- Laws of Fiji

Last Updated: 19 July 2019

[COP 89] Content of right to object to derogatory treatment89

(1) In the case of a literary, dramatic or musical work, the right conferred by section 88(2) is infringed by a person who—

(a)publishes commercially, performs in public, broadcasts or includes in a cable programme a derogatory treatment of the work; or
(b)issues to the public copies of—
- (i)an audio visual work or sound recording of; or
- (ii)an audio visual work or sound recording that includes,

a derogatory treatment of the work.

(2) In the case of an artistic work, the right conferred by section 88(2) is infringed by a person who—

(a)publishes commercially or exhibits in public a derogatory treatment of the work, or broadcasts or includes in a cable programme a visual image of a derogatory treatment of the work;
(b)shows in public an audio visual work that includes a visual image of a derogatory treatment of the work or issues to the public copies of such an audio visual work; or
(c)in the case of—
- (i)a sculpture;
- (ii)a work of architecture in the form of a model for a building; or
- (iii)a work of artistic craftsmanship,

issues to the public copies of a graphic work representing, or of a photograph of, a derogatory treatment of the work.

(3) Subsection (2) does not apply to a work of architecture in the form of a building, but if the author of such a work is identified on the building and it is the subject of derogatory treatment the author has the right to require the identification to be removed.

(4) In the case of an audio visual work, the right conferred by section 88(2) is infringed by a person who—

(a)shows in public, broadcasts or includes in a cable programme a derogatory treatment of the audio visual work;
(b)issues to the public copies of a derogatory treatment of the audio visual work; or
(c)along with the audio visual work—
- (i)plays in public, broadcasts, or includes in a cable programme; or
- (ii)issues to the public copies of,

a derogatory treatment of the sound-track of the audio visual work.

(5) The right conferred by section 88(2) extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director of the work, if those parts are attributed to, or are likely to be regarded as the work of, the author or director.

(6) The right conferred by section 88(2) is infringed by a person who, in the course of a business—

(a)possesses;
(b)sells or lets for hire;
(c)offers or exposes for sale or hire; or
(d)exhibits in public or distributes,

an object that is, and that the person knows or has reason to believe is, an infringing object.

(7) In subsection (6) the term “infringing object” means a work, or a copy of a work that—

(a)has been subjected to derogatory treatment; and
(b)has been, or is likely to be, the subject of any of the acts described in this section in circumstances infringing the right conferred by section 88(2).

(8) The right conferred by section 88(2) is infringed by a person who does an act described in subsection (1), (2), (4) or (6) or who authorises another person to do such an act.