Section 25
Moral rights
(2)
Subject to this section, where copyright subsists in a work, no person may, without the consent of the author, or, after the author’s death, of his personal representative, do or authorize the doing of any of the following acts:
(a)
the presentation of the work, by any means whatsoever, without identifying the author or under a name other than that of the author; and
(b)
the distortion, mutilation or other modification of the work if the distortion, mutilation or modification—
(i)
significantly alters the work; and
(ii)
is such that it might reasonably be regarded as adversely affecting the author’s honour or reputation.
(3)
Where a person is authorized, whether by virtue of an assignment, a licence or otherwise, to publish, reproduce, perform in public or communicate to the public a work, that person may make modifications to the work if it would be reasonable to expect that the authorized publication, reproduction, public performance or communication to the public, as the case may be, could not take place without the modifications; but nothing in this subsection shall authorize a modification to a work which would constitute a contravention of subsection (2).
(3A)
Where a work is modified into an accessible format copy by an authorized entity, a person with print disability himself or any other person acting on his behalf including his caregiver, that modification shall not constitute a contravention of subsection (2) if the modification is necessary to make the work in an accessible format copy.
(4)
The author or, after his death, his personal representative, may exercise the rights conferred by this section notwithstanding that the
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copyright in the work is not at the time of the act complained of, vested in the author or personal representative, as the case may be.
(5)
Any contravention or threatened contravention of this section in respect of a work shall be actionable at the suit of the author of the work or, if he is dead, at the suit of his personal representative, as a breach of statutory duty.
(6)
Any damages recovered under this section by a personal representative in respect of a contravention committed in relation to a work after the death of the author of the work shall devolve as part of the author’s estate, as if the right of action had subsisted and had been vested in him immediately before his death.
(7)
Where in an action brought under this section a contravention of the restrictions imposed by this section is proved or admitted, the court may order the offender to publish such correction in such manner as the court may direct.
(8)
Nothing in this section shall derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than by virtue of this section; but this subsection shall not be construed as requiring any damages recovered by virtue of this section to be disregarded in assessing damages in any proceedings instituted otherwise than by virtue of this section and arising out of the same transaction.