- Laws of Fiji

Last Updated: 19 July 2019

[COP 90] Exceptions to right to object to derogatory treatment90

(1) The right conferred by section 88 is 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.

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

(4) The right does not apply in relation to the publication, in—

(a)a newspaper, magazine, or similar periodical; or
(b)an encyclopedia, dictionary, year book 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.

(5) 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 (4) applies.

(6) The right is not infringed by an act that, under section 61, would not infringe copyright.

(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 an enactment, if—
- (i)where the author or director 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 or director has not consented; or
- (ii)where the author or director 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 or director 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 or in the director’s employer under section 5(2)(b); or
(b)a work in which State copyright exists under section 26; or
(c)a work in which copyright first vested in an international organisation under section 28,
unless the author or director—
- (i)is identified at the time of the act; or
- (ii)has previously been identified in or on published copies of the work.

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

(a)where the author or director 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 or director has not consented; or
(b)where the author or director 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 or director has not consented.