Skip to content
Contents

Chapter IV · Moral Rights

87. False attribution of work

( 1)

A person has the right in the circumstances mentioned in this section -

{a)

not to have a literary, dramatic, musical or artistic work falsely attributed to him as author; and

{b)

not to have a &lm falsely attributed to him as director.

In this section, an attribution, in relation to such a work, means a statement, whether express or implied, as to who is the author or director.

(2)

Such right is infringed by a person who-

{a) issues to the public copies of a work of any of those descriptions in or on which there is a false attribution; or

(b)

exhibits in public an artistic work, or a copy of an artistic work, in or on which there is a false attribution.

(3)

Such right is infringed by a person who-

306

{a} in the case of a literary, dramatic or musical work, performs the work in public, broadcasts it or includes it in a cable programme service as being the work of a person; or

{b)

in the case of a fi.lm, shows it in public, broadcasts it or includes it in a cable programme service as being directed by a person, knowing or having reason to believe that the attribution is false.

(4)

Such right is infringed by the issue to the public, or by the public display, of material containing a false attribution in connection with any of the acts mentioned in subsections (2) and (3).

(5)

Such right is infringed by a person who in the course of a business-

{a)

possesses or deals with a copy of a work of any of the descriptions mentioned in subsection (1) in or on which there is a false attribution; or

(b)

in the case of an artistic work, possesses or deals with the work itself when there is a false attribution in or on it, knowing or having reason to believe that there is such an attribution and that it is false.

(6)

In the case of an artistic work, such right is infringed by a person who in the course of a business -

{a)

deals with a work that has been altered after the author parted with possession of it as being the unaltered work of the author; or

{b)

deals with a copy of such a work as being a copy of the unaltered work of the author, knowing or having reason to believe that this was not the case.

(7)

In this section, "deals" means sells, lets for hire, offers or exposes for sale or hire, exhibits in public, or distributes.

(8)

This section applies where, contrary to the fact-

{a}

a literary, dramatic or musical work is falsely represented as being an adaptation of the work of a person; or

Right to privacy of certain photo·

graphs and films.

Duration of rights.

Consent and waiver of rights.

{b) a copy of an artistic work is falsely represented as being a copy made by the author of the artistic work, as it applies where the work is falsely attributed to a person as author.

Report

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

Miscellaneous and General

Schedules