COPYRIGHT ACT 1968 - SECT 195AT Certain treatment of works not to constitute an infringement of the author's right of integrity of authorship

COPYRIGHT ACT 1968 - SECT 195AT

  (1)   The destruction of a moveable artistic work is not an infringement of the author's right of integrity of authorship in respect of the work if the person who destroyed the work gave the author, or a person representing the author, a reasonable opportunity to remove the work from the place where it was situated.

  (2)   A change in, or the relocation, demolition or destruction of, a building is not an infringement of the author's right of integrity of authorship in respect of an artistic work that is affixed to or forms part of the building if:

  (a)   the owner of the building, after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author; or

  (b)   if paragraph   (a) does not apply--the owner complies with subsection   (2A) in relation to the change, relocation, demolition or destruction.

  (2A)   This subsection is complied with by the owner of a building in relation to a change in, or the relocation, demolition or destruction of, the building if:

  (a)   the owner has, in accordance with the regulations and before the change, relocation, demolition or destruction is carried out, given the author or a person representing the author a written notice stating the owner's intention to carry out the change, relocation, demolition or destruction; and

  (b)   the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the work for either or both of the following purposes:

  (i)   making a record of the work;

  (ii)   consulting in good faith with the owner about the change, relocation, demolition or destruction; and

  (c)   the notice contained such other information and particulars as are prescribed; and

  (d)   where the person to whom the notice was given notifies the owner within the period of 3 weeks referred to in paragraph   (b) that the person wishes to have access to the work for either or both of the purposes mentioned in that paragraph--the owner has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and

  (e)   where, in the case of a change or relocation, the person to whom the notice was given notifies the owner that the person requires the removal from the work of the author's identification as the author of the work--the owner has complied with the requirement.

  (3)   A change in, or the relocation, demolition or destruction of, a building is not an infringement of the author's right of integrity of authorship in respect of the building, or in respect of any plans or instructions used in the construction of the building or a part of the building if:

  (a)   the owner of the building, after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author, or of any of the authors or persons representing the authors, as the case may be; or

  (b)   if paragraph   (a) does not apply--the owner complies with subsection   (3A) in relation to the change, relocation, demolition or destruction.

  (3A)   This subsection is complied with by the owner of a building in relation to a change in, or the relocation, demolition or destruction of, the building if:

  (a)   the owner has, in accordance with the regulations and before the change, relocation, demolition or destruction is carried out, given the author or a person representing the author, or the authors or the persons representing the authors, whose identity and location the owner knows, a written notice stating the owner's intention to carry out the change, relocation, demolition or destruction; and

  (b)   the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the building for either or both of the following purposes:

  (i)   making a record of the artistic work;

  (ii)   consulting in good faith with the owner about the change, relocation, demolition or destruction; and

  (c)   the notice contained such other information and particulars as are prescribed; and

  (d)   where the person to whom the notice was given notifies the owner within the period of 3 weeks referred to in paragraph   (b) that the person wishes to have access to the building for either or both of the purposes mentioned in that paragraph--the owner has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and

  (e)   where, in the case of a change or relocation, the person to whom the notice was given notifies the owner that the person requires the removal from the building of the author's identification as the author of the artistic work--the owner has complied with the requirement.

  (4)   Subsections   (2), (2A), (3) and (3A) do not limit the operation of section   195AG.

  (4A)   The removal or relocation by a person (the remover ) of a moveable artistic work that is situated at a place that is accessible to the public, and was made for installation in that place, is not an infringement of the author's right of integrity of authorship in respect of the work if the remover:

  (a)   after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author; or

  (b)   if paragraph   (a) does not apply--complies with subsection   (4B) in relation to the removal or relocation.

  (4B)   This subsection is complied with by the remover in relation to the removal or relocation of a moveable artistic work if:

  (a)   the remover has, in accordance with the regulations and before the removal or relocation is carried out, given the author or a person representing the author a written notice stating the remover's intention to carry out the removal or relocation; and

  (b)   the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the work for either or both of the following purposes:

  (i)   making a record of the work;

  (ii)   consulting in good faith with the remover about the removal or relocation; and

  (c)   the notice contained such other information and particulars as are prescribed; and

  (d)   where the person to whom the notice was given notifies the remover within the period of 3 weeks referred to in paragraph   (b) that the person wishes to have access to the work for either or both of the purposes mentioned in that paragraph--the remover has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and

  (e)   where the person to whom the notice was given notifies the remover that the person requires the removal from the work of the author's identification as the author of the work--the remover has complied with the requirement.

  (5)   Anything done in good faith to restore or preserve a work is not, by that act alone, an infringement of the author's right of integrity of authorship in respect of the work.