Copyright and Related Rights Act, 2000
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Exceptions to integrity right. |
110.—(1) Subject to subsections (2) and (3), the integrity right shall not apply to— | |
(a) a work made for the purpose of reporting current events; | ||
(b) a work made for the purposes of— | ||
(i) a newspaper or periodical, or | ||
(ii) an encyclopaedia, dictionary, yearbook or other collective work of reference, | ||
or to a work made available to the public with the licence of the author for such purposes; or | ||
(c) a subsequent use of a work referred to in paragraph (b) without any modification of the version made available to the public under that paragraph. | ||
(2) Subject to subsection (3), the integrity right is not infringed— | ||
(a) by an act which under section 51 or 88 would not infringe the copyright in a work, or | ||
(b) by anything done for the purposes of— | ||
(i) avoiding any contravention of civil or criminal law, | ||
(ii) complying with a duty imposed by or under an enactment, or | ||
(iii) in the case of authorised broadcasters or authorised cable programme service providers, avoiding the inclusion in a programme which is broadcast or included in a cable programme service by those broadcasters or providers, of anything which is likely to offend public morality or which is likely to encourage or incite to crime or to lead to public disorder. | ||
(3) Subsection (2)(b) shall not apply unless the author is identified at the time of the act concerned or has previously been identified in or on copies of the work which have been lawfully made available to the public and there is a sufficient disclaimer. | ||
(4) In this Part “sufficient disclaimer”, in relation to an act capable of infringing the integrity right, means a clear and reasonably prominent indication given at the time of the act, or where the author is then identified, appearing with the identification, that the work has been subjected to an action which the author has not licensed. |