- Copyright Act 1994
- Contents
- Part 1 Description, ownership, and duration of copyright
- Part 2 Infringement of copyright
- Part 3 Acts permitted in relation to copyright works
- Part 4 Moral rights
- Part 5 Dealing with rights in copyright works
- Part 6 Remedies for infringement
- Part 7 Border protection measures
- Part 8 Copyright licensing
- References and applications with respect to licensing schemes
- References with respect to licensing schemes
- Applications with respect to licensing schemes
- References and applications with respect to licensing by licensing bodies
- Factors to be taken into account in certain classes of cases
- Implied indemnity in schemes or licences for reprographic copying
- Part 9 Performers’ rights
- Part 10 Copyright Tribunal
- Part 11 Miscellaneous provisions
- Schedule 1 Transitional provisions and savings
- Schedule 2 Enactments amended
- Schedule 3 Enactments repealed
- Schedule 4 Regulations revoked
- 1 Short Title and commencement
- 2 Interpretation
- 3 Associated definitions for communication works
- 4 Meaning of cable programme service, and associated definitions
- 5 Meaning of author
- 6 Meaning of work of joint authorship
- 7 Meaning of unknown authorship
- 8 Meaning of copyright owner
- 9 Meaning of issue to the public
- 10 Meaning of publication
- 11 Meaning of commercial publication
- 12 Meaning of infringing copy
- 13 Act to bind the Crown
- Part 1 Description, ownership, and duration of copyright
- Description of copyright
- 14 Copyright in original works
- 15 Recording necessary for some works
- 16 Acts restricted by copyright
- Qualification for copyright
- 17 Qualification for copyright
- 18 Qualification by reference to author
- 19 Qualification by reference to country of first publication
- 20 Qualification by reference to origin of communication work
- Ownership of copyright
- 21 First ownership of copyright
- Duration of copyright
- 22 Duration of copyright in literary, dramatic, musical, or artistic works
- 23 Duration of copyright in sound recordings and films
- 24 Duration of copyright in communication works
- 25 Duration of copyright in typographical arrangement of published editions
- Crown copyright
- 26 Crown copyright
- 27 No copyright in certain works
- 28 Copyright vesting in certain international organisations
- Part 2 Infringement of copyright
- Primary infringement of copyright
- 29 Infringement of copyright
- 30 Infringement by copying
- 31 Infringement by issue of copies to public
- 32 Infringement by performance or playing or showing in public
- 33 Infringement by communicating to public
- 34 Infringement by making adaptation or act done in relation to adaptation
- Secondary infringement of copyright
- 35 Infringement by importation
- 36 Possessing or dealing with infringing copy
- 37 Providing means for making infringing copies
- 38 Permitting use of premises for infringing performance
- 39 Provision of apparatus for infringing performance, etc
- Part 3 Acts permitted in relation to copyright works
- 40 Provisions to be construed independently
- 41 Incidental copying of copyright work
- 42 Criticism, review, and news reporting
- 43 Research or private study
- 43A Transient reproduction of work
- 44 Copying for educational purposes of literary, dramatic,musical or artistic works or typographical arrangements
- 44A Storing copies for educational purposes
- 45 Copying for educational purposes of films and sound recordings
- 46 Anthologies for educational use
- 47 Performing, playing, or showing work in course of activities of educational establishment
- 48 Copying and communication of communication work for educational purposes
- 49 Things done for purposes of examination
- Libraries and archives
- 50 Interpretation
- 51 Copying by librarians of parts of published works
- 52 Copying by librarians of articles in periodicals
- 53 Copying by librarians for users of other libraries
- 54 Copying by librarians for collections of other libraries
- 55 Copying by librarians or archivists to replace copies of works
- 56 Copying by librarians or archivists of certain unpublished works
- 56A Library or archive may communicate digital copy to authenticated users
- 56B Additional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56
- 56C Additional condition for making digital copies under section 53 or 54
- 57 Playing or showing sound recordings or films
- Public administration
- 58 Copying by Parliamentary Library for members of Parliament
- 59 Parliamentary and judicial proceedings
- 60 Royal commissions and statutory inquiries
- 61 Material open to public inspection or on official register
- 62 Material communicated to the Crown in course of public business
- 63 Use of copyright material for services of the Crown
- 64 Rights of third parties in respect of Crown use
- 65 Proceedings against the Crown
- 66 Acts done under statutory authority
- Literary, dramatic, musical, or artistic works
- 67 Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works
- 68 Use of recording of spoken words in certain cases
- 69 Provision of Braille copies of literary or dramatic works
- 70 Public reading or recitation
- 71 Abstracts of scientific or technical articles
- 72 Recordings of folk songs
- 73 Representation of certain artistic works on public display
- 74 Special exception from protection of literary or artistic works
- 75 Special exception from protection of artistic work that has been applied industrially
- 76 Special exception from protection of literary and artistic works relating to medicines
- 77 Making of subsequent works by same artist
- 78 Reconstruction of buildings
- Computer programs, sound recordings, and films
- 79 Rental by educational establishments and libraries
- 80 Back-up copy of computer program
- 80A Decompilation of computer program
- 80B Copying or adapting computer program if necessary for lawful use
- 80C Observing, studying, or testing of computer program
- 80D Certain contractual terms relating to use of computer programs have no effect
- 81 Playing of sound recordings for purposes of club, society,etc
- 81A Copying sound recording for personal use
- 82 Recording for purposes of maintaining standards in programmes
- 83 Recording for purposes of complaining
- 84 Recording for purposes of time shifting
- 85 Incidental recording for purposes of communication
- 86 Photographs of television broadcasts or cable programmes
- 87 Free public playing or showing of broadcast or cableprogramme
- 88 Reception and retransmission of broadcast in cable programme service
- 89 Provision of subtitled copies of communication work
- 90 Recording for archival purposes
- 91 Recording by media monitors
- Adaptations
- 92 Adaptations
- Internet service provider liability
- 92A Internet service provider must have policy for terminating accounts of repeat infringers
- 92B Internet service provider liability if user infringes copyright
- 92C Internet service provider liability for storing infringing material
- 92D Requirements for notice of infringement
- 92E Internet service provider does not infringe copyright by caching infringing material
- Subsequent dealings
- 93 Subsequent dealings with copies made under this Part
- Part 4 Moral rights
- Right to be identified as author or director
- 94 Right to be identified as author or director
- 95 Content of right to be identified
- 96 Right must be asserted
- 97 Exceptions to right to be identified
- Right to object to derogatory treatment of work
- 98 Right to object to derogatory treatment of work
- 99 Content of right to object to derogatory treatment
- 100 Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work
- 101 Exceptions to right to object to derogatory treatment of films
- False attribution
- 102 False attribution of identity of author or director
- 103 False representation as to literary, dramatic, or musical work
- 104 False representations as to artistic work
- Right to privacy of certain photographs and films
- 105 Right to privacy of certain photographs and films
- Supplementary provisions
- 106 Duration of rights
- 107 Consent and waiver of rights
- 108 Application of provisions to joint works other than films
- 109 Application of provisions to joint works that are films
- 110 Application of provisions to parts of works
- Part 5 Dealing with rights in copyright works
- Licences to deal with copyright works
- 111 Licences
- 112 Warranty implied in certain licences
- 112A Damages for falsely claiming copyright ownership or licence
- 112B Provisions of sections 112 and 112A to have effect no matter what licence says
- Transmission of copyright
- 113 Transmission of copyright
- 114 Assignment
- 115 Copyright to pass under will with unpublished works
- 116 Future copyright
- 117 Right to make conditions in respect of certain unpublished works
- Moral rights
- 118 Moral rights not assignable
- 119 Transmission of moral rights on death
- Part 6 Remedies for infringement
- Rights and remedies of copyright owner
- 120 Infringement actionable by copyright owner
- 121 Provisions as to damages in infringement proceedings
- 122 Order for delivery up in civil proceedings
- Rights and remedies of exclusive licensee
- 123 Rights and remedies of exclusive licensee
- 124 Exercise of concurrent rights
- Rights and remedies in relation to moral rights
- 125 Infringement of moral rights actionable
- Presumptions
- 126 Presumptions relevant to literary, dramatic, musical, or artistic works
- 127 Presumptions relevant to certain artistic works
- 128 Presumptions relevant to computer programs, sound recordings, and films
- 129 Presumptions relevant to works subject to Crown copyright
- 130 Unjustified proceedings
- Offences
- 131 Criminal liability for making or dealing with infringing objects
- 131A Time for laying information
- 132 Order for delivery up in criminal proceedings
- 133 Liability of officers of body corporate
- 133A Evidence in proceedings
- Disposal of infringing copy or other object
- 134 Order as to disposal of infringing copy or other object
- Part 7 Border protection measures
- 135 Definitions
- 136 Notice may be given to chief executive
- 137 Determination whether item is pirated copy
- 138 Limitations on requirement to supply information
- 139 Notice of determination
- 140 Detention of pirated copy
- 141 Proceedings
- 141A Forfeiture of goods by consent
- 142 Powers of court
- 143 Inspection of item
- 144 Notice of parallel import may be given to chief executive
- 145 Delegation of powers, duties, and functions
- 146 Protection of persons acting under authority of Act
- Part 8 Copyright licensing
- 147 Works of more than 1 author
- References and applications with respect to licensing schemes
- 148 Licensing schemes to which sections 149 to 155 apply
- References with respect to licensing schemes
- 149 Reference of proposed licensing scheme to Tribunal
- 150 Reference of licensing scheme to Tribunal
- 151 Further reference of scheme to Tribunal
- 152 Effect of order of Tribunal made on reference
- Applications with respect to licensing schemes
- 153 Application for grant of licence in connection with licensing scheme
- 154 Application for review of order as to entitlement to licence
- 155 Effect of order of Tribunal made on application
- References and applications with respect to licensing by licensing bodies
- 156 Licences to which sections 157 to 160 apply
- 157 Reference to Tribunal of proposed licence
- 158 Reference to Tribunal of expiring licence
- 159 Application for review of order as to licence
- 160 Effect of order of Tribunal as to licence
- Factors to be taken into account in certain classes of cases
- 161 Unreasonable discrimination
- 162 Licences for reprographic copying
- 163 Licences for educational establishments in respect of works included in communication works
- 164 Licences to reflect conditions imposed by promoters of events
- 165 Licences to reflect payments in respect of under lying rights
- 166 Licences in respect of works included in retransmissions
- Implied indemnity in schemes or licences for reprographic copying
- 168 Determination of equitable remuneration
- Part 9 Performers’ rights
- 169 Interpretation
- 170 Application
- Performers’ rights
- 171 Consent required for recording or live transmission of performance
- 172 Infringement by use of recording made without performer’s consent
- 173 Copying of recordings
- 174 Infringement by importing, possessing, or dealing with illicit recording
- Acts permitted in relation to performances
- 175 Incidental copying of performance or recording
- 175A Transient reproduction of recording of performance
- 176 Permitted acts in relation to performances, criticism, reviews, and news reporting
- 177 Things done for purposes of instruction or examination
- 178 Playing or showing sound recording, film, or communication work at educational establishment
- 179 Recording of communication works by educational establishment
- 180 Subsequent dealings
- 181 Parliamentary and judicial proceedings
- 182 Royal commissions and statutory inquiries
- 183 Acts done under statutory authority
- 184 Use of recordings of spoken works in certain cases
- 185 Recordings of folk songs
- 186 Playing of sound recordings for purposes of club, society,etc
- 187 Incidental recording for purposes of communication work
- 188 Free public playing or showing of broadcast or cable programme
- 189 Reception and retransmission of broadcast in cable programme service
- 190 Provision of subtitled copies of communication work
- 191 Recording of communication work for archival purposes
- 192 Power of Tribunal to give consent on behalf of performer
- Duration and transmission of rights
- 193 Duration of rights
- 194 Transmission of rights
- Consent
- 195 Consent
- Remedies for infringement
- 196 Proceedings for infringement of performers’ rights
- 197 Order for delivery up in civil proceedings
- Offences
- 198 Criminal liability for making, dealing with, using, or copying illicit recordings
- 199 Order for delivery up in criminal proceedings
- 200 False representation of authority to give consent
- 201 Liability of officers of body corporate
- 202 Order as to disposal of illicit recording
- Application to foreign countries
- 203 Application of this Part to convention countries
- 204 Application of Part 9 to other entities
- Part 10 Copyright Tribunal
- Constitution
- 205 Copyright Tribunal
- 206 Membership of Tribunal
- 207 Term of office of members of Tribunal
- 208 Vacation of office
- 209 Deputies of members
- 210 Remuneration and travelling allowances
- Jurisdiction and procedure
- 211 Jurisdiction of Tribunal
- 212 Parties to proceedings
- 213 Sittings of Tribunal
- 214 Procedure of Tribunal
- 215 Evidence in proceedings before Tribunal
- 216 Witness summons
- 217 Service of summons
- 218 Witnesses’ allowances
- 219 Privileges and immunities
- 220 Non-attendance or refusal to co-operate
- 221 Contempt of Tribunal
- 222 Costs
- 223 Stating case for High Court
- 224 Appeal on question of law
- Part 11 Miscellaneous provisions
- 225 Rights and privileges under other enactments or common law
- Technological protection measures
- 226 Definitions of TPM terms
- 226A Prohibited conduct in relation to technological protection measure
- 226B Rights of issuer of TPM work
- 226C Offence of contravening section 226A
- 226D When rights of issuer of TPM work do not apply
- 226E User’s options if prevented from exercising permitted act by TPM
- Copyright management information
- 226F Meaning of copyright management information
- 226G Interference with CMI prohibited
- 226H Commercial dealing in work subject to CMI interference
- 226I Contravention of section 226G or 226H
- 226J Offence of dealing in work subject to CMI interference
- 227 Offence of fraudulently receiving programmes
- 228 Rights and remedies in respect of apparatus, etc, forunauthorised reception of transmissions
- 228 Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions
- Other countries
- 229 Supplementary provisions as to fraudulent reception
- 230 Application to convention countries
- 231 Expenditure or liability incurred in connection with copyright work
- 232 Application of Act (other than Part 9) to other entities
- 233 Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works
- 234 Regulations
- Transitional provisions and savings
- 235 Transitional provisions and savings
- 236 Consequential amendments and repeals
- Schedule 1 Transitional provisions and savings
- 1 Interpretation
- 2 Continuity of the law
- 3 Copyright under new copyright provisions in works in which copyright exists at commencement
- 4 Application of new copyright provisions to works in which copyright exists at commencement
- 5 Works may qualify under new copyright provisions
- 6 No copyright under new copyright provisions in certain works
- Interpretation provisions
- 7 Meaning of author
- 8 Meaning of issue to the public
- 9 Meaning of publication
- 10 Meaning of infringing copy
- Description of copyright
- 11 Soundtracks to be treated as sound recordings
- 12 Films
- Acts restricted by copyright
- 13 Certain dramatic or musical works published before1 April 1914
- Ownership of copyright
- 14 First ownership
- 15 Certain literary works made before 1 April 1963
- 16 Certain literary works published before 1 April 1914
- Duration of copyright
- 17 Duration of copyright in works generally
- 18 Duration of copyright in certain works made on or after1 April 1963 and before commencement
- 19 Duration of copyright in certain works made before 1 April 1963
- Crown copyright
- 20 Crown copyright
- Infringement of copyright
- 21 Acts done before commencement
- 22 Acts done after commencement
- 23 Infringement by issue of copies to public
- 24 Importing infringing copy
- Acts permitted in relation to copyright works
- 25 Incidental copying of copyright work
- 26 Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works
- 27 Representation of certain artistic works on public display
- Special exceptions from protection of artistic works that have been applied industrially
- 28 Artistic works made before 1 April 1963
- 29 Literary and artistic works made on or after 1 April 1963
- 30 Models made before the commencement of the 1985 Amendment
- 31 Reconstruction of buildings
- 32 Incidental recording for purposes of broadcast or cable programme
- Moral rights
- 33 Moral rights
- 34 Application of moral rights
- 35 Right to privacy of certain photographs and films
- 35 Right to privacy of certain photographs and films
- Dealing with rights in copyright works
- 36 Licences
- 37 Documents or events before commencement
- 38 Certain assignments or licences on or after 1 April 1914 and before 1 April 1963
- 39 Assignments or grants made before 1 April 1914
- 40 Copyright to pass under will with unpublished works
- Remedies for infringement
- 41 Remedies for infringement
- Effect of notices given under section 22 or section 29 of the Copyright Act 1962
- 42 Records of musical works
- 43 Notice may be given to chief executive of New Zealand Customs Service
- Schedule 2 Enactments amended
- Antiquities Act 1975 (1975 No 41) (RS Vol 26, p 31)
- Archives Act 1957 (1957 No 13) (RS Vol 1, p 127)
- Commerce Act 1986 (1986 No 5) (RS Vol 31, p 71)
- Disputes Tribunals Act 1988 (1988 No 110)
- Enemy Property Act 1951 (1951 No 48) (RS Vol 6, p 317)
- Films, Videos, and Publications Classification Act 1993 (1993 No 94)
- Layout Designs Act 1994 (1994 No 116)
- Ministry of Agriculture and Fisheries Act 1953 (1953 No 7) (RSVol 18, p 509)
- National Library Act 1965 (1965 No 136) (RS Vol 11, p 225)
- Public Works Act 1981 (1981 No 35)
- Survey Act 1986 (1986 No 123)
- Schedule 3 Enactments repealed
- Broadcasting Act 1989 (1989 No 25)
- Copyright Act 1962 (1962 No 33)
- Copyright Amendment Act 1967 (1967 No 65)
- Copyright Amendment Act 1971 (1971 No 91)
- Copyright Amendment Act 1985 (1985 No 134)
- Copyright Amendment Act 1986 (1986 No 81)
- Copyright Amendment Act 1989 (1989 No 112)
- Copyright Amendment Act 1990 (1990 No 71)
- Decimal Currency Act 1964 (1964 No 27)
- Summary Proceedings Act 1957 (1957 No 87)
- Schedule 4 Regulations revoked
- Copyright Amending Regulations 1946 (SR 1946/142)
- Copyright Amending Regulations 1955 (SR 1955/45)
- Copyright (Customs) Regulations 1963 (SR 1963/85)
- Copyright (International Conventions) Order 1964 (SR 1964/53)
- Copyright (International Conventions) Order 1964,Amendment No 1 (SR 1979/64)
- Copyright (Record Royalties) Regulations 1963 (SR 1963/84)
- Copyright Regulations 1913 (Gazette Vol I 1914, p 1325)
- Works the Importation of which is prohibited under the Copyright Act 1913 (Gazette Vol I 1925, p 16)
- Copyright Amendment Act 1999
- Copyright (New Technologies) Amendment Act 2008 Commencement Order (No 2) 2008
- Contents
- Notes
Reprint as at 7 July 2010
Copyright Act 1994
Public Act 1994 No 143 Date of assent 15 December 1994 Commencement see section 1(2) Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
This Act is administered by the Ministry of Economic Development.
Part 1 Description, ownership, and duration of copyright
14 Copyright in original works 31 15 Recording necessary for some works 32 16 Acts restricted by copyright 32
17 Qualification for copyright 32 18 Qualification by reference to author 33 19 Qualification by reference to country of first publication 34 20 Qualification by reference to origin of communication 34 work
21 First ownership of copyright 34
22 Duration of copyright in literary, dramatic, musical, or 35 artistic works 23 Duration of copyright in sound recordings and films 36 24 Duration of copyright in communication works 37 25 Duration of copyright in typographical arrangement of 37 published editions
26 Crown copyright 37 27 No copyright in certain works 38 28 Copyright vesting in certain international organisations 39
Part 2 Infringement of copyright
Primary infringement of copyright
29 Infringement of copyright 40 30 Infringement by copying 41 31 Infringement by issue of copies to public 41 32 Infringement by performance or playing or showing in 41 public 33 Infringement by communicating to public 42 34 Infringement by making adaptation or act done in relation 42 to adaptation
Secondary infringement of copyright
35 Infringement by importation 42
2
36 Possessing or dealing with infringing copy 44 37 Providing means for making infringing copies 44 38 Permitting use of premises for infringing performance 45 39 Provision of apparatus for infringing performance, etc 45
Part 3 Acts permitted in relation to copyright works
40 Provisions to be construed independently 46 41 Incidental copying of copyright work 46 42 Criticism, review, and news reporting 47 43 Research or private study 47 43A Transient reproduction of work 48
44 Copying for educational purposes of literary, dramatic, 49 musical or artistic works or typographical arrangements 44A Storing copies for educational purposes 51 45 Copying for educational purposes of films and sound 52 recordings 46 Anthologies for educational use 53 47 Performing, playing, or showing work in course of 54 activities of educational establishment 48 Copying and communication of communication work for 54 educational purposes 49 Things done for purposes of examination 56
50 Interpretation 56 51 Copying by librarians of parts of published works 57 52 Copying by librarians of articles in periodicals 58 53 Copying by librarians for users of other libraries 59 54 Copying by librarians for collections of other libraries 60 55 Copying by librarians or archivists to replace copies of 61 works 56 Copying by librarians or archivists of certain unpublished 62 works 56A Library or archive may communicate digital copy to 63 authenticated users 56B Additionalconditionsforsupplyofcopyofworkindigital 64 formatbylibrarianorarchivistundersection51,52,or56 56C Additional condition for making digital copies under 64 section 53 or 54 57 Playing or showing sound recordings or films 64
58 Copying by Parliamentary Library for members of 65 Parliament 59 Parliamentary and judicial proceedings 66 60 Royal commissions and statutory inquiries 66 61 Materialopentopublicinspectionoronofficialregister 66 62 Material communicated to the Crown in course of public 68 business 63 Use of copyright material for services of the Crown 68 64 Rights of third parties in respect of Crown use 69 65 Proceedings against the Crown 70 66 Acts done under statutory authority 70
Literary, dramatic, musical, or artistic works
67 Actspermittedonassumptionsastoexpiryofcopyrightor 70 deathofauthorinrelationtoanonymousorpseudonymous works 68 Use of recording of spoken words in certain cases 71 69 ProvisionofBraillecopiesofliteraryordramaticworks 72 70 Public reading or recitation 73 71 Abstracts of scientific or technical articles 73 72 Recordings of folk songs 74 73 Representation of certain artistic works on public display 74 74 Special exception from protection of literary or artistic 75 works 75 Special exception from protection of artistic work that 76 has been applied industrially 76 Special exception from protection of literary and artistic 77 works relating to medicines 77 Making of subsequent works by same artist 77 78 Reconstruction of buildings 78
Computer programs, sound recordings, and films
79 Rental by educational establishments and libraries 78 80 Back-up copy of computer program 78 80A Decompilation of computer program 79 80B Copying or adapting computer program if necessary for 80 lawful use 80C Observing, studying, or testing of computer program 81 80D Certain contractual terms relating to use of computer 81 programs have no effect 81 Playing of sound recordings for purposes of club, society, 81 etc
Right to object to derogatory treatment of work
98 Right to object to derogatory treatment of work 102 99 Content of right to object to derogatory treatment 103 100 Exceptions to right to object to derogatory treatment of 105 literary, dramatic, musical, or artistic work 101 Exceptions to right to object to derogatory treatment of 107 films
102 False attribution of identity of author or director 108 103 False representation as to literary, dramatic, or musical 110 work 104 False representations as to artistic work 111
Right to privacy of certain photographs and films
105 Right to privacy of certain photographs and films 112
106 Duration of rights 113 107 Consent and waiver of rights 114 108 Application of provisions to joint works other than films 114 109 Application of provisions to joint works that are films 115 110 Application of provisions to parts of works 116
Part 5 Dealing with rights in copyright works
Licences to deal with copyright works
111 Licences 117 112 Warranty implied in certain licences 117 112A Damages for falsely claiming copyright ownership or 118 licence 112B Provisions of sections 112 and 112A to have effect no 118 matter what licence says
113 Transmission of copyright 118 114 Assignment 119 115 Copyright to pass under will with unpublished works 119 116 Future copyright 119 117 Righttomakeconditionsinrespectofcertainunpublished 120 works
118 Moral rights not assignable 121
6
119 Transmission of moral rights on death 121
Part 6 Remedies for infringement
Rights and remedies of copyright owner
120 Infringement actionable by copyright owner 122 121 Provisions as to damages in infringement proceedings 122 122 Order for delivery up in civil proceedings 123
Rights and remedies of exclusive licensee
123 Rights and remedies of exclusive licensee 124 124 Exercise of concurrent rights 124
Rights and remedies in relation to moral rights
125 Infringement of moral rights actionable 125
126 Presumptions relevant to literary, dramatic, musical, or 126 artistic works 127 Presumptions relevant to certain artistic works 127 128 Presumptions relevant to computer programs, sound 128 recordings, and films 129 Presumptions relevant to works subject to Crown 129 copyright 130 Unjustified proceedings 129
131 Criminal liability for making or dealing with infringing 130 objects 131A Time for laying information 132 132 Order for delivery up in criminal proceedings 132 133 Liability of officers of body corporate 133 133A Evidence in proceedings 134
Disposal of infringing copy or other object
134 Order as to disposal of infringing copy or other object 134
Part 7 Border protection measures
135 Definitions 135 136 Notice may be given to chief executive 136 137 Determination whether item is pirated copy 138 138 Limitations on requirement to supply information 138 139 Notice of determination 139 140 Detention of pirated copy 140
7
141 Proceedings 141 141A Forfeiture of goods by consent 142 142 Powers of court 142 143 Inspection of item 143 144 Notice of parallel import may be given to chief 143 executive[Repealed] 145 Delegation of powers, duties, and functions 143 146 Protection of persons acting under authority of Act 144
147 Works of more than 1 author 145
References and applications with respect to licensing schemes
148 Licensing schemes to which sections 149 to 155 apply 145
References with respect to licensing schemes
149 Reference of proposed licensing scheme to Tribunal 146 150 Reference of licensing scheme to Tribunal 147 151 Further reference of scheme to Tribunal 147 152 Effect of order of Tribunal made on reference 148
Applications with respect to licensing schemes
153 Application for grant of licence in connection with 149 licensing scheme 154 Applicationforreviewoforderastoentitlementtolicence 150 155 Effect of order of Tribunal made on application 151
References and applications with respect to licensing by licensing bodies
156 Licences to which sections 157 to 160 apply 151 157 Reference to Tribunal of proposed licence 152 158 Reference to Tribunal of expiring licence 152 159 Application for review of order as to licence 153 160 Effect of order of Tribunal as to licence 154
Factors to be taken into account in certain classes of cases
161 Unreasonable discrimination 155 162 Licences for reprographic copying 155 163 Licences for educational establishments in respect of 155 works included in communication works 164 Licences to reflect conditions imposed by promoters of 156 events
165 Licences to reflect payments in respect of underlying 156 rights 166 Licencesinrespectofworksincludedinretransmissions 157
Implied indemnity in schemes or licences for reprographic copying
167 Implied indemnity in certain schemes and licences for 158 reprographic copying 168 Determination of equitable remuneration 159
169 Interpretation 160 170 Application 163
171 Consent required for recording or live transmission of 164 performance 172 Infringement by use of recording made without 164 performer’s consent 173 Copying of recordings 165 174 Infringement by importing, possessing, or dealing with 165 illicit recording
Acts permitted in relation to performances
175 Incidental copying of performance or recording 166 175A Transient reproduction of recording of performance 167 176 Permitted acts in relation to performances, criticism, 167 reviews, and news reporting 177 Things done for purposes of instruction or examination 167 178 Playing or showing sound recording, film, or 168 communication work at educational establishment 179 Recording of communication works by educational 168 establishment 180 Subsequent dealings 169 181 Parliamentary and judicial proceedings 169 182 Royal commissions and statutory inquiries 169 183 Acts done under statutory authority 170 184 Use of recordings of spoken works in certain cases 170 185 Recordings of folk songs 171 186 Playing of sound recordings for purposes of club, society, 171 etc 187 Incidentalrecordingforpurposesofcommunicationwork 172
188 Free public playing or showing of broadcast or cable 172 programme 189 Reception and retransmission of broadcast in cable 175 programme service[Repealed] 190 Provision of subtitled copies of communication work 175 191 Recording of communication work for archival purposes 175 192 PowerofTribunaltogiveconsentonbehalfofperformer 175
Duration and transmission of rights
193 Duration of rights 177 194 Transmission of rights 177
196 Proceedings for infringement of performers’ rights 178 197 Order for delivery up in civil proceedings 178
198 Criminal liability for making, dealing with, using, or 179 copying illicit recordings 199 Order for delivery up in criminal proceedings 181 200 False representation of authority to give consent 181 201 Liability of officers of body corporate 182 202 Order as to disposal of illicit recording 182
Application to foreign countries 203 ApplicationofthisParttoconventioncountries[Repealed] 183 204 Application of Part 9 to other entities 183
205 Copyright Tribunal 184 206 Membership of Tribunal 184 207 Term of office of members of Tribunal 185 208 Vacation of office 185 209 Deputies of members 186 210 Remuneration and travelling allowances 186
211 Jurisdiction of Tribunal 186 212 Parties to proceedings 187 213 Sittings of Tribunal 187
10
214 Procedure of Tribunal 188 215 Evidence in proceedings before Tribunal 188 216 Witness summons 189 217 Service of summons 189 218 Witnesses’ allowances 190 219 Privileges and immunities 190 220 Non-attendance or refusal to co-operate 191 221 Contempt of Tribunal 191 222 Costs 192 223 Stating case for High Court 192 224 Appeal on question of law 193
Part 11 Miscellaneous provisions
225 Rights and privileges under other enactments or common 193 law
Technological protection measures
226 Definitions of TPM terms 194 226A Prohibited conduct in relation to technological protection 194
measure 226B Rights of issuer of TPM work 195 226C Offence of contravening section 226A 195 226D When rights of issuer of TPM work do not apply 196 226E User’s options if prevented from exercising permitted act 197
Copyright management information
226F Meaning of copyright management information 198 226G Interference with CMI prohibited 199 226H CommercialdealinginworksubjecttoCMIinterference 199 226I Contravention of section 226G or 226H 200 226J Offence of dealing in work subject to CMI interference 200 227 Offence of fraudulently receiving programmes 200 228 Rights and remedies in respect of apparatus, etc, for 201
unauthorised reception of transmissions
229 Supplementary provisions as to fraudulent reception 202 230 Application to convention countries 202 231 Expenditure or liability incurred in connection with 204
copyright work 232 Application of Act (other than Part 9) to other entities 204
233 Denial of copyright to persons connected with countries 206 not giving adequate protection to New Zealand works
Transitional provisions and savings
235 Transitional provisions and savings 209 236 Consequential amendments and repeals 209
Schedule 1 210 Transitional provisions and savings
Schedule 2 233 Enactments amended
Schedule 3 234 Enactments repealed
Schedule 4 235 Regulations revoked
An Act to consolidate and amend the law relating to copyright
1 Short Title and commencement
- (1)
- This Act may be cited as the Copyright Act 1994.
- (2)
- Exceptasprovidedin sections27(2) and 144(5) ,thisActshall come into force on 1 January 1995.
2 Interpretation
(1) In this Act, unless the context otherwise requires,— adaptation,—
(a) in relation to a literary or dramatic work, includes— - (i)
- a translation of the work from one language to another:
- (ii)
- a version of a dramatic work in which it is convertedintoaliteraryworkor,asthecasemaybe, of a literary work in which it is converted into a dramatic work:
(iii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine, or similar periodical: - (b)
- inrelationtoaliteraryworkthatisacomputerprogram, includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code, otherwise
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
Part 1 Description, ownership, and duration of copyright
14 Copyright in original works 31 15 Recording necessary for some works 32 16 Acts restricted by copyright 32
17 Qualification for copyright 32 18 Qualification by reference to author 33 19 Qualification by reference to country of first publication 34 20 Qualification by reference to origin of communication 34 work
21 First ownership of copyright 34
22 Duration of copyright in literary, dramatic, musical, or 35 artistic works 23 Duration of copyright in sound recordings and films 36 24 Duration of copyright in communication works 37 25 Duration of copyright in typographical arrangement of 37 published editions
26 Crown copyright 37 27 No copyright in certain works 38 28 Copyright vesting in certain international organisations 39
Part 2 Infringement of copyright
Primary infringement of copyright
29 Infringement of copyright 40 30 Infringement by copying 41 31 Infringement by issue of copies to public 41 32 Infringement by performance or playing or showing in 41 public 33 Infringement by communicating to public 42 34 Infringement by making adaptation or act done in relation 42 to adaptation
Secondary infringement of copyright
35 Infringement by importation 42
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36 Possessing or dealing with infringing copy 44 37 Providing means for making infringing copies 44 38 Permitting use of premises for infringing performance 45 39 Provision of apparatus for infringing performance, etc 45
Part 3 Acts permitted in relation to copyright works
40 Provisions to be construed independently 46 41 Incidental copying of copyright work 46 42 Criticism, review, and news reporting 47 43 Research or private study 47 43A Transient reproduction of work 48
44 Copying for educational purposes of literary, dramatic, 49 musical or artistic works or typographical arrangements 44A Storing copies for educational purposes 51 45 Copying for educational purposes of films and sound 52 recordings 46 Anthologies for educational use 53 47 Performing, playing, or showing work in course of 54 activities of educational establishment 48 Copying and communication of communication work for 54 educational purposes 49 Things done for purposes of examination 56
50 Interpretation 56 51 Copying by librarians of parts of published works 57 52 Copying by librarians of articles in periodicals 58 53 Copying by librarians for users of other libraries 59 54 Copying by librarians for collections of other libraries 60 55 Copying by librarians or archivists to replace copies of 61 works 56 Copying by librarians or archivists of certain unpublished 62 works 56A Library or archive may communicate digital copy to 63 authenticated users 56B Additionalconditionsforsupplyofcopyofworkindigital 64 formatbylibrarianorarchivistundersection51,52,or56 56C Additional condition for making digital copies under 64 section 53 or 54 57 Playing or showing sound recordings or films 64
58 Copying by Parliamentary Library for members of 65 Parliament 59 Parliamentary and judicial proceedings 66 60 Royal commissions and statutory inquiries 66 61 Materialopentopublicinspectionoronofficialregister 66 62 Material communicated to the Crown in course of public 68 business 63 Use of copyright material for services of the Crown 68 64 Rights of third parties in respect of Crown use 69 65 Proceedings against the Crown 70 66 Acts done under statutory authority 70
Literary, dramatic, musical, or artistic works
67 Actspermittedonassumptionsastoexpiryofcopyrightor 70 deathofauthorinrelationtoanonymousorpseudonymous works 68 Use of recording of spoken words in certain cases 71 69 ProvisionofBraillecopiesofliteraryordramaticworks 72 70 Public reading or recitation 73 71 Abstracts of scientific or technical articles 73 72 Recordings of folk songs 74 73 Representation of certain artistic works on public display 74 74 Special exception from protection of literary or artistic 75 works 75 Special exception from protection of artistic work that 76 has been applied industrially 76 Special exception from protection of literary and artistic 77 works relating to medicines 77 Making of subsequent works by same artist 77 78 Reconstruction of buildings 78
Computer programs, sound recordings, and films
79 Rental by educational establishments and libraries 78 80 Back-up copy of computer program 78 80A Decompilation of computer program 79 80B Copying or adapting computer program if necessary for 80 lawful use 80C Observing, studying, or testing of computer program 81 80D Certain contractual terms relating to use of computer 81 programs have no effect 81 Playing of sound recordings for purposes of club, society, 81 etc Right to object to derogatory treatment of work
98 Right to object to derogatory treatment of work 102 99 Content of right to object to derogatory treatment 103 100 Exceptions to right to object to derogatory treatment of 105 literary, dramatic, musical, or artistic work 101 Exceptions to right to object to derogatory treatment of 107 films
102 False attribution of identity of author or director 108 103 False representation as to literary, dramatic, or musical 110 work 104 False representations as to artistic work 111
Right to privacy of certain photographs and films
105 Right to privacy of certain photographs and films 112
106 Duration of rights 113 107 Consent and waiver of rights 114 108 Application of provisions to joint works other than films 114 109 Application of provisions to joint works that are films 115 110 Application of provisions to parts of works 116
Part 5 Dealing with rights in copyright works
Licences to deal with copyright works
111 Licences 117 112 Warranty implied in certain licences 117 112A Damages for falsely claiming copyright ownership or 118 licence 112B Provisions of sections 112 and 112A to have effect no 118 matter what licence says
113 Transmission of copyright 118 114 Assignment 119 115 Copyright to pass under will with unpublished works 119 116 Future copyright 119 117 Righttomakeconditionsinrespectofcertainunpublished 120 works
118 Moral rights not assignable 121
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119 Transmission of moral rights on death 121
Part 6 Remedies for infringement
Rights and remedies of copyright owner
120 Infringement actionable by copyright owner 122 121 Provisions as to damages in infringement proceedings 122 122 Order for delivery up in civil proceedings 123
Rights and remedies of exclusive licensee
123 Rights and remedies of exclusive licensee 124 124 Exercise of concurrent rights 124
Rights and remedies in relation to moral rights
125 Infringement of moral rights actionable 125
126 Presumptions relevant to literary, dramatic, musical, or 126 artistic works 127 Presumptions relevant to certain artistic works 127 128 Presumptions relevant to computer programs, sound 128 recordings, and films 129 Presumptions relevant to works subject to Crown 129 copyright 130 Unjustified proceedings 129
131 Criminal liability for making or dealing with infringing 130 objects 131A Time for laying information 132 132 Order for delivery up in criminal proceedings 132 133 Liability of officers of body corporate 133 133A Evidence in proceedings 134
Disposal of infringing copy or other object
134 Order as to disposal of infringing copy or other object 134
Part 7 Border protection measures
135 Definitions 135 136 Notice may be given to chief executive 136 137 Determination whether item is pirated copy 138 138 Limitations on requirement to supply information 138 139 Notice of determination 139 140 Detention of pirated copy 140
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141 Proceedings 141 141A Forfeiture of goods by consent 142 142 Powers of court 142 143 Inspection of item 143 144 Notice of parallel import may be given to chief 143 executive[Repealed] 145 Delegation of powers, duties, and functions 143 146 Protection of persons acting under authority of Act 144
147 Works of more than 1 author 145
References and applications with respect to licensing schemes
148 Licensing schemes to which sections 149 to 155 apply 145
References with respect to licensing schemes
149 Reference of proposed licensing scheme to Tribunal 146 150 Reference of licensing scheme to Tribunal 147 151 Further reference of scheme to Tribunal 147 152 Effect of order of Tribunal made on reference 148
Applications with respect to licensing schemes
153 Application for grant of licence in connection with 149 licensing scheme 154 Applicationforreviewoforderastoentitlementtolicence 150 155 Effect of order of Tribunal made on application 151
References and applications with respect to licensing by licensing bodies
156 Licences to which sections 157 to 160 apply 151 157 Reference to Tribunal of proposed licence 152 158 Reference to Tribunal of expiring licence 152 159 Application for review of order as to licence 153 160 Effect of order of Tribunal as to licence 154
Factors to be taken into account in certain classes of cases
161 Unreasonable discrimination 155 162 Licences for reprographic copying 155 163 Licences for educational establishments in respect of 155 works included in communication works 164 Licences to reflect conditions imposed by promoters of 156 events
165 Licences to reflect payments in respect of underlying 156 rights 166 Licencesinrespectofworksincludedinretransmissions 157
Implied indemnity in schemes or licences for reprographic copying
167 Implied indemnity in certain schemes and licences for 158 reprographic copying 168 Determination of equitable remuneration 159
169 Interpretation 160 170 Application 163
171 Consent required for recording or live transmission of 164 performance 172 Infringement by use of recording made without 164 performer’s consent 173 Copying of recordings 165 174 Infringement by importing, possessing, or dealing with 165 illicit recording
Acts permitted in relation to performances
175 Incidental copying of performance or recording 166 175A Transient reproduction of recording of performance 167 176 Permitted acts in relation to performances, criticism, 167 reviews, and news reporting 177 Things done for purposes of instruction or examination 167 178 Playing or showing sound recording, film, or 168 communication work at educational establishment 179 Recording of communication works by educational 168 establishment 180 Subsequent dealings 169 181 Parliamentary and judicial proceedings 169 182 Royal commissions and statutory inquiries 169 183 Acts done under statutory authority 170 184 Use of recordings of spoken works in certain cases 170 185 Recordings of folk songs 171 186 Playing of sound recordings for purposes of club, society, 171 etc 187 Incidentalrecordingforpurposesofcommunicationwork 172
188 Free public playing or showing of broadcast or cable 172 programme 189 Reception and retransmission of broadcast in cable 175 programme service[Repealed] 190 Provision of subtitled copies of communication work 175 191 Recording of communication work for archival purposes 175 192 PowerofTribunaltogiveconsentonbehalfofperformer 175
Duration and transmission of rights
193 Duration of rights 177 194 Transmission of rights 177
196 Proceedings for infringement of performers’ rights 178 197 Order for delivery up in civil proceedings 178
198 Criminal liability for making, dealing with, using, or 179 copying illicit recordings 199 Order for delivery up in criminal proceedings 181 200 False representation of authority to give consent 181 201 Liability of officers of body corporate 182 202 Order as to disposal of illicit recording 182
Application to foreign countries 203 ApplicationofthisParttoconventioncountries[Repealed] 183 204 Application of Part 9 to other entities 183
205 Copyright Tribunal 184 206 Membership of Tribunal 184 207 Term of office of members of Tribunal 185 208 Vacation of office 185 209 Deputies of members 186 210 Remuneration and travelling allowances 186
211 Jurisdiction of Tribunal 186 212 Parties to proceedings 187 213 Sittings of Tribunal 187
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214 Procedure of Tribunal 188 215 Evidence in proceedings before Tribunal 188 216 Witness summons 189 217 Service of summons 189 218 Witnesses’ allowances 190 219 Privileges and immunities 190 220 Non-attendance or refusal to co-operate 191 221 Contempt of Tribunal 191 222 Costs 192 223 Stating case for High Court 192 224 Appeal on question of law 193
Part 11 Miscellaneous provisions
225 Rights and privileges under other enactments or common 193 law
Technological protection measures
226 Definitions of TPM terms 194 226A Prohibited conduct in relation to technological protection 194
measure 226B Rights of issuer of TPM work 195 226C Offence of contravening section 226A 195 226D When rights of issuer of TPM work do not apply 196 226E User’s options if prevented from exercising permitted act 197
Copyright management information
226F Meaning of copyright management information 198 226G Interference with CMI prohibited 199 226H CommercialdealinginworksubjecttoCMIinterference 199 226I Contravention of section 226G or 226H 200 226J Offence of dealing in work subject to CMI interference 200 227 Offence of fraudulently receiving programmes 200 228 Rights and remedies in respect of apparatus, etc, for 201
unauthorised reception of transmissions
229 Supplementary provisions as to fraudulent reception 202 230 Application to convention countries 202 231 Expenditure or liability incurred in connection with 204
copyright work 232 Application of Act (other than Part 9) to other entities 204
233 Denial of copyright to persons connected with countries 206 not giving adequate protection to New Zealand works
Transitional provisions and savings
235 Transitional provisions and savings 209 236 Consequential amendments and repeals 209
Schedule 1 210 Transitional provisions and savings
Schedule 2 233 Enactments amended
Schedule 3 234 Enactments repealed
Schedule 4 235 Regulations revoked
An Act to consolidate and amend the law relating to copyright
(1) In this Act, unless the context otherwise requires,— adaptation,—
(a) in relation to a literary or dramatic work, includes— (iii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine, or similar periodical: This Act is administered by the Ministry of Economic Development.
1 Short Title and commencement
2 Interpretation