Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person does not, by subjecting a work, or authorising a work to be subjected, to derogatory treatment, infringe the author's right of integrity of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances to subject the work to the treatment.
(2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a literary, dramatic, musical or artistic work to derogatory treatment include the following:
(a) the nature of the work;
(b) the purpose for which the work is used;
(c) the manner in which the work is used;
(d) the context in which the work is used;
(e) any practice, in the industry in which the work is used, that is relevant to the work or the use of the work;
(f) any practice contained in a voluntary code of practice, in the industry in which the work is used, that is relevant to the work or the use of the work;
(g) whether the work was made:
(i) in the course of the author's employment; or
(ii) under a contract for the performance by the author of services for another person;
(h) whether the treatment was required by law or was otherwise necessary to avoid a breach of any law;
(i) if the work has 2 or more authors--their views about the treatment.
(3) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a cinematograph film to derogatory treatment include the following:
(a) the nature of the film;
(b) whether the primary purpose for which the film was made was for exhibition at cinemas, for broadcasting by television or for some other use;
(c) the purpose for which the film is used;
(d) the manner in which the film is used;
(e) the context in which the film is used;
(f) any practice, in the industry in which the film is used, that is relevant to the film or the use of the film;
(g) any practice contained in a voluntary code of practice, in the industry in which the film is used, that is relevant to the film or the use of the film;
(h) whether the film was made in the course of the employment of the director, producer or screenwriter who alleges that the treatment was derogatory;
(i) whether the treatment was required by law or was otherwise necessary to avoid a breach of any law.
(4) A person who does any act referred to in subsection 195AQ(3), (4) or (5) in respect of a work that has been subjected to derogatory treatment of a kind mentioned in that subsection does not, by doing that act, infringe the author's right of integrity of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances to do that act.