of the original, or of a copy made by him or under his direction or control, the author is identified on the original or copy, or on a frame, mount or other thing to which it is attached; or
by including in a licence by which the author or other first owner of copyright authorises the making of copies of the work, a statement signed by or on behalf of the person granting the licence that the author asserts his right to be identified in the event of the public exhibition of a copy made under the licence.
The persons bound by an assertion under subsections (2)
or (3) are-
in the case of an assertion under paragraph (a) of subsection (2), the assignee and anyone claiming through him, whether or not he has notice of the assertion;
(b} in the case of an assertion under paragraph (b} of subsection (2), anyone to whose notice the assertion has been brought;
in the case of an assertion under paragraph (a} of subsection (3), anyone into whose hands that original or copy has come, whether or not the identification was still present or visible;
in the case of an assertion under paragraph (b) of subsection (3), the licensee and anyone into whose hands a copy made under the licence has come, whether or not he has notice of the assertion.
In an action for infringement of the right, the court shall, in considering remedies, take into account any delay in asserting that right.
Chapter V
Dealings with Rights in Copyright Works
Chapter VI
Remedies for Infringement
Chapter VII
Copyright Licensing
Chapter VIII
The Copyright Tribunal
Chapter IX
Qualification for and Extent of Copyright Protection
Chapter X