100 Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work
  • (1) The right conferred by section 98(2) is, in relation to literary, dramatic, musical, or artistic works, subject to the exceptions set out in this section.

    (2) The right does not apply to—

    • (a) a computer program; or

    • (b) a computer-generated work; or

    • (c) the design of a typeface.

    (3) 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.

    (4) The right does not apply in relation to any subsequent exploitation elsewhere, without any modification of the published version, of a work to which subsection (3) applies.

    (5) The right is not infringed by an act that, under section 67, would not infringe copyright.

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

    (7) The right is not infringed by any act done for the purpose of—

    • (a) avoiding the commission of an offence; or

    • (b) complying with a duty imposed by or under any enactment—

    if,—

    • (c) where the author is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the work has been subjected to treatment to which the author has not consented; or

    • (d) where the author has previously been identified in or on published copies of the work, there is a clear and reasonably prominent indication, given at the time of the act, that the work has been subjected to treatment to which the author has not consented.

    (8) The right does not apply to any act done, by or with the licence of the copyright owner, in relation to—

    • (a) a work in which copyright first vested in the author's employer under section 21(2); or

    • (b) a work in which Crown copyright exists under section 26; or

    • (c) a work in which copyright first vested in an international organisation under section 28

    unless the author—

    • (d) is identified at the time of the act; or

    • (e) has previously been identified in or on published copies of the work.

    (9) Where the right applies under subsection (8), the right is not infringed if,—

    • (a) where the author is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the work has been subjected to treatment to which the author has not consented; or

    • (b) where the author has previously been identified in or on published copies of the work, there is a clear and reasonably prominent indication, given at the time of the act, that the work has been subjected to treatment to which the author has not consented.