Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 415 · Copyright Act (Cap. 415)

Cap. 415 Art. 12Author’s right to prohibit the mutilation, modification, distortion or subjecting to derogatory treatment of any work.

PART III

In KraftAmtlicher Text

(1) It shall not be lawful for any person, including the assignee of the copyright or a licensee thereunder, without the author’s consent, to mutilate, modify, distort or subject to any other derogatory action any work during its term of copyright in a way prejudicial to the honour or reputation of the author.

(2) The author of a work eligible for copyright shall, until the expiry of copyright, in addition to copyright conferred in relation to that work, and also in those cases where copyright shall have been transmitted by assignment or by testamentary disposition enjoy the moral right -

(a) to claim authorship of his work, in particular, the right that his name as far as practicable, be indicated in a prominent way on the copies, and in connection with any public use of that work; or

(b) that his name be not indicated on the copies, and in connection with any public use, of his work, or that his pseudonym be so indicated: Provided that during the lifetime of the author of a work it shall not be lawful to transmit any of the aforesaid moral rights.

(3) On the death of the author -

(a) the right passes to such person as he may by testamentary disposition specifically direct, provided that on this person’s death the right passes to his successor;

(b) if there is no such direction but the copyright in the work in question forms part of his estate, the right passes to the person to whom the copyright passes;

(c) if or to the extent the right does not pass under paragraph (a) or paragraph (b) it would be exercisable by the owners of the copyright.