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Закон «Об авторских правах» 1994 года (в редакции от 07.07.2010 г.), Новая Зеландия

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Подробности Подробности Год версии 2010 Даты вступление в силу: 1 января 1995 г. Принят: 15 декабря 1994 г. Тип текста Основное законодательство по ИС Предмет Авторское право и смежные права, Исполнение законов об ИС, Традиционные выражения культуры, Регулирующие органы в области ИС Примечания This reprint of the Copyright Act incorporates all the amendments to the Act as at July 7, 2010 (see Section 50(2) for the amendments introduced by the Copyright Amendment Act 2010 for further details).

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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)

Contents
Page
Title 12
1 Short Title and commencement 12
2 Interpretation 12
3 Associated definitions for communication works 24
4 Meaning of cable programme service, and associated 24
definitions[Repealed]
5 Meaning of author 24
6 Meaning of work of joint authorship 25
7 Meaning of unknown authorship 25
8 Meaning of copyright owner 26
9 Meaning of issue to the public 26
10 Meaning of publication 27
11 Meaning of commercial publication 29
12 Meaning of infringing copy 29
13 Act to bind the Crown 31
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

Description of copyright

14 Copyright in original works 31 15 Recording necessary for some works 32 16 Acts restricted by copyright 32

Qualification for copyright

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

Ownership of copyright

21 First ownership of copyright 34

Duration of copyright

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

Crown copyright

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

Education

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

Libraries and archives

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

Public administration

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

Reprinted as at7 July 2010 Copyright Act 1994
81A Copying sound recording for personal use 82
Communication works
82 Recording for purposes of maintaining standards in 83
programmes
83 Recording for purposes of complaining 83
84 Recording for purposes of time shifting 83
85 Incidental recording for purposes of communication 84
86 Photographs of television broadcasts or cable 86
programmes[Repealed]
87 Free public playing or showing of broadcast or cable 86
programme
88 Reception and retransmission of broadcast in cable 88
programme service
89 Provision of subtitled copies of communication work 89
90 Recording for archival purposes 89
91 Recording by media monitors 90
Adaptations
92 Adaptations 91
Internet service provider liability
92A Internet service provider must have policy for terminating 91
accounts of repeat infringers
92B Internet service provider liability if user infringes 92
copyright
92C Internet service provider liability for storing infringing 92
material
92D Requirements for notice of infringement 93
92E Internet service provider does not infringe copyright by 93
caching infringing material
Subsequent dealings
93 Subsequent dealings with copies made under this Part 94
Part 4
Moral rights
Right to be identified as author or director
94 Right to be identified as author or director 96
95 Content of right to be identified 98
96 Right must be asserted 99
97 Exceptions to right to be identified 101

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

False attribution

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

Supplementary provisions

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

Transmission of copyright

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

Moral rights

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

Presumptions

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

Offences

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

Part 8 Copyright licensing

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

Part 9 Performersrights

169 Interpretation 160 170 Application 163

Performersrights

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

Consent

195 Consent 177

Remedies for infringement

196 Proceedings for infringement of performersrights 178 197 Order for delivery up in civil proceedings 178

Offences

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

Part 10 Copyright Tribunal

Constitution

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

Jurisdiction and procedure

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 Witnessesallowances 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

by TPM

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

Other countries

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

234 Regulations 207

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 than incidentallyin the course of runningthe program:
(c)
inrelationtoamusicalwork,meansanarrangementor

transcription of the work Archives New Zealand has thesame meaningasin section 4 of the Public Records Act 2005

article,inrelationtoanarticleinaperiodical,includesanitem of any description artistic work

(a)
means
(i)
a graphic work, photograph, sculpture, collage, or model, irrespective of artistic quality; or
(ii)
a work of architecture, being a building or a model for a building; or
(iii) a work of artistic craftsmanship, not falling withinsubparagraph (i) or subparagraph (ii); but
(b)
doesnotincludealayoutdesignoranintegratedcircuit within the meaning of section 2 of the Layout Designs Act 1994
authorised, with respect to anything done in relation to a work, means done
(a)
by or with the licence of the copyright owner; or
(b)
pursuant to section 62 building includes
(a)
any fixed structure; and
(b)
a part of a building or fixed structure business includes a trade or profession CMI or copyright management information has the mean
ing given to it in section 226F collective work means
(a)
a work of joint authorship; or
(b)
a work in which there are distinct contributions by different authors or in which works, or parts of works, of different authors are incorporated

communicate means to transmit or make available by means of a communication technology, including by means of a telecommunications system or electronic retrieval system, and communication has a corresponding meaning

communicationworkmeansatransmissionofsounds,visual images,orotherinformation,oracombinationofanyofthose, forreceptionbymembers ofthepublic,andincludesabroadcast or a cable programme

compilation includes

(a)
a compilation consisting wholly of works or parts of works; and
(b)
a compilation consisting partly of works or parts of works; and
(c)
acompilationofdataotherthanworksorpartsofworks computer-generated, in relation to a work, means that the

work is generated by computer in circumstances such that there is no human author of the work convention country , except in Part 9, means an entity that is

a party to an international agreement or arrangement relating to copyright copying

(a) means, in relation to any description of work, reproducing,recording,orstoringtheworkinanymaterialform (including any digital format), in any medium and by any means; and

(b) [Repealed]

(c)
includes, in relation to an artistic work, the making of a copy in 3 dimensions of a two-dimensional work and themakingofacopyin2dimensionsofathree-dimensional work; and
(d)
includes, in relation to a film or communication work, the making of a photograph of the whole or any substantial part of any image forming part of the film or communication work

and copy and copies have corresponding meanings copyrightlicencemeansalicencetodo,orauthorisethedoing

of, any restricted act copyright work means a work of any of the descriptions in section 14(1) in which copyright exists

country includes every territory for whose international relations the Government of that country is responsible Crown

(a)
meansHerMajestytheQueeninrightofNewZealand; and
(b)
includesaMinisteroftheCrown,agovernmentdepartment, and an Office of Parliament; but
(c)
does not include
(i)
a Crown entity; or
(ii)
a State enterprise named in Schedule 1 of the

State-Owned Enterprises Act 1986 Crown entity has the same meaning as it has in section 2(1) of the Public Finance Act 1989

director,inrelationtoacopyrightworkthatisafilm,includes anypersonnominatedbythedirectorofthefilmtoexercisethe director’s rights under Part 4 if

(a)
thenominationisinwritingandsignedbythedirector; and
(b)
the nomination is made before the completion of the making of the film; and
(c)
the person nominated makes a creative contribution to
the making of the film dramatic work includes
(a)
a work of dance or mime; and
(b)
a scenario or script for a film educational establishment means
(a)
any school to which the Education Act 1989 or the Private Schools Conditional Integration Act 1975 ap plies:
(b)
any
(i)
special school; or
(ii)
special class; or

(iii) special clinic; or

(iv) special service established under section 98(1) of the Education Act 1964:

(c)
any special institution within the meaning of section 92(1) of the Education Act 1989:
(d)
any early childhood service within the meaning of sec tion 309 of the Education Act 1989:
(e)
any
(i)
institution; or
(ii)
private training establishment; or
(iii) government training establishment within the meaning of section 159(1) of the Education Act 1989, that is not conducted for profit:
(f)
any body, or class of body, that is not conducted for profitandthatisapprovedbytheMinisterofEducation asaneducationalestablishmentforthepurposesofthis Act by a notice published in the Gazette

educational resource supplier means any person

(a)
whoseprincipalfunctionisthecopyingofcommunicationworksandthesupplyofthecopiesitmakestoeducational establishments for educational purposes; and
(b)
who does not conduct its business for profit; and
(c)
who has been approved by the Minister of Education as an educational resource supplier for the purpose of thisActbyanoticepublishedinthe Gazette andwhose approval has not been revoked

electronic meansactuatedbyelectric,magnetic,electro-magnetic, electro-chemical, or electro-mechanical energy; and in electronic form means in a form usable only by electronic means

employed means employed under a contract of service or a contractofapprenticeship;andemployee,employer,andemployment have corresponding meanings

exclusive licence means a licence in writing, signed by or on behalf of a copyright owner, authorising the licensee, to the exclusionofallotherpersons(includingthecopyrightowner), to exercise a right that would otherwise be exercisable exclusively by the copyright owner

facsimile copy includes a copy that is reduced or enlarged in scale

film means a recording on any mediumfrom which a moving

image may by any means be produced futurecopyright meanscopyrightthatwillormaycomeinto existence in respect of a future work or a class of future work or on the occurrence of a future event

Government means the Executive Government of New

Zealand government department means any department or instrumentoftheGovernment,oranybranchordivisionofanysuch department or instrument; but does not include

(a)
abodycorporateorotherlegalentitythathasthepower to contract:
(b)
an Office of Parliament:
(c)
Public Trust:
(d)
the Export Guarantee Office graphic work includes
(a)
anypainting,drawing,diagram,map,chart,orplan;and
(b)
any engraving, etching, lithograph, woodcut, print, or similar work
infringing copy has the meaning given by section 12 instruction means
(a)
giving a lesson, either in person or by correspondence, to a student or a group of students, at an educational establishment or elsewhere; or
(b)
receiving a lesson, either in person or by correspondence and either alone or in a group of students, at an educational establishment or elsewhere

international organisation means an organisation the mem

bers of which include 1 or more States Internetserviceprovider meansapersonwhodoeseitheror both of the following things:

(a)
offers the transmission, routing, or providing of connectionsfordigitalonlinecommunications,betweenor among points specified by a user, of material of the user’s choosing:
(b)
hosts material on websites or other electronic retrieval systems that can be accessed by a user

judicial proceedings includes

(a)
proceedingsbeforeanycourt,tribunal,orpersonhaving authoritytodecideanymatteraffectingaperson’slegal rights or liabilities; and
(b)
proceedingsbeforeanyotherbodythatisprescribedby regulations made under this Act as a judicial body for the purposes of this Act

lawfuluser,inrelationtoacomputerprogram,meansaperson whohasarighttousetheprogram,whetherunderacopyright licence or otherwise

licensingbodymeansabodyofpersons(whethercorporateor unincorporate) that, as copyright owner or prospective copyright owner or as agent for a copyright owner,

(a)
negotiates copyright licences; and
(b)
grants copyright licences, including licences that cover
the works of more than 1 author licensing scheme means a scheme setting out
(a)
theclassesofcasesinwhichtheoperatorofthescheme, orthepersononwhosebehalftheoperatoracts,iswilling to grant copyright licences; and
(b)
thetermsonwhichcopyrightlicenceswouldbegranted

in those classes of cases;and for the purpose of this definition a scheme includes anythinginthenatureofascheme,whetherdescribedasascheme or as a tariff or by any other name

literary work means any work, other than a dramatic or musical work, that is written, spoken, or sung; and includes

(a)
a table or compilation; and
(b)
a computer program material time,
(a)
in relation to a literary, dramatic, musical, or artistic work, means,
(i)
in the case of an unpublished work, when the work is made or, if the making of the work extends over a period, a substantial part of that period; and
(ii)
in the case of a published work, when the work is first published or,ifthe authorhasdiedbefore

that time, immediately before his or her death; and

(b)
inrelationtoasoundrecordingorfilm,meanswhenthe workismadeor,ifthemakingoftheworkextendsover a period, a substantial part of that period; and
(c)
in relation to a communication work, means when the work is made or received in New Zealand; and
(d)
in relation to a typographical arrangement of a publishededition,meanswhentheeditionisfirstpublished
(e)
[Repealed] Minister meanstheMinisteroftheCrownwho,undertheauthority of anywarrantorwith the authorityofthe PrimeMin

ister,isforthetimebeingresponsiblefortheadministrationof this Act Ministerial inquiry includes the proceedings of a committee

setupbytheGovernmentoraMinisterorMinisterstoinquire

into or advise on any matter musicalworkmeansaworkconsistingofmusic,exclusiveof anywordsintendedtobesungorspokenwiththemusicorany actions intended to be performed with the music

New Zealand includes Tokelau Office of Parliament means

(a)
the Parliamentary Commissioner for the Environment (and that Commissioner’s office):
(b)
the Office of Ombudsmen:
(c)
the Auditor-General:
(d)
the Parliamentary Counsel Office performance , except in Part 9,
(a)
in the case of a literary work that is a lecture, address, speech, or sermon,includes deliveryof that work; and
(b)
ingeneral,includesanymodeofvisualoracousticpresentationofaliterary,dramatic,musical,orartisticwork, includingpresentationoftheworkbymeansofasound recording, film, or communication work

photograph means a recording of light or other radiation on anymediumonwhichanimageisproducedorfromwhichan imagemaybyany meansbe produced; butdoes notinclude a film or part of a film plate includes any stereotype, stone, block, mould, matrix,

transfer, negative, or other similar appliance prescribed foreign country means any country (other than New Zealand)

(a)
to which section 230 applies; or
(b)
thatisdeclaredbyOrderinCouncilmadeunder section 232 to be a foreign country to which any provision of this Act applies; and, with respect to the application of any provision of this Act to such a country, the provision shall be read subject to the terms of that Order in Council

proceedings includes a counterclaim; and references to the plaintiffandtothedefendantinproceedingsshallbeconstrued accordingly

published edition means a published edition of the whole or any part of 1 or more literary, dramatic, or musical works regulations

(a)
has the same meaning as it has in section 2 of the Acts and Regulations Publication Act 1989; and
(b)
includes any instruments that have, pursuant to section 6AoftheRegulationsAct1936or section14 oftheActs and Regulations Publication Act 1989, been printed or published as if they were regulations
rental means any arrangement under which a copy of a work is made available
(a)
for payment (in money or money’s worth); or
(b)
inthecourseofabusiness,aspartofservicesoramenities for which payment is made,

on terms that it will or may be returned reprographic copy means a copy made by a reprographic process; and reprographic copying has a corresponding meaning

reprographic process means a process

(a)
for making facsimile copies; or
(b)
involving the use of an appliance for making multiple copies;

andincludes,inrelationtoaworkheldinelectronicform,any copyingbyelectronicmeans;butdoesnotincludethemaking of a film or sound recording

restricted act means any of the acts described in section 16

sculptureincludesacastormodelmadeforpurposesofsculpture sound recording means

(a)
a recording of sounds, from which the sounds may be reproduced; or
(b)
a recording of the whole or any part of a literary, dramatic,ormusicalwork,fromwhichsoundsreproducing the work or part may be produced,

regardless of the medium on which the recording is made or

the method by which the sounds are reproduced or produced statutoryinquirymeansaninquiryheldorinvestigationconducted in pursuance of a duty imposed or powerconferred by or under an enactment

sufficientacknowledgement,inrelationtoawork,meansan acknowledgement identifying

(a)
the work by its title or other description; and
(b)
the author of the work, unless,
(i)
in the case of a published work, it is published anonymously:
(ii)
inthecaseofanunpublishedwork,itisnotpossiblebyreasonableinquirytoascertain theidentity of the author

telecommunications system means a system for conveying visual images, sounds, or other information by electronic means

TPM or technological protection measure has the meaning

given to it in section 226 TPM circumvention device has the meaning given to it in section 226

TPM work has the meaning given to it in section 226

transcript means a written record of words spoken on a recording Tribunal means the Copyright Tribunal continued by section

205 unauthorised, with respect to anything done in relation to a work, means done otherwise than

(a)
by or with the licence of the copyright owner; or
(b)
pursuant to section 62 wireless communication means the sending of electromag
netic energy over paths not provided by a material substance constructed or arranged for that purpose working day means any day of the week other than
(a)
Saturday,Sunday,GoodFriday,EasterMonday,Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and
(b)
a day in the period commencing with 25 December in any year and ending with 15 January in the following year

writing includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded; and written has a corresponding meaning.

(2) ReferencesinthisActtothetimeatwhichaliterary,dramatic, or musical work is made are to the time at which the work is recorded, in writing or otherwise. Compare: 1962No33ss2(1),3(6),3(8),17(1),24(5),26(9),36(1);1989No44

s 2; Copyright, Designs and Patents Act 1988 ss 1(2), 3(1), 3(2), 4, 5(1), 6(1), 8(1), 16(1), 19(2), 21(3), 21(4), 92(1), 178 (UK)

Section 2(1) Archives New Zealand : inserted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

Section 2(1) broadcast : repealed, on 31 October 2008, by section 4(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) CMI or copyright management information: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) communicate : inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) communication work : inserted, on 31 October 2008, by section 4(2) oftheCopyright(NewTechnologies)AmendmentAct2008(2008No27).

Section2(1) convention country : substituted, on 14 October 1999, by section 3(2) of the Copyright Amendment Act 1999 (1999 No 124).

Section2(1)copying paragraph(a): substituted,on31October2008,bysection 4(3) oftheCopyright(NewTechnologies)AmendmentAct2008(2008No27).

Section 2(1) copying paragraph (b): repealed, on 31 October 2008, by section 4(3) oftheCopyright(NewTechnologies)AmendmentAct2008(2008No27).

Section2(1)copying paragraph(d): substituted,on31October2008,bysection 4(4) oftheCopyright(NewTechnologies)AmendmentAct2008(2008No27).

Section 2(1) educational establishment paragraph (d): substituted, on 1 December 2008, by section 60(1) of the Education Amendment Act 2006 (2006 No 19).

Section2(1) educationalresource supplier: inserted,on31October2008,by section4(2) oftheCopyright(NewTechnologies)AmendmentAct2008(2008 No 27).

Section 2(1) government department paragraph (c): substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Section 2(1) infringing copy : inserted, on 19 May 1998, by section 3 of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).

Section 2(1) Internet service provider: inserted, on 31 October 2008, by section4(2) oftheCopyright(NewTechnologies)AmendmentAct2008(2008 No 27).

Section2(1) material time paragraph (c): substituted, on 31October 2008, by section4(5) oftheCopyright(NewTechnologies)AmendmentAct2008(2008 No 27).

Section2(1) materialtime paragraph(d): substituted,on31October2008,by section4(5) oftheCopyright(NewTechnologies)AmendmentAct2008(2008 No 27).

Section 2(1) material time paragraph (e): repealed, on 31 October 2008, by section4(5) oftheCopyright(NewTechnologies)AmendmentAct2008(2008 No 27).

Section 2(1) Minister : substituted, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 2(1) National Archives : repealed, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

Section 2(1) Office of Parliament paragraph (c): substituted, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

Section 2(1) performance paragraph (b): amended, on 31 October 2008, by section4(6) oftheCopyright(NewTechnologies)AmendmentAct2008(2008 No 27).

Section 2(1) TPM or technological protection measure: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) TPM circumvention device: inserted, on 31 October 2008, by section4(2) oftheCopyright(NewTechnologies)AmendmentAct2008(2008 No 27).

Section 2(1) TPM work : inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

s 3 Copyright Act 1994 Reprinted as at7 July 2010
3 Associated definitions for communication works
(1) References in this Act to a person making a communication
work are
(a) to the person transmitting the communication work or
makingitavailablebymeansofacommunication tech
nology, if that person has responsibility to any extent
for its contents; and
(b) any person who provides the contents of the work and
who makes with the person communicating the work
the arrangements necessary for its communication.
(2) For the purposes of this Act, in the case of communicating a
work by satellite transmission,
(a) the place from which the work is communicated is the
place from which the signals carrying the work are
transmitted to the satellite; and
(b) the person communicating the work is the person who
transmits those signals to the satellite.
Section3: substituted, on31 October 2008,bysection5oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).
4 Meaning of cable programme service, and associated
definitions
[Repealed]
Section 4: repealed, on 31 October 2008, by section 6 of the Copyright (New
Technologies) Amendment Act 2008 (2008 No 27).
5 Meaning of author
(1) ForthepurposesofthisAct,theauthorofaworkistheperson
who creates it.
(2) For the purposes of subsection (1), the person who creates a
work shall be taken to be,
(a) in the case of a literary, dramatic, musical, or artistic
work that is computer-generated, the person by whom
thearrangementsnecessaryfor the creationofthework
are undertaken:
(b) in the case of a sound recording or film, the person by
whomthearrangementsnecessaryforthemakingofthe
recording or film are undertaken:
(c)
in the case of a communication work, the person who makes the communication work:
(d)
in the case of a typographical arrangement of a published edition, the publisher.

(e) [Repealed]

(3) The author of a work of any of the descriptions referred to in subsection (2) may be a natural person or a body corporate. Compare: Copyright, Designs and Patents Act 1988 s 9(1)–(3) (UK) Section5(2)(c): substituted,on31October2008,bysection7oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section5(2)(d): substituted,on31October2008,bysection7oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 5(2)(e): repealed, on 31 October 2008, by section 7 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

6 Meaning of work of joint authorship

(1)
In this Act, the term work of joint authorship means a work produced by the collaboration of 2 or more authors in which the contribution of each author is not distinct from that of the other author or authors.
(2)
Acommunicationworkmustbetreatedasaworkofjointauthorship in any case where more than 1 person is to be taken as making the communication work.
(3)
References in this Act to the author of a work shall be construed in relation to a work of joint authorship as a reference to all the authors of the work.
(4)
Where, in relation to a work of joint authorship, copyright would not exist in the work if 1 or more of the authors were the sole author or sole joint authors, the work shall be treated as if the other author or authors were the sole author or sole joint authors of the work. Compare: 1962 No 33 ss 12(3), (4), (6); Copyright, Designs and Patents Act

1988 s 10 (UK)

Section 6(2): substituted, on 31 October 2008, by section 8 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

7 Meaning of unknown authorship

(1)
For the purposes of this Act, a work is of unknown authorshipiftheidentityoftheauthorisunknownor,inthecaseofa
(d) distribution of imported copies that are not infringing copies within the meaning of section 12 subsequent to their importation into New Zealand.
(2)
Theissueofcopiesofaworktothepublic,inrelationtocomputerprograms,includestherentalofcopiesofcomputerprogramstothepublicandrentalsubsequenttothoseworkshaving been put into circulation; but does not include any such rental where
(a)
the computer program is incorporated into any other thing; and
(b)
the rental of the computer program is not the principal purpose or one of the principal purposes of the rental; and
(c)
the computer program cannot readily be copied by the hirer.

25

s 8 Copyright Act 1994 Reprinted as at7 July 2010
work of joint authorship, if the identity of none of the authors is known.
(2) For the purposes of this Act, the identity of an author shall be regarded as unknown if it is not possible for a person who wishes to ascertain the identity of the author to do so by reasonable inquiry; but if that identity is once known it shall not subsequently be regarded as unknown. Compare: 1962 No 33 s 11(3), (4); Copyright, Designs and Patents Act 1988 s 9(4), (5) (UK)
8 (1) Meaning of copyright owner Where copyright orany aspect ofcopyright isowned by more than 1 person jointly, references in this Act to the copyright owner, or to the owner of the copyright in the work, are to all
owners.
(2) Where different persons are entitled to different aspects of copyright in a work, the copyright owner for any purpose of thisActisthepersonwhoisentitledtotheaspectofcopyright relevant for that purpose.
(3) Subject to the provisions of Part 7, where a question arises under this Act whether an object of any description has been imported, sold, or otherwise dealt with other than pursuant to a copyright licence, the copyright owner shall be taken to be the person entitled to the copyright in respect of its application to the making of objects of that description in the country into which the object was imported or in which it was sold or otherwise dealt with.
Compare: 1962 No 33 s 3(10); Copyright, Designs and Patents Act 1988 s 173 (UK)
9 (1) Meaning of issue to the public References in this Act to the issue of copies of a work to the public mean the act of putting into circulation copies not previouslyputintocirculation;anddonotincludetheactsof(a) subsequent distribution or sale of those copies; or (b) subject to subsections (2) and (3), subsequent hiring or loan of those copies; or (c) subsequent importation of those copies into New Zealand; or

(3) Theissueofcopiesofaworktothepublic,inrelationtosound recordings and films, includes the rental of copies of those workstothepublicandrentalsubsequenttothoseworkshaving been put into circulation. Compare: Copyright, Designs and Patents Act 1988 s 18(2) (UK) Section 9(1)(c): amended, on 19 May 1998, by section 4 of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).

Section 9(1)(d): added, on 19 May 1998, by section 4 of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).

Section 9(2): amended, on 31 October 2003, by section 3(1) of the Copyright (ParallelImportationofFilmsandOnusofProof)AmendmentAct2003(2003 No 111).

Section 9(3): amended, on 31 October 2003, by section 3(2) of the Copyright (ParallelImportationofFilmsandOnusofProof)AmendmentAct2003(2003 No 111).

10 Meaning of publication

(1) In this Act, the term publication, in relation to a work,

(a)
meanstheissueofcopiesoftheworktothepublic;and
(b)
includes, in the case of a literary, dramatic, musical, or artisticwork,makingitavailabletothepublicbymeans of an electronic retrieval system;

and publish has a corresponding meaning.

(2)
Inthecaseofaworkofarchitectureintheformofabuilding, or an artistic work incorporated in a building, construction of thebuildingshallbetreatedasequivalenttopublicationofthe work.
(3)
References in this Act to publication do not include publicationthatisnotintendedtosatisfythereasonablerequirements of the public.
(4)
The following acts do not constitute publication for the purposes of this Act:
(a)
in the case of a literary, dramatic, or musical work,
(i)
the performance of the work; or
(ii)
the communication of the work to the public (otherwise than for the purposes of an electronic retrieval system):
(b)
in the case of any artistic work,
(i)
the exhibition of the work; or
(ii)
the issue to the public of copies of a film including the work; or
(iii) the communication of the work to the public (otherwise than for the purposes of an electronic retrieval system):
(c)
in the case of an artistic work being
(i)
a sculpture; or
(ii)
a work of architecture in the form of a building or a model for a building; or
(iii) a work of artistic craftsmanship,the issue to the public of copies of a graphic work representing, or of photographs of, the work:
(d)
in the case of a sound recording or film,
(i)
the playing or showing of the work in public; or
(ii)
the communication of the work to the public.
(5)
No account shall be taken for the purposes of this section of any unauthorised act. Compare: 1962 No 33 s 3(1), (2), (5), (6); Copyright, Designs and Patents Act

1988 s 175(1), (3)–(6) (UK)

Section 10(4)(a)(ii): amended, on 31 October 2008, by section 9(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 10(4)(b)(iii): amended, on 31 October 2008, by section 9(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 10(4)(d)(ii): substituted, on 31 October 2008, by section 9(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

11 Meaning of commercial publication Inthis Act, theterm commercialpublication,inrelationto a literary, dramatic, musical, or artistic work, means the publication of the work consisting of

(a)
issuing copies of the work to the public at a time when copiesmadeinadvanceofthereceiptofordersaregenerally available to the public; or
(b)
makingtheworkavailabletothepublicbymeansofan

electronic retrieval system;and related expressions shall be construed accordingly. Compare: Copyright, Designs and Patents Act 1988 s 175(2) (UK)

12 Meaning of infringing copy

(1)
InthisAct,theterminfringingcopy,inrelationtoacopyright work, shall be construed in accordance with this section.
(2)
An object is an infringing copy if its making constitutes an infringement of the copyright in the work in question.
(3)
An object that a person imports, or proposes to import, into New Zealand is an infringing copy if
(a)
themakingoftheobjectconstitutedaninfringementof the copyright in the work in question in the country in which the object was made; or
(b)
the importer would have infringed the copyright in the workinquestioninNewZealandhadtheimportermade the object in New Zealand, unless the object is one to which subsection (5A) or subsection (6) applies.
(4)
Where in any proceedings the question arises whether an object is an infringing copy, and it is shown
(a)
that the object is a copy of the work in question; and
(b)
that copyright exists in the work or has existed at any

time,itshallbepresumeduntilthecontraryisprovedthattheobject was made at a time when copyright existed in the work.

(5) In this Act, an infringing copy includes a copy falling to be treated as an infringing copy under any of the following provisions of this Act:

(a)
section 85(4) (which relates to incidental recording for the purposes of a communication work):
(b)
section93(1) (whichrelatestosubsequentdealingswith copies made under Part 3).

(5A) AnobjectthatapersonimportsorproposestoimportintoNew Zealandisnotaninfringingcopyundersubsection(3)(b)if

(a)
it was made by or with the consent of the owner of the copyright, or other equivalent intellectual property right, in the work in question in the country in which the object was made; or
(b)
where no person owned the copyright, or other equivalent intellectual property right, in the work in question inthecountryinwhichtheobjectwasmade,anyofthe following applies:
(i)
the copyright protection (or other equivalent intellectual property right protection) formerly affordedtotheworkinquestioninthatcountryhas expired:
(ii)
the person otherwise entitled to be the owner of the copyright (or other equivalent intellectual property right) in the work in question in that countryhasfailedtotakesomesteplegallyavailable to them to secure the copyright (or other equivalentintellectualpropertyright)inthework in that country:

(iii) theobjectisacopyin3dimensionsofanartistic work that has been industrially applied in that country inthe mannerspecifiedinsection75(4):

(iv) the object was made in that country by or with the consent of the owner of the copyright in the work in New Zealand.

(6) InthisAct,aninfringingcopydoesnotincludealiterarywork or an artistic work that

(a)
relates to a medicine that has been imported by the Crown pursuant to section 32A of the Medicines Act 1981; and
(b)
has been made, copied, published, adapted, or distributed, in an overseas country, by or with the licence

of the owner of the copyright in the work in that country.

Compare: 1962No33s10(5);1990No71s2;Copyright,DesignsandPatents

Act 1988 s 27 (UK)

Section 12(3): substituted, on 19 May 1998, by section 5(1) of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).

Section 12(5)(a): substituted, on 31 October 2008, by section 10 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 12(5A): inserted, on 19 May 1998, by section 5(2) of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).

13 Act to bind the Crown

This Act binds the Crown.

Part 1 Description, ownership, and duration of copyright

Description of copyright

14 Copyright in original works

(1)
Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions:
(a)
literary, dramatic, musical, or artistic works:
(b)
sound recordings:
(c)
films:
(d)
communication works:
(e)
typographical arrangements of published editions.
(2)
A work is not original if
(a)
itis,ortotheextentthatitis,acopyofanotherwork;or
(b)
it infringes the copyright in, or to the extent that it infringes the copyright in, another work.

(3) [Repealed]

Compare: 1962 No 33 ss 7(1), 13(1), 14(1), 15(1), 17(1); Copyright, Designs and Patents Act 1988 ss 1(1), 5(2), 6(6), 7(6), 8(2) (UK)

Section 14(1): substituted, on 31 October 2008, by section 11(1) of the Copy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section14(3): repealed,on31October2008,bysection11(2)oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

15 Recording necessary for some works

(1)
Copyright does not exist in a literary or dramatic or musical workunlessanduntiltheworkisrecorded,inwritingorotherwise.
(2)
Itisimmaterialforthepurposesofsubsection(1)whetherthe work is recorded by or with the consent of the author.
(3)
Where a work is not recorded by the author, the question whether copyright exists in the record, as distinct from the work recorded, is not affected by anything in subsection (1). Compare: Copyright, Designs and Patents Act 1988 s 3(2), (3) (UK)

16 Acts restricted by copyright

(1)
The owner of the copyright in a work has the exclusive right todo,inaccordancewith sections30to34 ,thefollowingacts in New Zealand:
(a)
to copy the work:
(b)
toissuecopiesoftheworktothepublic,whetherbysale or otherwise:
(c)
to perform the work in public:
(d)
to play the work in public:
(e)
to show the work in public:
(f)
to communicate the work to the public:
(g)
to make an adaptation of the work:
(h)
todoanyoftheactsreferredtoinanyofparagraphs(a) to (f) in relation to an adaptation of the work:
(i)
toauthoriseanotherpersontodoanyoftheactsreferred to in any of paragraphs (a) to (h).
(2)
Subsection (1) applies subject to Parts 3 and 8.

Compare: 1962 No 33 ss 6(1), 7(3), 7(4), 13(5), 14(5), 17(3); Copyright, Designs and Patents Act 1988 s 16(1), (4) (UK)

Section 16(1)(f): substituted, on 31 October 2008, by section 12 of the Copy right (New Technologies) Amendment Act 2008 (2008 No 27).

Qualification for copyright

17 Qualification for copyright

(1)
Copyrightdoesnotexistinaworkunlesstherequirementsof section 18 or section 19 or section 20 are satisfied in respect of that work.
(2)
Subsection(1)doesnotapplytocopyrightthatexistsbyvirtue of section 26 or section 28.
(3)
Iftherequirementsof section18 or section19 or section20 or section26 or section28 areoncesatisfiedinrespectofawork, copyright in that work does not cease to exist if any change occurs in any of the circumstances by reason of which those requirements were satisfied.
(4)
For the avoidance of doubt, it is hereby declared that where any other provision of this Act imposes requirements, in additiontotherequirementsof section18 or section19 or section 20 ,thatmustbesatisfiedforcopyrighttoexistinawork,copyright does not exist in a work unless the requirements of that provision and the requirements of section 18 or section 19 or section 20 are satisfied in respect of that work. Compare: Copyright, Designs and Patents Act 1988 s 153 (UK)

18 Qualification by reference to author

(1)
A work qualifies for copyright if the author is, at the material time,
(a)
a New Zealand citizen; or
(b)
anindividualdomiciledorresidentinNewZealand;or
(c)
a body incorporated under the law of New Zealand.
(2)
A work qualifies for copyright if the author is, at the material time,
(a)
a citizen or subject of a prescribed foreign country; or
(b)
an individual domiciled or resident in a prescribed foreign country; or
(c)
a body incorporated under the law of a prescribed foreign country.
(3)
Subject to subsection (4), a work of joint authorship qualifies forcopyrightif,atthematerialtime,anyoftheauthorssatisfies the requirements of subsection (1) or subsection (2).
(4)
Whereaworkofjointauthorshipqualifiesforcopyrightunder this section alone, only those authors who satisfy the requirements of subsection (1) or subsection (2) shall be taken into account for the purposes of the application, to that work, of the following provisions of this Act:
(a)
section21 (whichrelatestothefirstownershipofcopyright):
(b)
subsections(1)and(4)of section22 (whichrelatetothe duration of copyright in literary, dramatic, musical, or artistic works):
(c)
section 67 (which relates to acts permitted on assump tions as to expiry of copyright or death of the author in relation to anonymous or pseudonymous works).

Compare: 1962 No 33 ss 7(1), 12(1), 13(1), 14(1), 15(1), 17(1); Copyright, Designs and Patents Act 1988 s 154 (UK)

19 Qualification by reference to country of first publication

(1)
A work (being a literary, dramatic, musical, or artistic work, a sound recording, a film, or a typographical arrangement of a published edition) qualifies for copyright if it is first published
(a)
in New Zealand; or
(b)
in a prescribed foreign country.
(2)
For the purposes of this section, publication in one country shallnotberegardedasotherthanthefirstpublicationbyreason of simultaneous publication elsewhere; and for this purpose publication elsewhere within the previous 30 days shall be treated as simultaneous. Compare: 1962 No 33 ss 7(2), 13(2), 14(2), 17(1); Copyright, Designs and

Patents Act 1988 s 155 (UK)

20 Qualification by reference to origin of communication work

A communication work qualifies for copyright if it is made from

(a)
a place in New Zealand; or
(b)
a place in a prescribed foreign country.

Section 20: substituted, on 31 October 2008, by section 13 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Ownership of copyright

21 First ownership of copyright

(1)
Subjecttotheprovisionsofthissection,thepersonwhoisthe authorofaworkisthefirstownerofanycopyrightinthework.
(2)
Where an employee makes, in the course of his or her employment, a literary, dramatic, musical, or artistic work, that person’s employer is the first owner of any copyright in the work.
(3)
Where
(a)
a person commissions, and pays or agrees to pay for, thetakingofaphotographorthemakingofacomputer program, painting, drawing, diagram, map, chart, plan, engraving, model, sculpture, film, or sound recording; and
(b)
the work is made in pursuance of that commission,that person is the first owner of any copyright in the work.
(4)
Subsections (2) and (3) apply subject to any agreement to the contrary.
(5)
Subsections (1) to (4) apply subject to sections 26 and 28.

Compare: 1962 No 33 ss 9, 13(4), 14(4); Copyright, Designs and Patents Act 1988 s 11 (UK)

Duration of copyright

22 Duration of copyright in literary, dramatic, musical, or artistic works

(1)
Subject to the following provisions of this section, copyright in a literary, dramatic, musical, or artistic work expires at the endoftheperiodof50yearsfromtheendofthecalendaryear in which the author dies.
(2)
Iftheworkiscomputer-generated,copyrightexpiresattheend of the period of 50 years from the end of the calendar year in which the work is made.
(3)
Iftheworkisofunknownauthorship,copyrightexpiresatthe endoftheperiodof50yearsfromtheendofthecalendaryear inwhichitisfirstmadeavailabletothepublicbyanauthorised act.
(4)
Forthepurposesofsubsection(3),thecircumstancesinwhich a work may be made available to the public include,
(a)
in the case of a literary, dramatic, or musical work,
(i)
performance in public:
(ii)
communication to the public:
(b)
in the case of an artistic work,
(i)
exhibition in public:
(ii)
the playing or showing in public of a film that includes the work:
(iii) communication to the public.
(5)
If
(a)
a work is of unknown authorship; and
(b)
copyright in the work has expired pursuant to subsection (3); and
(c)
theidentityoftheauthorbecomesknownafterthecopy

right has expired,subsection (1) does notapply to revive copyrightinthe work.

(6)
In relation to a work of joint authorship,
(a)
thereferenceinsubsection(1)tothedeathoftheauthor shall be construed,
(i)
if the identity of all the authors is known, as a reference to the last of them to die:
(ii)
if the identity of 1 or more, but not all, of the authors is known, as a reference to the death of the last of the authors whose identity is known; and
(b)
thereferenceinsubsection(5)totheidentityoftheauthor becoming known shall be construed as a reference to the identity of any of the authors becoming known.
(7)
This section does not apply to copyright in a work to which section 26 or section 28 applies. Compare: 1962 No 33 s 8(1); Copyright, Designs and Patents Act 1988 s 12

(UK)

Section22(4): substituted, on31October2008,bysection14 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

23 Duration of copyright in sound recordings and films

(1) Copyright in a sound recording or film expires

(a)
at the end of the period of 50 years from the end of the calendar year in which the work is made; or
(b)
ifitismadeavailabletothepublicbyanauthorisedact before the end of that period, 50 years from the end of the calendar year in which it is so made available,

whichever is the later.

(2) For the purposes of subsection (1), a sound recording or film is made available to the public when

(a)
the work is first
(i)
published; or
(ii)
communicated to the public; or
(b)
in the case of a film or film soundtrack,
(i)
the work is first shown in public; or
(ii)
the work is first played in public.

Compare: 1962No33ss13(3),14(3);Copyright,DesignsandPatentsAct1988 s 13 (UK)

Section23(2): substituted, on31October2008,bysection15 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

24 Duration of copyright in communication works

(1)
Copyright in a communication work expires at the end of the period of 50 years from the end of the calendar year in which the communication work is first communicatedto the public.
(2)
Copyright in a repeated communication work expires at the sametimeascopyright in the initialcommunication workexpires.
(3)
Thereisnocopyrightinarepeatedcommunicationworkthatis communicatedtothepublicaftercopyrightintheinitialcommunication work has expired. Section 24: substituted, on 31 October 2008, by section 16 of the Copyright

(New Technologies) Amendment Act 2008 (2008 No 27).

25 Duration of copyright in typographical arrangement of published editions Copyright in a typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition is first published. Compare: 1962 No 33 s 17(2); Copyright, Designs and Patents Act 1988 s 15

(UK)

Crown copyright

26 Crown copyright

(1)
Where a work is made by a person employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services,
(a)
theworkqualifiesforcopyrightnotwithstanding section 17(1) ; and
(b)
the Crown is the first owner of any copyright in the work.
(2)
Copyright in such a work is referred to in this Act as Crown copyright, notwithstanding that suchcopyright is assigned to another person.
(3)
Crown copyright shall expire,
(a)
in the case of a typographical arrangement of a publishededition, at theendoftheperiodof25yearsfrom theendofthecalendaryearinwhichtheworkismade:
(b)
in the case of any other work, at the end of the period of100yearsfromtheendofthecalendaryearinwhich the work is made.
(4)
In the case of a work of joint authorship where 1 or more, but not all, of the authors are persons employed or engaged by the Crown under a contract of service, a contract of apprenticeship, oracontractfor services,this sectionappliesonlyin relation to those authors and the copyright existing by virtue of their contribution to the work.
(5)
Subject to this section and to any other express provision of this Act, the provisions of this Act apply in relation to Crown copyright as to other copyright.
(6)
Subsection (1) applies subject to any agreement to the contrary.
(7)
This section is subject to section 27.

Compare: 1962 No 33 s 52; Copyright, Designs and Patents Act 1988 s 163 (UK)

27 No copyright in certain works

(1) No copyright exists in any of the following works, whenever those works were made:

(a)
any Bill introduced into the House of Representatives:
(b)
any Act as defined in section 29 of the Interpretation Act 1999:
(c)
any regulations:
(d)
any bylaw as defined in section 2 of the Bylaws Act 1910:
(e)
the New Zealand Parliamentary Debates:
(f)
reports of select committees laid before the House of Representatives:
(g)
judgments of any court or tribunal:
(h)
reportsofRoyalcommissions,commissionsofinquiry, ministerial inquiries, or statutory inquiries.

(1A) No Crown copyright exists in any work, whenever that work was made,

(a)
in which the Crown copyright has not been assigned to another person; and
(b)
that is incorporated by reference in a work referred to in subsection (1).

(1B) Except as specified in subsection (1A), nothing in subsection (1)affectscopyrightinanyworkthatisincorporatedbyreference in a work referred to in subsection (1).

(2) Subsection(1)shallcomeintoforceonadatetobeappointed by the Governor-General by Order in Council; and 1 or more OrdersinCouncilmaybemadeappointingdifferent datesfor different paragraphs of that subsection. Section27(1): broughtintoforce,on1April2001,bytheCopyrightActCom

mencement Order 2000 (SR 2000/245).

Section 27(1): amended, on 1 November 1999, pursuant to section 38 of the Interpretation Act 1999 (1999 No 85).

Section 27(1A): inserted, on 14 April 2005, by section 3 of the Copyright Amendment Act 2005 (2005 No 33).

Section 27(1B): inserted, on 14 April 2005, by section 3 of the Copyright Amendment Act 2005 (2005 No 33).

28 Copyright vesting in certain international organisations

(1)
Whereanoriginalwork(beingaliterary,dramatic,musical,or artistic work or a film) is made by an officer or employee of, or is published by, an international organisation to which this section applies,
(a)
theworkqualifiesforcopyrightnotwithstanding section 17(1) ; and
(b)
the organisation is the first owner of any copyright in the work.
(2)
The copyright of an international organisation under this section shall expire,
(a)
in the case of a typographical arrangement of a publishededition, at theendoftheperiodof25yearsfrom the end of the calendar year in which the work is made or such longer period as may be specified for the purposes of this paragraph pursuant to subsection (5):
(b)
inthecaseofanyotherwork,attheendoftheperiodof 50years fromtheendofthecalendaryearinwhichthe workismadeorsuchlongerperiodasmaybespecified for the purposes of this paragraph pursuant to subsection (5).
(3)
Subject to this section and to any other express provision of this Act, the provisions of this Act apply in relation to the copyright of an internationalorganisation under this section.
(4)
An international organisation to which this section applies shallbedeemedtohave,andtohavehadatallmaterialtimes, the legal capacities of a body corporate for the purposes of holding,dealingwith,andenforcingcopyrightandinconnection with all legal proceedings relating to copyright.
(5)
The Governor-General may from time to time, by Order in Council,
(a)
declare that any international organisation is an international organisation to which this section applies:
(b)
for the purposes of complying with any international obligationofNewZealand,specifyaperiodforthepurposes of paragraph (a) or paragraph (b) of subsection (2).

Compare: 1962 No 33 s 50; Copyright, Designs and Patents Act 1988 s 168 (UK)

Part 2 Infringement of copyright

Primary infringement of copyright

29 Infringement of copyright

(1)
Copyright in a work is infringed by a person who, other than pursuant to a copyright licence, does any restricted act.
(2)
ReferencesinthisActtothedoingofarestrictedactaretothe doing of that act
(a)
inrelationtotheworkasawholeoranysubstantialpart of it; and
(b)
either directly or indirectly;and it is immaterial whether any intervening acts themselves infringe copyright.
(3)
This Part is subject to Parts 3 and 8.

Compare: 1962No33ss3(1);Copyright,DesignsandPatentsAct1988s16(2), (3), (4) (UK)

30 Infringement by copying

The copying of a work is a restricted act in relation to every description of copyright work. Compare: Copyright, Designs and Patents Act 1988 s 17(1) (UK)

31 Infringement by issue of copies to public

The issue of copies of a work to the public is a restricted act in relation to every description of copyright work. Compare: Copyright, Designs and Patents Act 1988 s 18(1) (UK)

32 Infringement by performance or playing or showing in public

(1)
Theperformanceofaworkinpublicisarestrictedactonlyin relation to a literary, dramatic, or musical work.
(2)
The playing or showing of a work in public is a restricted act only in relation to a sound recording, film, or communication work.
(3)
Where copyright in a work is infringed by the performance, playing, or showing of the work in public by means of apparatus for receiving visual images or sounds conveyed by electronic or other means,
(a)
the person by whom the visual images or sounds are sent; and
(b)
in the case of a performance, the performersshall not be regarded as responsible for the infringement.
(4)
For the purposes of subsection (3), a person who sends visual images or sounds does not include a person who retransmits visual images or sounds. Compare: Copyright, Designs and Patents Acts 1988s19(1), (3), (4) (UK)

Section 32(2): amended, on 31 October 2008, by section 17 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

33 Infringement by communicating to public

Communicatingaworktothepublicisarestrictedactinrelation to every description of copyright work. Section 33: substituted, on 31 October 2008, by section 18 of the Copyright

(New Technologies) Amendment Act 2008 (2008 No 27).

34 Infringement by making adaptation or act done in relation to adaptation

(1)
Themakingofanadaptationofaworkisarestrictedactonly in relation to a literary, dramatic, or musical work.
(2)
Forthepurposesofsubsection(1),anadaptationismadewhen it is recorded, in writing or otherwise.
(3)
The doing of any of the acts specified in any of sections 30 to 33 or in subsection (1), in relation to an adaptation of a work, is also a restricted act in relation to the literary, dramatic, or musical work from which the adaptation was made.
(4)
Forthepurposesofsubsection(3),wheretheactdoneinrelationtoanadaptationofaworkisanactspecifiedin section32 or section33 ,itisimmaterialwhethertheadaptationhasbeen recorded, in writing or otherwise, at thetime the act is done. Compare: Copyright, Designs and Patents Act 1988 s 21(1), (2) (UK)

Secondary infringement of copyright

35 Infringement by importation

(1)
A person infringes copyright in a work if
(a)
that person imports into New Zealand an object that is an infringing copy of the work and,
(i)
in the case of a work that is a sound recording, film, or computer program to which subsection
(6) applies, that person knows or ought reasonablytoknowthattheobjectisaninfringingcopy; or
(ii)
in the case of other works, that person knows or hasreasontobelievethattheobjectisaninfringing copy; and
(b)
the object was imported into New Zealand without a copyright licence; and
(c)
the object was imported into New Zealand other than for that person’s private and domestic use.
(2)
In civil proceedings for infringement of copyright under subsection (1), in the case of a work that is a sound recording, film, orcomputer program towhich subsection (6) applies,
(a)
an object is presumed to be an infringing copy in the absence of evidence to the contrary; and
(b)
the court must not require any person to disclose any informationconcerningthesourcesofsupplyoftheobjectifitappearstothecourtthatitisunreasonabletodo so.
(3)
Apersonalsoinfringescopyrightinafilmtowhichsubsection
(6)
applies if that person
(a)
imports a copy of the film into New Zealand within 9monthsoffirstbeingmadeavailabletothepublic;and
(b)
knowsorhasreasontobelievethatthefilmisimported into New Zealand within 9 months of first being made available to the public; and
(c)
isnotthelicenseeofthecopyrightinNewZealand;and
(d)
imports the film into New Zealand other than for that person’s private and domestic use.
(4)
Forthepurposesofsubsection(3),afilmisfirstmadeavailable tothepublic(assetoutin section23(2) )byanyauthorisedact whether in New Zealand or elsewhere.
(5)
Subsections (3) and (4) are repealed on 31 October 2013.
(6)
This subsection applies to the following sound recordings, films, and computer programs:
(a)
a sound recording stored in a material form that is separate from any device or apparatus capable of playing sound recordings:
(b)
a film produced principally for cinematic release, or a copy of that film, or a copy of a substantial part of that film:
(c)
a computer program stored in a material form that is separate from any device or apparatus capable of executing computer programs.

Section 35: substituted, on 31 October 2003, by section 4 of the Copyright (ParallelImportationofFilmsandOnusofProof)AmendmentAct2003(2003 No 111).

Section35(1)(c): amended,on31October2008,bysection19(1) oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section35(3): substituted,on12April2008,bysection19(2)oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section35(4): substituted,on12April2008,bysection19(2)oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section35(5): substituted,on12April2008,bysection19(2)oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

36 Possessing or dealing with infringing copy Copyright in a work is infringed by a person who, in New Zealand, other than pursuant to a copyright licence,

(a)
possesses in the course of a business; or
(b)
inthecourseofabusinessorotherwise,sellsorletsfor hire; or
(c)
inthecourseofabusiness,offersorexposesforsaleor hire; or
(d)
in the course of a business, exhibits in public or distributes; or
(e)
distributesotherwisethaninthecourseofabusinessto such an extent as to affect prejudicially the copyright owner

an object that is, and that the person knows or has reason to believe is, an infringing copy of the work. Compare: 1962No33ss10(3),(4),18(3),(4);Copyright,DesignsandPatents

Act 1988 s 23 (UK)

37 Providing means for making infringing copies

(1) Copyright in a work is infringed by a person who, other than pursuant to a copyright licence,

(a)
makes; or
(b)
imports into New Zealand; or
(c)
possesses in the course of a business; or
(d)
inthecourseofabusinessorotherwise,sellsorletsfor hire; or
(e)
inthecourseofabusiness,offersorexposesforsaleor hire

anobjectspecificallydesignedoradaptedformakingcopiesof thatwork,knowingorhavingreasontobelievethattheobject is to be used to make such infringing copies.

(2) Copyright in a work is infringed by a person who, other than under a copyright licence, communicates a work to 1 or more persons, knowing or having reason to believe that infringing copieswillbemadebymeansofthereceptionofthecommunication in New Zealand or elsewhere. Compare: Copyright, Designs and Patents Act 1988 s 24 (UK) Section37(2): substituted, on31October2008,bysection20 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

38 Permitting use of premises for infringing performance

(1)
Wherecopyrightinaliterary,dramatic,ormusicalworkisinfringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also liable for the infringement unless, when the person gave that permission, he or she believed on reasonable grounds that the performance would not infringe copyright.
(2)
In this section, the term place of public entertainment includespremisesthatareoccupiedmainlyforpurposesother than public entertainment but are from time to time made available for hire for the purposes of public entertainment. Compare: Copyright, Designs and Patents Act 1988 s 25 (UK)

39 Provision of apparatus for infringing performance, etc

(1) Where copyright in a work is infringed by a performance of the work in public, or by the playing or showing of the work in public, by means of apparatus for

(a)
playing sound recordings; or
(b)
showing films; or
(c)
receiving visual images or sounds conveyed by elec

tronic means,the persons described in subsections (2) to (4) are also liable for the infringement.

(2)
A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if, when he or she supplied the apparatus or part,
(a)
heorsheknew,orhadreasontobelieve,thattheapparatuswaslikelytobesousedastoinfringecopyright;or
(b)
in the case of apparatus whose normal use involves a performance, playing, or showing in public, he or she hadnoreasonablegroundsforbelievingthattheapparatus would not be so used as to infringe copyright.
(3)
An occupier of premises who gave permission for the apparatus to be brought onto the premises is liable for the infringement if, when the occupier gave that permission, he or she knew, or had reason to believe, that the apparatus was likely to be so used as to infringe copyright.
(4)
A person who supplied a copy of a sound recording or film used to infringe copyright is liable for the infringement if, when the person supplied the copy, he or she knew, or had reason to believe, that the copy he or she supplied, or a copy made directly or indirectly from the copy, was likely to be so used as to infringe copyright. Compare: Copyright, Designs and Patents Act 1988 s 26 (UK)

Part 3 Acts permitted in relation to copyright works

40 Provisions to be construed independently

The provisions of this Part are to be construed independently of one another so that the fact that an act is not permitted by oneprovisiondoesnotmeanthatitisnotpermittedbyanother provision. Compare: Copyright, Designs and Patents Act 1988 s 28(4) (UK)

41 Incidental copying of copyright work

(1)
Copyright in a work is not infringed by
(a)
theincidentalcopyingoftheworkinanartisticwork,a sound recording, a film, or a communication work; or
(b)
the issue to the public of copies of an artistic work, the playing of a sound recording, the showing of a film, or the communication of a work to the public, in which a copyright work has been incidentally copied; or
(c)
the issue to the public of copies of a sound recording, film,orcommunicationworktowhichparagraph(a)or
(b) applies.
(2)
For the purposes of subsection (1), a musical work, words spoken or sung with music, or so much of a sound recording or communication work as includes a musical work or those words,must not be regarded as incidentally copied in another work if the musical work or the words, sound recording, or communication work is deliberately copied. Section 41: substituted, on 31 October 2008, by section 21 of the Copyright

(New Technologies) Amendment Act 2008 (2008 No 27).

42 Criticism, review, and news reporting

(1)
Fair dealing with a work for the purposes of criticism or review, of that or another work or of a performance of a work, does not infringe copyright in the work if such fair dealing is accompanied by a sufficient acknowledgement.
(2)
Fair dealing with a work for the purpose of reporting current eventsbymeansofasoundrecording,film,orcommunication work does not infringe copyright in the work.
(3)
Fair dealing with a work (other than a photograph) for the purposes of reporting current events by any means other than those referred to in subsection (2) does not infringe copyright intheworkifsuchfairdealing is accompanied byasufficient acknowledgement. Compare: 1962No33ss19(2),(3),20(2),(3);Copyright,DesignsandPatents

Act 1988 s 30 (UK)

Section42(2): substituted, on31October2008,bysection22 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

43 Research or private study

(1)
Fairdealingwithaworkforthepurposesofresearchorprivate study does not infringe copyright in the work.
(2)
Fortheavoidanceofdoubt,itisherebydeclaredthatfairdealing with a published edition for the purposes of research or private study does not infringe copyright in either the typographicalarrangementoftheedition or any literary, dramatic, musical, or artistic work or part of a work in the edition.
(3)
In determining, for the purposes of subsection (1), whether copying, by means of a reprographic process or by any other means, constitutesfair dealing for thepurposes of research or private study, a court shall have regard to
(a)
the purpose of the copying; and
(b)
the nature of the work copied; and
(c)
whether the work could have been obtained within a reasonable time at an ordinary commercial price; and
(d)
the effect of the copying on the potential market for, or value of, the work; and
(e)
wherepartofaworkiscopied,theamountandsubstantiality of the part copied taken in relation to the whole work.
(4)
This section does not authorise the making of more than 1 copyofthesamework,orthesamepartofawork,onanyone occasion, but in this subsection copy does not include a non infringingtransientreproductiontowhichsection43A applies. Compare: 1962 No 33 ss 19(1), (5), 20(1); Copyright Act 1968 s 40(1), (2)

(Aust); Copyright, Designs and Patents Act 1988 s 29(1), (2) (UK)

Section43(4): substituted, on31October2008,bysection23 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

43A Transient reproduction of work A reproduction of a work does not infringe copyright in the work if the reproduction

(a)
is transient or incidental; and
(b)
is an integral and essential part of a technological process for
(i)
making or receiving a communication that does not infringe copyright; or
(ii)
enabling the lawful use of, or lawful dealing in, the work; and
(c)
has no independent economic significance.

Section43A:inserted,on31October2008,by section24 oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

Education

44 Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements

(1)
Copyright in a literary, dramatic, musical, or artistic work or the typographical arrangement of a published edition is not infringed by the copying of the whole or part of the work or edition if
(a)
thecopyingisdonebymeansofareprographicprocess or by any other means; and
(b)
the copying is done
(i)
in the course of preparation for instruction; or
(ii)
for use in the course of instruction; or
(iii) in the course of instruction; and
(c)
the copying is done by or on behalf of the person who is to give, or who is giving, a lesson at an educational establishment; and
(d)
nomorethan1copyofthewholeorpartoftheworkor edition is made on any one occasion.
(2)
Copyright in a literary, dramatic, musical, or artistic work or the typographical arrangement of a published edition is not infringed by the copying of the whole or part of the work or edition if
(a)
the copying is not done by means of a reprographic process; and
(b)
the copying is done
(i)
in the course of preparation for instruction; or
(ii)
for use in the course of instruction; or
(iii) in the course of instruction; or (iv) after the course of instruction; and
(c)
thecopyingisdonebyapersonwhoistogive,isgiving, orhasgiventhelessonorbyapersonwhoistoreceive, is receiving, or has received the lesson; and
(d)
1 or more copies of the whole or part of the work or edition is or are made on any one occasion.
(3)
Copyrightinaliterary,dramatic,ormusicalworkorthetypographical arrangement of a published edition is not infringed by the copying of part of the work or edition if
(a)
thecopyingisdonebymeansofareprographicprocess or by any other means; and
(b)
the copying is done for an educational purpose; and
(c)
the copying is done by or on behalf of an educational establishment; and
(d)
1ormorecopiesofpartoftheworkoreditionisorare made on any one occasion; and
(e)
nochargeismadeforthesupplyofacopytoanystudent or other person who is to receive, is receiving, or has received a lesson; and
(f)
subject to subsection (4), either,
(i)
intheperiodbeginningwiththecommencement of this Act and ending with the close of 31 December1997, the copying is of nomorethan the greater of 5% of the work or edition or 5 pages of the work or edition; or
(ii)
onandafter1January1998,thecopyingisofno morethanthegreaterof3%oftheworkoredition or 3 pages of the work or edition.
(4)
If the effect of subparagraph (i) or subparagraph (ii) of subsection (3)(f) would be that the whole of a work or edition is copied, those subparagraphs shall not apply and the copying thatispermittedundersubsection(3)shallbeofnomorethan 50% of the whole work or edition.
(4A) Acopyofaworkmadeinaccordancewithsubsections(3)and (4)maybecommunicatedtoapersonwhoisastudentorother personwhoistoreceive,isreceiving,orhasreceived,alesson that relates to the work.
(5)
Copyright in an artistic work is not infringed by the copying, bymeans of areprographicprocessorbyanyother means,of thewholeorapartofthatworkiftheartisticworkisincluded withinthepartofanyworkoreditioncopiedundersubsection (3).
(6)
Whereanypartofaworkoreditioniscopiedundersubsection
(3)
by or on behalf of an educational establishment,
(a)
thatpartofthatworkoreditionmaynot,within14days of that copying, be copied again under that subsection by or on behalf of that educational establishment; and
(b)
nootherpartofthatworkoreditionmay,within14days of that copying, be copied under that subsection by or on behalf of that educational establishment.

(7) In subsections (3) to (6),published edition or edition,in relationto a collectivework, means that part of the edition containing each work or part of a work work,inrelationtoacollectivework,meanseachoftheworks

or parts of works in the collective work. Compare: Copyright, Designs and Patents Act 1988 ss 32(1), 36(1) (UK)

Section 44(4A): inserted, on 31 October 2008, by section 25 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

44A Storing copies for educational purposes

(1)
An educational establishment does not infringe copyright in a work that is made available on a website or other electronic retrievalsystembystoringacopyofthepageorpagesinwhich the work appears if
(a)
the material is stored for an educational purpose; and
(b)
the material
(i)
is displayed under a separate frame or identifier; and
(ii)
identifiestheauthor(ifknown)andsourceofthe work; and
(iii) states the name of the educational establishment and the date on which the work was stored; and
(c)
the material is restricted to use by authenticated users.
(2)
Subsection (1) does not apply, and the educational establishment does infringe copyright in the work, if the educational establishment knowingly fails to delete the stored material withinareasonabletimeafterthematerialbecomesnolonger relevant to the course of instruction for which it was stored.
(3)
In subsection (1), authenticated user means a person who
(a)
isaparticipantinthecourseofinstructionforwhichthe material is stored; and
(b)
can access the stored material only through a verification processthatverifies that heor sheis entitled to access the stored material.

Section44A:inserted,on31October2008,by section26 oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

45 Copying for educational purposes of films and sound recordings

(1)
Copyright in any work that is a film, sound recording, or communication work, or any work included in a film, sound recording, or communication work, is not infringed by the copyingofthatworkinthecircumstancessetoutinsubsection (2).
(2)
The circumstances referred to in subsection (1) are
(a)
thatthecopyingconsistsoforincludesthemakingofa film or film soundtrack
(i)
in the course of preparation for instruction; or
(ii)
for use in the course of instruction; or
(iii) in the course of instruction; or (iv) after the course of instruction,wherethelessonisonhowtomakefilmsorfilmsoundtracks; and
(b)
thatthecopyingisdonebyoronbehalfofapersonwho is to give, is giving, or has given the lesson or by or on behalfofapersonwhoistoreceive,isreceiving,orhas received the lesson; and
(c)
that no charge is made for the supply of a copy to any student or other person who is to receive, is receiving, or has received the lesson.
(3)
Copyright in
(a)
any work that is a sound recording; or
(b)
any work included in a sound recordingis not infringed by the copying of that work in the circumstances set out in subsection (4).
(4)
The circumstances referred to in subsection (3) are
(a)
that the copying is done
(i)
in the course of preparation for instruction; or
(ii)
for use in the course of instruction; or
(iii) in the course of instruction; or
(iv)
after the course of instruction,where the lesson
(v)
relates to the learning of a language; or
(vi)
is conducted by correspondence; and
(b)
thatthecopyingisdonebyoronbehalfofapersonwho is to give, is giving, or has given the lesson or by or on
behalfofapersonwhoistoreceive,isreceiving,orhas received the lesson; and
(c)
that no charge is made for the supply of a copy to any student or other person who is to receive, is receiving, or has received the lesson.

(5) Subsections (3) and (4) do not apply if or to the extent that licencesauthorisingthecopyingofaworkinthecircumstances setoutinsubsection(4)areavailableunderalicensingscheme and the person doing the copying knew that fact. Compare: Copyright, Designs and Patents Act 1988 s 32(2) (UK) Section45(1): substituted, on31October2008,bysection27 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

46 Anthologies for educational use

(1)
The copying of a short passage from a published work (being a literary, dramatic, or musical work) in a collection that
(a)
isintendedforuseineducationalestablishmentsandis sodescribedinitstitle,andinanyadvertisementsissued by or on behalf of the publisher of that collection; and
(b)
consistsmainlyofmaterialinwhichnocopyrightexists or in which copyright is owned by the publisher ofthat collection or the Crown
does not infringe copyright in the work if
(c)
the publisher of the work did not intend it to be used in such establishments; and
(d)
the passage is accompanied by a sufficient acknowledgement.
(2)
Subsection (1) does not authorise the copying of more than 2 passages from copyright works by the same author in collections published by the same publisher overany period of 5 years.
(3)
In relation to any given passage, the reference in subsection
(2)
to passages from copyright works by the same author
(a)
shallbetakentoincludepassagesfromcollectiveworks of which that author is one of the authors; and
(b)
ifthepassageinquestionisfromsuchacollectivework, shall be taken to include passages from works by any of the authors, whether alone or in collaboration with another.
(4)
Referencesinthissectiontotheuseofaworkinaneducational establishment are to any use for the educational purposes of such an establishment.
(5)
Subsection(1)doesnotapplytoaliteraryworkthatisacomputer program. Compare: 1962 No 33 s 19(6); Copyright, Designs and Patents Act 1988 s 33

(UK)

47 Performing, playing, or showing work in course of activities of educational establishment

(1) The performance of a literary, dramatic, or musical work beforeanaudienceconsistingofpersonswhoarestudentsorstaff members at an educational establishment or are directly connected with the activities of the establishment

(a)
by a student or staff member in the course of the activities of the establishment; or
(b)
at the establishment, by any person for the purposes of

instruction,isnotaperformanceinpublicforthepurposesof section32(1) .

(2)
The playing or showing, for the purposes of instruction, of a soundrecording,film,orcommunicationworktotheaudience described in subsection (1) at an educational establishment is notaplayingorshowingoftheworkinpublicforthepurposes of section 32(2).
(3)
For the purposes of this section, a person shall not be treated as a persondirectly connected with the activities of an educationalestablishment byreasononlythatthepersonisaparent or guardian of a student at that educational establishment. Compare: 1962 No 33 s 21(5); Copyright, Designs and Patents Act 1988 s 34

(UK)

Section47(2): substituted, on31October2008,bysection28 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

48 Copying and communication of communication work for educational purposes

(1)
This section applies when a copy of a communication work is
(a)
made or communicated by or on behalf of an educational establishment; or
(b)
made and supplied by an educational resource supplier to an educational establishment.
(2)
In any case to which subsection (1)(a) applies, the making or communication of a copy of the communication work by or onbehalfofaneducationalestablishment,andthesubsequent communication of the copy within the educational establishment, doesnot infringecopyright in the communicationwork or in any work included in it if the copy is made or communicated for the educational establishment’s educational purposes.
(3)
Inanycasetowhichsubsection(1)(b)applies,themakingand supplyofacopyofthecommunicationworkbyaneducational resourcesupplierdoesnotinfringecopyrightinthecommunication work or in any work included in it if the copy is made and supplied for the educational purposes of the educational establishment to which it is supplied.
(4)
However, the exclusions from infringement of copyright in subsections (2) and (3) do not apply to
(a)
thecopyingofacommunicationworkifortotheextent that
(i)
licences authorising the copying of the communication work by or on behalf of educational establishmentsorbyeducationalresourcesuppliers are available under a licensing scheme; and
(ii)
the educational establishment or the educational resource supplier, as the case may be, knew that fact; or
(b)
the communication of a communication work if or to the extent that
(i)
licences authorising the communication of the copy by or on behalf of educational establishments are available under a licensing scheme; and
(ii)
the educational establishment knew that fact; or
(c)
the supply of a communication work by an educational resource supplier if or to the extent that
(i)
licences authorising the supply of the communication work are available under a licensing scheme; and
(ii)
theeducationalresourcesupplierknewthatfact.

Section 48: substituted, on 31 October 2008, by section 29 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

49 Things done for purposes of examination

Copyright is not infringed by anything done for the purposes of an examination, whether by way of setting the questions, communicating the questions to the candidates, or answering the questions. Compare: 1962 No 33 s 21(4)(b); Copyright, Designs and Patents Act 1988

s 32(3) (UK)

Libraries and archives

50 Interpretation

(1) In sections51to56C ,unlessthecontextotherwiserequires,archive

(a)
means
(i)
Archives New Zealand (Te Rua Mahara o te Kāwanatanga); or
(ii)
the National Library; or
(iii) the sound archive maintained by Radio New Zealand Limited; or
(iv)
the film archive maintained by Television New Zealand Limited; or
(v)
the film archive maintained by the New Zealand Film Archive Incorporated; or
(vi)
any collection of documents (within the mean ing of section 2 of the Official Information Act 1982)ofhistoricalsignificanceorpublic interest thatisinthecustodyofandbeingmaintainedby a body, whether incorporated or unincorporated, thatdoesnotkeepandmaintainthecollectionfor the purpose of deriving a profit; and
(b)
includes, in relation only to its holding of public archives (within the meaning of section 4 of the Public Records Act 2005), an approved repository within the meaning of that section of that Act

prescribed library means

(a)
the National Library; or
(b)
the Parliamentary Library; or
(c)
every law library provided and maintained under sec tion375(1) oftheLawyersandConveyancersAct2006 or provided and maintained by the New Zealand Law Society; or
(d)
a library maintained by an educational establishment, government department, or local authority; or
(e)
alibraryofanyotherclassoflibraryprescribedbyregulations made under this Act, not being a library conducted for profit.

(2) In sections 51 to 56C, every reference to the librarian of a prescribedlibraryorthearchivistofanarchiveshallbereadas includingapersonactingonbehalfofthelibrarianorarchivist. Compare: Copyright, Designs and Patents Act 1988 s 37(6) (UK) Section 50(1): amended, on 31 October 2008, by section 30 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section50(1)archive paragraph(a)(i): substituted,on21April2005,bysection 67(1) of the Public Records Act 2005 (2005 No 40).

Section 50(1) archive paragraph (b): substituted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

Section50(1)prescribedlibraryparagraph(c): substituted,on1August2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Section 50(1) prescribed library paragraph (c): amended, on 7 July 2010, by section 4 of the Copyright Amendment Act 2010 (2010 No 55).

Section 50(2): amended, on 31 October 2008, by section 30 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

51 Copying by librarians of parts of published works

(1)
Thelibrarianofaprescribedlibrarymay,iftheconditionscontained in subsection (2) are complied with, make from a published edition (other than a published edition that is an article in a periodican( �/span>, for supply to any person, a copy of a reasonableproportionofanyliterary,dramatic,ormusicalwork,and may include in the copy any artistic work that appears within the proportion copied, without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.
(2)
The conditions referred to in subsection (1) are
(a)
that no person is supplied on the same occasion with more than 1 copy of the same material; and
(b)
that, where any person to whom a copy is supplied is requiredtopayforthecopy,thepaymentrequiredisno higher than a sum consisting of the total of the cost of productionofthecopyandareasonablecontributionto the general expenses of the library.
(3)
Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, thatpersonmayusethecopyonlyforthepurposesofresearch or private study.
(4)
Thissectiondoesnotapplytoaliteraryworkthatisacomputer program.
(5)
In this section, copy includes a digital copy, but in that case section 56B applies as well. Compare: 1962 No 33 s 21(1); Copyright, Designs and Patents Act 1988 s 39

(UK)

Section51(5): added,on31October2008,bysection31oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

52 Copying by librarians of articles in periodicals

(1)
Thelibrarianofaprescribedlibrarymay,iftheconditionscontainedinsubsection(2)arecompliedwith,makeforsupplyto any person a copy of
(a)
a literary, dramatic, or musical work, and any artistic work included in that work, that is contained in an article in a periodical; or
(b)
a published edition that is an article in a periodical,withoutinfringingcopyrightintheliterary,dramatic,musical, or artistic work or the typographical arrangement of the published edition.
(2)
The conditions referred to in subsection (1) are
(a)
that no person is supplied on the same occasion with more than 1 copy of the same article; and
(b)
that no person is supplied on the same occasion with copiesofmorethan1articlecontainedinthesameissue of a periodical, unless the copies supplied all relate to the same subject matter; and
(c)
that, where any person to whom a copy is supplied is requiredtopayforthecopy,thepaymentrequiredisno higher than a sum consisting of the total of the cost of

productionofthecopyandareasonablecontributionto the general expenses of the library.

(3)
Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, thatpersonmayusethecopyonlyforthepurposesofresearch or private study.
(4)
In this section, copy includes a digital copy, but in that case section 56B applies as well. Compare: 1962 No 33 s 21(1); Copyright, Designs and Patents Act 1988 s 38

(UK)

Section52(4): added,on31October2008,bysection32oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

53 Copying by librarians for users of other libraries

(1) Thelibrarianofaprescribedlibrarymay,iftheconditioncontained in subsection (2) is complied with, make from a publishededition,forsupplytoanotherprescribedlibrary, acopy of,

(a)
subjecttoparagraph(b),areasonableproportionofany literary, dramatic, or musical work (and the librarian may include in the copy any artistic work that appears within the proportion copied):
(b)
in relation to a literary, dramatic, or musical work that is contained in an article in a periodical,
(i)
the whole article and any artistic work included in that article; and
(ii)
if there is any other article in the same issue of theperiodicalrelatingtothesamesubjectmatter as the first article copied, the whole of that other article and any artistic work included in that article,

withoutinfringingcopyrightintheliterary,dramatic,musical, or artistic work or the typographical arrangement of the published edition.

(2)
Theconditionreferredtoinsubsection(1)isthatapersonhas requested the library to which the copy is being supplied to supply him or her with the copy for the purposes of research or private study.
(3)
Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, thatpersonmayusethecopyonlyforthepurposesofresearch or private study.
(4)
Thissectiondoesnotapplytoaliteraryworkthatisacomputer program.
(5)
In this section, copy includes a digital copy, but in that case section 56C applies as well. Section53(5): added,on31October2008,bysection33oftheCopyright(New

Technologies) Amendment Act 2008 (2008 No 27).

54 Copying by librarians for collections of other libraries

(1) Thelibrarianofaprescribedlibrarymay,iftheconditionscontained in subsection (2) are complied with, make a copy of a literary, dramatic, or musical work and any artistic work included in the work, where the copy is

(a)
from a published edition that is a book; and
(b)
for supply to the librarian of another prescribed li

brary,withoutinfringingcopyrightintheliterary,dramatic,musical, or artistic work or the typographical arrangement of the published edition.

(2)
Theconditionsreferredtoinsubsection(1)arethatthelibrarian to whom the copy of the work is supplied
(a)
hasbeenunabletoobtaintheworkatanordinarycommercialpricewithinthe6monthsprecedingthesupply; and
(b)
makesandkeepsarecordsufficienttoidentifythework copied; and
(c)
permits the inspection of the record by the copyright owner during normal office hours; and
(d)
pays, on demand, equitable remuneration to the copyright owner for the work copied.
(3)
Insubsection(2)(d),thetermequitableremunerationmeans a sum agreed by the librarian and the copyright owner or, in the absence of agreement, a sum determined by the Tribunal on an application under section 168.
(4)
Thissectiondoesnotapplytoaliteraryworkthatisacomputer program.
(5)
In this section, copy includes a digital copy, but in that case section 56C applies as well. Compare: 1962 No 3 s 21(2); Copyright, Designs and Patents Act 1988 s 41

(UK)

Section54(5): added,on31October2008,bysection34oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

55 Copying by librarians or archivists to replace copies of works

(1) The librarian of a prescribed library or the archivist of an archive may make a copy (other than a digital copy) of any iteminthecollectionofthelibraryorarchiveforthepurposes of

(a)
preservingorreplacingthatitembyplacingthecopyin the collection of the library or archive in addition to or in place of the item; or
(b)
replacinginthecollectionofanotherprescribedlibrary orarchiveanitemthathasbeenlost,destroyed,ordamaged,

withoutinfringingcopyrightinanyworkincludedintheitem.

(2)
Subsection (1) applies only where it is not reasonably practicable to purchase a copy of the item in question to fulfil the purpose.
(3)
The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item)inthecollectionofthelibraryorarchivewithoutinfringing copyright in any work included in the item if
(a)
the original item is at risk of loss, damage, or destruction; and
(b)
the digital copy replaces the original item; and
(c)
the original item is not accessible by members of the public after replacement by the digital copy except for purposesofresearchthenatureofwhichrequiresormay benefit from access to the original item; and
(d)
itisnotreasonablypracticabletopurchaseacopyofthe original item.
(4)
The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original

item)inthecollectionofthelibraryorarchivewithoutinfringing copyright in any work included in the item if

(a)
the digital copy is used to replace an item in the collection of another prescribed library or archive that has been lost, damaged, or destroyed; and
(b)
itisnotreasonablypracticabletopurchaseacopyofthe

original item. Compare: Copyright, Designs and Patents Act 1988 s 42 (UK)

Section55(1): amended,on31October2008,bysection35(1)oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 55(3): added, on 31 October 2008, by section 35(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 55(4): added, on 31 October 2008, by section 35(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

56 Copyingbylibrariansorarchivistsofcertainunpublished works

(1)
The librarian of a prescribed library or the archivist of an archive may, if the conditions contained in subsection (3) are complied with, copy for supply to any person a copy of an unpublishedworkinthelibraryorarchive,withoutinfringing copyright in that work.
(2)
Thissectiondoesnotapplyifthecopyrightownerhasprohibited copying of the work and at the time the copy is made the librarianorarchivistmakingitis,oroughttobe,awareofthat fact.
(3)
The conditions referred to in subsection (1) are
(a)
that no person is supplied on the same occasion with more than 1 copy of the same work; and
(b)
that, where any person to whom a copy is supplied is requiredtopayforthecopy,thepaymentrequiredisno higher than a sum consisting of the total of the cost of productionofthecopyandareasonablecontributionto the general expenses of the library or archive.
(4)
Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, thatpersonmayusethecopyonlyforthepurposesofresearch or private study.
(5)
Theprovisionsofthissectiondonotapplytothesoundarchive maintained by Radio New Zealand Limited, the film archive maintained by Television New Zealand Limited, or the film archivemaintainedbytheNewZealandFilmArchiveIncorporated.
(6)
In this section, copy includes a digital copy, but in that case section 56B applies as well. Compare: 1962 No 33 s 21(3); Copyright, Designs and Patents Act 1988 s 43

(UK)

Section56(6): added,on31October2008,bysection36oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

56A Library or archive may communicate digital copy to authenticated users

(1)
The librarian of a prescribed library or the archivist of an archive does not infringe copyright in a work by communicatingadigitalcopyoftheworktoanauthenticateduserifthe following conditions are met:
(a)
the librarian or archivist has obtained the digital copy lawfully; and
(b)
the librarian or archivist ensures that each user is informedinwritingaboutthelimitsofcopyingandcommunicationallowedbythisAct,includingthatadigital copyofaworkmayonlybecopiedorcommunicatedby the user in accordance with the provisions of this Act; and
(c)
the digital copy is communicated to the user in a form that cannot be altered or modified; and
(d)
the number of users who access the digital copy at any one time is notmorethantheaggregate number ofdigital copies of the work that
(i)
the library or the archive has purchased; or
(ii)
for which it is licensed.
(2)
In subsection (1), authenticated user means a person who
(a)
has a legitimate right to use the services of the library or archive; and
(b)
can access the digital copy only through a verification processthatverifiesthatthepersonisentitledtoaccess the digital copy.

Section56A:inserted,on31October2008,by section37 oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

56B Additionalconditionsforsupplyofcopyofworkindigital formatbylibrarianorarchivistundersection51,52,or56 A copy of a work to which section 51, 52, or 56 applies must not be supplied in a digital format, by the librarian of a prescribed library or the archivist of an archive, to a person (A) unless the following conditions are also complied with:

(a)
thelibrarianorarchivistmustgiveA,whenthecopyis supplied, a written notice that sets out the terms of use of the copy; and
(b)
the librarian or archivist must, as soon as is reasonably practicable, destroy any additional copy made in the process of making the copy that is supplied to A.

Section56B:inserted,on31October2008,by section37 oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

56C Additional condition for making digital copies under section 53 or 54 A copy of a work to which section 53 or 54 applies must not be supplied in a digital format to a library unless the librarian supplying the digital copy destroys, as soon as is reasonably practicable,anyadditionalcopymadeintheprocessofmaking the copy that is supplied. Section56C:inserted,on31October2008,by section37 oftheCopyright(New

Technologies) Amendment Act 2008 (2008 No 27).

57 Playing or showing sound recordings or films

(1)
ThesoundarchivemaintainedbyRadioNewZealandLimited mayplayasoundrecordingheldinthearchivetoanaudience consistingofmembersofthepublic,withoutinfringingcopyright in the sound recording or in any work included in the sound recording, if the condition contained in subsection (3) is complied with.
(2)
The film archive maintained by Television New Zealand Limited or by the New Zealand Film Archive Incorporated may show a film, and play any sound recording associated with the film, held in the archive to an audience consisting of
members of the public, without infringing copyright in the film or in any sound recording associated with the film or in any work included in the film or sound recording, if the condition contained in subsection (3) is complied with.
(3)
The condition referred to in subsections (1) and (2) is that, where any person is required to pay to
(a)
hear any sound recording played under subsection (1); or
(b)
seeanyfilmshown,andhearanysoundrecordingasso

ciated with the film played, under subsection (2),thepaymentrequiredisnomorethanareasonablecontribution towards the maintenance of the archive in which the sound recording or film is held.

(4) This section does not apply if or to the extent that licences authorisingtheplayingofasoundrecording,ortheshowingof afilmandtheplayingofasoundrecordingassociatedwiththe film, by an archive to which this section applies are available and if the archive knew that fact.

Public administration

58 Copying by Parliamentary Library for members of Parliament

(1)
AnofficeroftheParliamentaryLibrarymay,iftheconditions contained in subsection (3) are complied with, supply to any member of Parliament a copy of a literary or dramatic work, and any artistic work included in that work, without infringing copyright in that literary, dramatic, or artistic work or the typographical arrangement of a published edition.
(2)
AnofficeroftheParliamentaryLibrarymay,iftheconditions contained in subsection (3) are complied with, supply to any member of Parliament a recording of a communication work oratranscriptofarecordingofthecommunicationwork,without infringing copyright in the communication work or any work included in that communication work.
(3)
The conditions referred to in subsections (1) and (2) are
(a)
that no member of Parliament is supplied on the same occasion with more than 1 copy or recording or transcript, as the case may be, of the same material; and
(b)
that the copy or recording or transcript is required by thatmemberofParliamentforthepurposesofperforming his or her duties as such a member.

Section 58(2): amended, on 31 October 2008, by section 38 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

59 Parliamentary and judicial proceedings

(1)
Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings.
(2)
Copyright is not infringed by anything done for the purposes of reporting parliamentary or judicial proceedings. Compare: 1962No33ss19(4),20(7);Copyright,DesignsandPatentsAct1988

s 45 (UK)

60 Royal commissions and statutory inquiries

(1)
Copyright is not infringed by anything done for the purposes oftheproceedings ofaRoyalcommission,commission ofinquiry, ministerial inquiry, or statutory inquiry.
(2)
Copyright is not infringed by anything done for the purposes ofreportinganyproceedingsofaRoyalcommission,commissionofinquiry,ministerialinquiry,orstatutoryinquirythatare held in public.
(3)
Copyrightinaworkisnotinfringedbytheissuetothepublic ofcopiesofthereportofaRoyalcommission,commissionof inquiry,ministerialinquiry,orstatutoryinquirycontainingthe work or material from it. Compare: Copyright, Designs and Patents Act 1988 s 46 (UK)

61 Material open to public inspection or on official register

(1)
Subject to any Order in Council made under subsection (4), wherematerialisopentopublicinspectionorpublicreference pursuanttoastatutoryrequirement,orisonastatutoryregister, copyrightinthematerialisnotinfringedbythecopyingofthe material, by or with the authority of the appropriate person, forapurposethatdoesnotinvolvetheissuingofcopiestothe public.
(2)
Subject to any Order in Council made under subsection (4), wherematerialisopentopublicinspectionorpublicreference pursuanttoastatutoryrequirement,copyrightisnotinfringed
bythe copying or issuing tothe public of copiesofthematerial, by or with the authority of the appropriate person, for the purposeofenablingthematerialtobeinspectedatamoreconvenient time or place or otherwise facilitating the exercise of anyrightforthepurposeofwhichtherequirementisimposed.
(3)
Subject to any Order in Council made under subsection (4), where material that is open to public inspection or public referencepursuanttoastatutoryrequirement,orthatisonastatutory register, contains information about matters of general scientific, technical, commercial, or economic interest, copyrightisnotinfringedbythecopyingorissuingtothepublicof copiesofthematerial,byorwiththeauthorityoftheappropriate person, for the purpose of disseminatingthat information.
(4)
The Governor-General may from time to time, by Order in Council,providethatall oranyofsubsections(1) to(3)shall, in such cases as may be specified in the order, apply only to copies marked in such manner as may be so specified.
(5)
The Governor-General may from time to time, by Order in Council,providethatalloranyofsubsections(1)to(3)apply, tosuchextentandwithsuchmodificationsasmaybespecified in the order, in relation to
(a)
material made open to public inspection or public reference by
(i)
an international organisation specified in the order; or
(ii)
apersonspecifiedintheorderwhohasfunctions inNewZealandunderaninternationalagreement to which New Zealand is a party; or
(b)
a register maintained by an international organisation

specified in the order,asthoseprovisionsapplyinrelationtomaterialopentopublic inspection or public reference pursuant to a statutory requirement or by virtue of being on a statutory register.

(6) In this section,appropriate person means the person required to make the

material open to public inspection or public reference or, as the case may be, the person maintaining the register

statutory register means a register maintained pursuant to a

statutory requirement statutory requirement means a requirement imposed by a provision of an enactment. Compare: 1962No33s61;Copyright,DesignsandPatentsAct1988ss47,49

(UK)

62 Material communicated to the Crown in course of public business

(1)
This section applies where
(a)
aliterary,dramatic,musical,orartisticworkhas,inthe course of public business, been communicated to the Crown for any purpose, by or with the licence of the copyright owner; and
(b)
adocument(withinthemeaningof section2 oftheOfficialInformationAct1982)recordingorembodyingthe workisownedby,orisinthecustodyorcontrolof,the Crown.
(2)
The Crown may, for
(a)
the purpose for which the work was communicated to the Crown; or
(b)
any related purpose that could reasonably have been

anticipated by the copyright owner,copy the work, and issue copies of the work to the public, without infringing copyright in the work.

(3)
TheCrownmaynotcopyawork,orissuecopiesofaworkto the public, under this section if the work has previously been published otherwise than under this section.
(4)
In subsection (1), the term public business includes any activity carried on by the Crown.
(5)
Thissectionhaseffectsubjecttoanyagreementtothecontrary between the Crown and the copyright owner. Compare: Copyright, Designs and Patents Act 1988 s 48 (UK)

63 Use of copyright material for services of the Crown

(1)
Copyrightinaworkisnotinfringedbyanythingdoneinrelation to the work, by or on behalf of the Crown or any person authorised in writing by a government department,
(a)
for the purpose of national security or during a period of emergency; or
(b)
in the interests of the safety or health of the public or any members of the public.
(2)
Whereanyactisdoneundersubsection(1),theCrownshallbe liabletopay,outofmoneyappropriatedbyParliamentforthe purpose, equitable remuneration to the copyright owner upon suchtermsasmaybeagreeduponbetweentheCrownandthe copyright owner or, in the absence of agreement, upon such terms as shall be determined by the Tribunal.
(3)
No act to which subsection (1) applies shall
(a)
constitute publication of a work; or
(b)
affect the term of copyright in a work. Compare: 1962 No 33 s 53(1), (3), (4)

64 Rights of third parties in respect of Crown use

(1)
No provision of any assignment or licence in force between the copyright owner and a person other than a government department shall be effective to prevent any act being done in relation to a copyright work, where that act is done under section 63.
(2)
Where
(a)
an act is done under section 63; and
(b)
anexclusivelicenceisinforceinrespectoftheworkin

relation to which the act is done,the Crown shall be liable to pay, out of money appropriated by Parliament for the purpose, equitable remuneration to the licenseeuponsuchtermsasmaybeagreedbetweentheCrown and the licensee or, in the absence of agreement, upon such terms as shall be determined by the Tribunal.

(3) Where

(a)
apersonhasarightinrelationtoawork,byanylicence other than an exclusive licence; and
(b)
a payment is made, in respect of that work, under sec tion 63 to the copyright owner or under subsection (2) to the exclusive licensee,

the person is entitled to recover from the owner or exclusive licensee,asthecasemaybe,suchpartofanypaymentasmay beagreed betweenthatpersonandthecopyright owner orthe

69

exclusive licensee, as the case may be, or, in the absence of agreement, as shall be determined by the Tribunal. Compare: 1962 No 33 s 54

65 Proceedings against the Crown

(1)
Where any employee or agent of the Crown infringes copyright in a work, and the infringement is committed with the authority of the Crown, civil proceedings in respect of the infringement shall, subject to this Act, lie against the Crown under the Crown Proceedings Act 1950.
(2)
Nothinginsubsection(1)shallaffecttherightsoftheCrown, or any person authorised by a government department, under section 63. Compare: 1962 No 33 s 55(1), (2)

66 Acts done under statutory authority

(1)
Wherethedoingofaparticularactisspecificallyauthorisedby anenactment,thedoingofthatactdoesnotinfringecopyright, unless the enactment provides otherwise.
(2)
Nothinginthissectionshallbeconstruedasexcludinganydefence of statutory authority otherwise available under or pursuant to any enactment. Compare: Copyright, Designs and Patents Act 1988 s 50 (UK)

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

(1)
Copyright in a literary, dramatic, musical, or artistic work is not infringed by any act done at a time when, or in pursuance of arrangements made at a time when,
(a)
itisnotpossibleforapersonwhowishestodosotoascertaintheidentityoftheauthorbyreasonableinquiry; and
(b)
it is reasonable to assume
(i)
that copyright has expired; or
(ii)
that the author died 50 years or more before the beginningofthecalendaryearinwhichtheactis done or the arrangements are made.
(2)
Subsection (1)(b)(ii) does not apply in relation to
(a)
a work in which Crown copyright exists under section 26 ; or
(b)
a work
(i)
in which copyright originally vested in an inter national organisation under section 28; and
(ii)
in respect of which an order made under that section specifies a copyright period longer than 50 years.
(3)
In relation to a work of joint authorship,
(a)
thereferenceinsubsection(1)(a)toitsbeingpossibleto ascertaintheidentityoftheauthorshallbeconstruedas areferencetoitsbeingpossibletoascertaintheidentity of any of the authors; and
(b)
the reference in subsection (1)(b)(ii) to the author having died shall be construed as a reference to all the authors having died.

Compare: Copyright, Designs and Patents Act 1988 s 57 (UK)

68 Use of recording of spoken words in certain cases

(1) Where a recording of spoken words is made, in writing or otherwise, for the purpose of

(a)
reporting current events; or
(b)
communicating to the public the whole or part of the

work,itisnotaninfringementofcopyrightinthewordsasaliterary worktousetherecordingormaterialtakenfromit(ortocopy the recording, orany suchmaterial, and use thecopy)for that purpose,iftheconditionsinsubsection(2)arecompliedwith.

(2) The conditions referred to in subsection (1) are that

(a)
therecordingisadirectrecordofthespokenwordsand is not taken from a previous recording or from a communication work; and
(b)
the making of the recording was not prohibited by the speaker and, where copyright already existed in the work, did not infringe copyright; and
(c)
the use made of the recording or material taken from it isnotofakindprohibitedbyoronbehalfofthespeaker orcopyrightownerbeforetherecordingwasmade;and
(d)
the use is by or with the authority of a person who is

lawfully in possession of the recording. Compare: Copyright, Designs and Patents Act 1988 s 58 (UK)

Section68(1)(b): amended,on31October2008,bysection39(1)oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section68(2)(a): amended,on31October2008,bysection39(2) oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

69 Provision of Braille copies of literary or dramatic works

(1)
AbodyprescribedbyregulationsmadeunderthisActmay,if the conditions contained in subsection (2) are complied with, make or communicate copies or adaptations of published literary or dramatic works for the purpose of providing persons who have a print disability with copies that are in Braille or otherwise modified for their special needs, without infringing copyright in those literary or dramatic works.
(2)
The conditions referred to in subsection (1) are
(a)
that the prescribed body has made reasonable efforts to obtain a copy of the complete work, in Braille or otherwisemodifiedasrequiredbythepersonorpersons to whom it is to be provided, within a reasonable time atanordinarycommercialprice,buthasbeenunableto do so; and
(b)
that the copies are provided only to persons having a print disability; and
(c)
that, where any body makes a copy or adaptation of a published literary or dramatic work under this section, thebodyshall,assoonasisreasonablypracticable,take allreasonablestepstonotifytheownerofthecopyright intheworkofthemakingofthecopyoradaptation;and
(d)
that, where any person to whom a copy is provided is required to pay for the copy, the payment required is no higher than a sum consisting of the total cost of the productionofthecopyandareasonablecontributionto the general expenses of the prescribed body.
(3)
A body shall not be prescribed for the purposes of subsection
(1) if it is established or conducted for profit.
(4)
Forthepurposesofthissection,apersonhasaprintdisability if he or she
(a)
is blind; or
(b)
suffers severe impairment of his or her sight; or
(c)
is unable to hold or manipulate books; or
(d)
is unable to focus or move his or her eyes; or
(e)
suffers a handicap with respect to visual perception.

Section 69(1): amended, on 31 October 2008, by section 40 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

70 Public reading or recitation

(1)
The reading in public or recitation in public by 1 person of a reasonable extract from a published literary or dramatic work shallnotbetreatedasaperformanceinpublicforthepurposes of section32(1) ,ifthatreadingorrecitationisaccompaniedby a sufficient acknowledgement.
(2)
Copyrightinaworkisnotinfringedbythemakingofasound recording, or the communication to the public, of a reading or recitation that under subsection (1) is not treated as a performance in public, if the recording or communication work consistsmainlyofmaterialinrelationtowhichitisnotnecessary to rely on that subsection. Compare: 1962 No 33 s 19(8); Copyright, Designs and Patents Act 1988 s 59

(UK)

Section70(2): substituted, on31October2008,bysection41 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

71 Abstracts of scientific or technical articles Where an article on a scientific or technical subject is published in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of copyright in the abstract, or in the article, to copy the abstract or issue copies of the abstract to the public. Compare: Copyright, Designs and Patents Act 1988 s 60(1) (UK)

72 Recordings of folk songs

(1)
Asoundrecordingofaperformanceofasongmaybemadefor thepurposeofincludingthesonginanarchivemaintainedby abodyprescribedbyregulationsmadeunderthisAct,without infringing copyright in the words as a literary work or in the accompanying musical work, if the conditions in subsection
(2) are complied with.
(2)
The conditions referred to in subsection (1) are that
(a)
the words are unpublished and of unknown authorship at the time the recording is made; and
(b)
themakingoftherecordingdoesnotinfringeanyother copyright; and
(c)
the making of the recording is not prohibited by any performer.
(3)
Copies of a sound recording made in reliance on subsection (1)andincludedinanarchivemaintainedbyabodyprescribed by regulations made under this Act may, if the condition contained in subsection (4) is complied with, be made and supplied by the archivist without infringing copyright in the recording or the works included in it.
(4)
Theconditionreferredtoinsubsection(3)isthatnopersonis furnished with more than 1 copy of the same recording. Compare: Copyright, Designs and Patents Act 1988 s 61 (UK)

73 Representationofcertainartisticworksonpublicdisplay

(1)
This section applies to the following works:
(a)
buildings:
(b)
works(beingsculptures,modelsforbuildings,orworks of artistic craftsmanship) that are permanently situated in a public place or in premises open to the public.
(2)
Copyright in a work to which this section applies is not infringed by
(a)
copyingtheworkbymakingagraphicworkrepresenting it; or
(b)
copyingtheworkbymakingaphotographorfilmofit; or
(c)
communicatingtothepublicavisualimageofthework.
(3)
Copyrightisnotinfringedbytheissuetothepublicofcopies, or the communication to the public, of anything the making ofwhichwas,underthissection,notaninfringementofcopyright. Compare: Copyright, Designs and Patents Act 1988 s 62 (UK)

Section73(2)(c): substituted,on31October2008,bysection42(1)oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section 73(3): substituted, on 31 October 2008, by section 42(2) of the Copy right (New Technologies) Amendment Act 2008 (2008 No 27).

74 Special exception from protection of literary or artistic works

(1)
The making of any object in 3 dimensions (including, subject to subsection (2), a copy in 2 dimensions reasonably required for the making of the object) does not infringe copyright in a literary or artistic work, if the work or a copy of it forms part of
(a)
a patent specification that
(i)
is open to public inspection in the New Zealand Patent Officein respectofaNew Zealand patent that, for any reason, has ceased to have effect; and
(ii)
is used for the purpose of making the object; or
(b)
a representation or specimen of a design that
(i)
is open to public inspection in the New Zealand Patent Office in respect of a design for which registeredprotectioninNewZealandhasceased; and
(ii)
is used for the purpose of making the object.
(2)
Subsection (1) does not authorise
(a)
the making of a copy in 2 dimensions of an artistic work
(i)
to which subsection (1) applies; and
(ii)
that is in 2 dimensions,wherethecopyismadedirectlyfromthatartisticwork; or
(b)
themakingofacopyofaliteraryworktowhichsubsection (1) applies, where the copy is made directly from that literary work.
(3)
Whereapatentthathasceasedtohaveeffectisrestoredbyan order made under section 35 of the Patents Act 1953, nothing done pursuant to subsection (1) in the period beginning with the day on which the patent ceased to have effect and ending withthecloseofthedayonwhichtheorderismadeshallconstitute an infringement of copyright in any literary or artistic workorcopyoftheworkformingpartofthepatentspecification. Compare: 1962 No 33 s 20A; 1985 No 134 s 4

75 Special exception from protection of artistic work that has been applied industrially

(1)
The making of
(a)
any object in 3 dimensions; or
(b)
subject to subsection (3), a copy in 2 dimensions rea
sonably required for the making of the objectdoes not infringe copyright in an artistic work if, when the object or copy is made, the artistic work has been applied industrially, in New Zealand or in any other country, by or with the licence of the copyright owner,
(c)
inthecaseofaworkofartisticcraftsmanship,morethan 25 years before the object or copy is made:
(d)
in the case of a sculpture that is a cast or pattern for an object that has a primarily utilitarian function, more than 16 years before the object or copy is made:
(e)
subjecttosubsection(2),inthecaseofanyotherartistic work, more than 16 years before the object or copy is made.
(2)
Subsection (1) does not apply to
(a)
asculpturethatisnotacastorpatternforanobjectthat has a primarily utilitarian function; or
(b)
a work of architecture, being a building or a model for a building.
(3)
Subsection (1) does not authorise the making of a copy in 2 dimensions of an artistic work that is in 2 dimensions, where the copy is made directly from that artistic work.
(4)
For the purposes of subsection (1), an artistic work is applied industrially if
(a)
more than 50 copies in 3 dimensions are made of the work, for the purposes of sale or hire; or
(b)
theworkiscopiedin3dimensionsin1ormoreobjects manufacturedinlengths,forthepurposesofsaleorhire; or
(c)
the work is copied as a plate that has been used to produce
(i)
morethan50copiesofanobjectin3dimensions for the purpose of sale or hire; or
(ii)
1 or more objects in 3 dimensions manufactured in lengths for the purposes of sale or hire.
(5)
For the purposes of subsection (4), 2 or more copies in 3 dimensions that are of the same general character and intended for use together are a single copy. Compare: 1962 No 33 s 20B; 1985 No 134 s 5

76 Special exception from protection of literary and artistic works relating to medicines

Thecopyingoradaptationor publication of aliterarywork or anartisticworkdoesnotinfringecopyrightinthatworkifthat work

(a)
relates to a medicine that has been imported by the Crown pursuant to section 32A of the Medicines Act 1981; and
(b)
has been made, copied, published, adapted, or distributed, in an overseas country, by or with the licence of the owner of the copyright in the work in that country.

Compare: 1962 No 33 s 20C; 1990 No 71 s 5

77 Making of subsequent works by same artist

Wheretheauthorofanartisticworkisnotthecopyrightowner, he or she does not infringe copyright in that work by copying the work in making another artistic work, if the main design of the earlier work is not repeated or imitated. Compare: 1962 No 33 s 20(9); Copyright, Designs and Patents Act 1988 s 64

(UK)

78 Reconstruction of buildings Anything done for the purposes of reconstructing a building does not infringe copyright

(a)
in the building; or
(b)
in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.

Compare: 1962No33 s20(10);Copyright,DesignsandPatentsAct1988 s65 (UK)

Computer programs, sound recordings, andfilms

79 Rental by educational establishments and libraries Copyrightinawork(beingacomputerprogram,soundrecording, or film) is not infringed by the rental of that work to any personbyaneducationalestablishmentoraprescribedlibrary within the meaning of section 50, where

(a)
theeducationalestablishmentorprescribedlibrarydoes noteffecttherentaloftheworkforthepurposesofmaking a profit; and
(b)
the work that is the subject of the rental has previously been put into circulation with the licence of the copyright owner.

80 Back-up copy of computer program

(1)
Subject to subsection (3), copyright in a computer program is notinfringedbythemakingofacopyofthecomputerprogram if
(a)
the copy is made by or on behalf of the lawful user of thecopyoftheprogram(inthissectionreferredtoasthe original copy) from which the first-mentioned copy is made; and
(b)
thecopyismadesolelyforthepurposeofbeingusedby or on behalf of the lawful user of the original copy
(i)
instead of the original copy in order to preserve the original copy for use if the copy is lost, destroyed, or rendered unusable; or
(ii)
iftheoriginalcopyislost,destroyed,orrendered unusable.
(2)
If the original copy is lost, destroyed, or rendered unusable, the copy made pursuant to subsection (1) shall be deemed for the purposes of this section to be the original copy.
(3)
Subsection (1) does not apply to the making of a copy of a computer program
(a)
from an infringing copy of the computer program; or
(b)
contrary to an express direction by or on behalf of the owner of the copyright in the computer program given tothelawfuluseroftheoriginalcopynotlaterthanthe timewhenthelawfuluseroftheoriginalcopyacquired that original copy.
(4)
For the purposes of this section,
(a)
areferencetoacomputerprogramincludesareference to an adaptation of that program; and
(b)
a reference to a copy of a computer program is a reference to any object in which the program is reproduced in a material form; and
(c)
areferencetoanexpressdirection,inrelationtoacopy ofacomputerprogram,includesareferencetoaclearly legibledirectionprintedonthecopyoronapackagein which the copy is supplied.

Compare: Copyright Act 1968 s 43A (Aust)

80A Decompilation of computer program

(1)
The lawful user of a copy of a computer program expressed inalowlevellanguagedoesnotinfringecopyrightintheprogrambydecompilingit,iftheconditionsinsubsection(2)are met.
(2)
The conditions referred to in subsection (1) are that
(a)
decompilationisnecessarytoobtaininformationnecessary for the objective of creating an independent programthatcanbeoperatedwiththeprogramdecompiled or with another program; and
(b)
the information obtained from the decompilation is not used for any purpose other than the objective referred to in paragraph (a).
(3)
In particular, the conditions in subsection (2) are not met if
(a)
theinformationnecessarytocreatetheindependentprogram is readily available to the lawful user without de-compiling the computer program; or
(b)
the lawful user does not confine decompilation of the computerprogramstrictlytothestepsthatarenecessary to create an independent program; or
(c)
thelawfulusergivestheinformationobtainedfromdecompilingthecomputer programtoanyperson when it isnotnecessaryforcreatinganindependentprogramto do so; or
(d)
the lawful user uses the information obtained from de-compiling the computer program to create a program that is substantially similar in its expression to the program that has been decompiled; or
(e)
the lawful user uses the information obtained from de-compiling the computer program to do any act that is restricted by copyright.
(4)
In this section, decompile means
(a)
toconvertacomputerprogramexpressedinalowlevel language into a versionexpressed inahigher level language; or
(b)
tocopytheprogramasanecessaryincidentofconverting it into that version.

Section80A:inserted,on31October2008,by section43 oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

80B Copying or adapting computer program if necessary for lawful use

(1)
The lawful user of a computer program (A) does not infringe copyright in it by copying or adapting it, if
(a)
copying or adapting it is necessary for A’s lawful use of the program (for example, to correct an error in the program); and
(b)
a properly functioning and error-free copy of the program is not available to A within a reasonable time at an ordinary commercial price.
(2)
Thissectiondoesnotapplytocopyingoradaptingthatisper mitted under section 80A or 80C.

Section80B:inserted,on31October2008,by section43 oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

80C Observing, studying, or testing of computer program The lawful user of a computer program (A) does not infringe copyright in it by observing, studying, or testing the functioning of the program in order to determine the ideas and principles that underlie any element of the program if A does so while performing the acts of loading, displaying, running, transmitting, or storing the program that A is entitled to do. Section80C:inserted,on31October2008,by section43 oftheCopyright(New

Technologies) Amendment Act 2008 (2008 No 27).

80D Certain contractual terms relating to use of computer programs have no effect A term or condition in an agreement for the use of a computerprogramhasnoeffectinsofarasitprohibitsorrestricts any activity undertaken in accordance with section 80A(2) or 80B(1) . Section80D:inserted,on31October2008,by section43 oftheCopyright(New

Technologies) Amendment Act 2008 (2008 No 27).

81 Playing of sound recordings for purposes of club, society, etc

(1)
It is not an infringement of copyright in a sound recording to play the sound recording as part of the activities of, or for the benefit of, a club, society, or other organisation, if the conditions contained in subsection (2) are complied with.
(2)
The conditions referred to in subsection (1) are
(a)
that the club, society, or organisation is not established or conducted for profit; and
(b)
that the main objects of the club, society, or organisation are charitable or are otherwise concerned with the advancement of religion, education, or social welfare; and
(c)
that the proceeds of any charge for admission to the place where the recording is to be heard are applied

solely for the purposes of the club, society, or organisation.

Compare: 1962 No 33 s 13(6); Copyright, Designs and Patents Act 1988 s 67

(UK)

81A Copying sound recording for personal use

(1)
Copyright in a sound recording and in a literary or musical work contained in it is not infringed by copying the sound recording, if the following conditions are met:
(a)
the sound recording is not a communication work or part of a communication work; and
(b)
the copy is made from a sound recording that is not an infringing copy; and
(c)
the sound recording is not borrowed or hired; and
(d)
the copy is made by the owner of the sound recording; and
(e)
that owner acquired the sound recording legitimately; and
(f)
the copy is used only for that owner’s personal use or thepersonaluseofamemberofthehouseholdinwhich the owner lives or both; and
(g)
no more than 1 copy is made for each device for playing sound recordings that is owned by the owner of the sound recording; and
(h)
theownerofthesoundrecordingretainstheownership ofboththesoundrecordingandofanycopythatismade under this section.
(2)
For the avoidance of doubt, subsection (1) does not apply if the owner of the sound recording is bound by a contract that specifiesthecircumstancesinwhichthesoundrecordingmay be copied. Section81A:inserted,on31October2008,by section44 oftheCopyright(New

Technologies) Amendment Act 2008 (2008 No 27).

Communication works

Heading: substituted,on31October2008,bysection45oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

82 Recording for purposes of maintaining standards in programmes

The author of a communication work does not infringe copyright in it, or in any work includedin it, by recording it, if the recording is made and used solely for the purpose of checking onthe maintenance ofstandards in communication works made by the author. Section 82: substituted, on 31 October 2008, by section 45 of the Copyright

(New Technologies) Amendment Act 2008 (2008 No 27).

83 Recording for purposes of complaining

(1)
A person (A) does not infringe copyright in a communication work,orinanyworkincludedinit,byrecordingitorcommunicatingit or bothto acomplaint authority, iftherecording or the communication or both are done solely for the purpose of complaining to a complaint authority.
(2)
However, subsection (1) does not apply, and A does infringe copyright in the communication work recorded and in any work included in the recording, if A retains the recording for any longer than is reasonably necessary to prepare and despatch the complaint.
(3)
If a person infringes copyright under subsection (2), the recording is treated as an infringing copy.
(4)
In this section and in section 84, complaint authority means any person or body that is responsible for dealing with complaints about the content of communication works, including the content of advertisements in communication works. Section 83: substituted, on 31 October 2008, by section 45 of the Copyright

(New Technologies) Amendment Act 2008 (2008 No 27).

84 Recording for purposes of time shifting

(1)
A person (A) does not infringe copyright in a programme included in a communication work, or in any work included in it, by recording it, if
(a)
AmakestherecordingsolelyforA’spersonaluseorthe personal use of a member of the household in which A lives or both; and
(b)
Amakestherecordingsolelyforthepurposeofviewing or listening to therecording atamore convenienttime; and
(c)
the recording is not made from an on-demand service; and
(d)
A has lawful access to the communication work at the time of making the recording.
(2)
However, subsection (1) does not apply, and A does infringe copyright in the communication work recorded and in any work included in the communication work, if
(a)
Aretainstherecordingforanylongerthanisreasonably necessary for viewing or listening to the recording at a more convenient time; or
(b)
in the event that the person who views or listens to the recording wishes to make a complaint to a complaint authority,A retains therecording foranylonger thanis reasonably necessary to prepare and despatch the complaint.
(3)
If a person infringes copyright under subsection (2), the recording is treated as an infringing copy.

Example

A records a movie to be screened on television because she will beatworkwhenitscreens. Shewatchesthemovieontheweekendandthenlatertapesoverit. Providedtheconditionsins84(1) are met, the copy that A makes is not an infringing copy.

BcopiesmusicfromastreamedInternetaudioserviceandkeeps the copy as part of B’s music collection, in order to listen to it multiple times on demand. Copies made for the home library or collection in this way are infringing copies.

Section 84: substituted, on 31 October 2008, by section 45 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

85 Incidental recording for purposes of communication

(1)
This section applies where, under an assignment or a licence, apersonisauthorisedtocommunicatethefollowingworksto the public:
(a)
a literary, dramatic, or musical work, or an adaptation of that work; or
(b)
an artistic work; or
(c)
a sound recording or film.
(2)
Wherethissectionapplies,thepersonsoauthorisedmay,without the consent of the copyright owner but only if the conditions contained in subsection (3) are complied with, do or authorisethedoingofanyofthefollowingactsforthepurposes of the communication work:
(a)
inthecaseofaliterary,dramatic,ormusicalwork,oran adaptationofsuch awork, copy the workoradaptation by making a sound recording or film of the work or adaptation:
(b)
inthecaseofanartisticwork,copytheworkbytaking a photograph or making a film of the work:
(c)
in the case of a sound recording or a film, make a copy of the recording or film.
(3)
The conditions referred to in subsection (2) are
(a)
thattherecording,film,photograph,orcopyisnotused for any other purpose; and
(b)
that the recording, film, photograph, or copy is destroyed within 6 months of being first used for communicating the work to the public, unless the Minister has authorised the preservation of any recording, film, photograph, or copy in the records of a government department or in Archives New Zealand (Te Rua Ma-hara o te Kāwanatanga) because of its documentary character or exceptional importance.
(4)
A recording, film, photograph, or copy made in accordance with this section shall be treated as an infringing copy
(a)
for the purposes of any use in breach of the condition contained in subsection (3)(a); and
(b)
for all purposes after either of the conditions contained in subsection (3) is broken.

Compare: 1962 No 33 s 19(9), (10); Copyright, Designs and Patents Act 1988 s 68 (UK)

Section 85 heading: amended, on 31 October 2008, by section 46(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 85(1): substituted, on 31 October 2008, by section 46(2) of the Copy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section85(2): amended,on31October2008,bysection46(3)oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section85(3)(b): amended,on31October2008,bysection46(4)oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section 85(3)(b): amended, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

86 Photographsoftelevisionbroadcastsorcableprogrammes

[Repealed]

Section86: repealed,on31October2008,bysection47oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

87 Free public playing or showing of broadcast or cable programme

(1)
The playing in public or showing in public of a broadcast (other than a broadcast to which subsections (4) to (7) apply) orcable programmetoan audience who have notpaidfor admission to the place where the broadcast or cable programme is to be heard or seen does not infringe any copyright in
(a)
the broadcast or cable programme; or
(b)
any sound recording or film included in the broadcast or programme.
(2)
For the purposes of subsection (1), the audience shall be treated as having paid for admission to a place
(a)
iftheyhavepaidforadmissiontoaplaceofwhichthat place forms part; or
(b)
ifgoodsorservicesaresuppliedatthatplace,oraplace of which that place forms part,
(i)
at prices that are substantially attributable to the facilitiesaffordedforhearingorseeingthebroadcast or cable programme; or
(ii)
at prices exceeding those usually charged there and that are partly attributabletothosefacilities; or
(c)
if the place is a hotel, motel, camping ground, or any otherplacethatadmitspersonsforafeeforthepurposes ofobtainingaccommodationofatemporarynatureand they are persons residing at the hotel, motel, camping ground, or other place.
(3)
Forthepurposesofsubsection(1),thefollowingpersonsshall not be treated as having paid for admission to a place:
(a)
persons admitted as residents or inmates of a place (other than a hotel, motel, camping ground, or other place to which subsection (2)(c) applies):
(b)
personsadmittedasmembersofacluborsocietywhere thepaymentisonlyformembershipofthecluborsociety and the provision of facilities for hearing or seeing broadcastsorcableprogrammesisonlyincidentaltothe main purposes of the club or society.
(4)
Subsections(5)to(7)applyinrespectoftheplayingorshowing of a broadcast
(a)
that is made for reception in the area in which it is played or shown; and
(b)
thatisnotasatellitetransmissionoranencryptedtransmission; and
(c)
that is shown or played simultaneously upon reception of the transmission of the broadcast.
(5)
The playing in public or showing in public of a broadcast to whichsubsection(4)appliestoanaudiencewhohavenotpaid for admission to the place where the broadcast is to be heard or seen does not infringe any copyright in
(a)
the broadcast; or
(b)
any sound recording or film included in the broadcast.
(6)
For the purposes of subsection (5), the audience shall be treated as having paid for admission to a place
(a)
iftheyhavepaidforadmissiontoaplaceofwhichthat place forms part; or
(b)
ifgoodsorservicesaresuppliedatthatplace,oraplace of which that place forms part,
(i)
at prices that are substantially attributable to the facilitiesaffordedforhearingorseeingthebroadcast; or
(ii)
at prices exceeding those usually charged there and that are partlyattributable to those facilities.
(7)
Forthepurposesofsubsection(5),thefollowingpersonsshall not be treated as having paid for admission to a place:
(a)
persons admitted as residents or inmates of a place (including, without limitation, persons residing in a hotel, motel, camping ground, or any other place that admits
persons for a fee for the purposes of obtaining accommodation of a temporary nature):
(b)
personsadmittedasmembersofacluborsocietywhere thepaymentisonlyformembershipofthecluborsociety and the provision of facilities for hearing or seeing broadcastsorcableprogrammesisonlyincidentaltothe main purposes of the club or society.
(8)
Where the making of the broadcast or inclusion of the programmeinacableprogrammeservicewasaninfringementof the copyright in a sound recording or film, the fact that the broadcast or programme was heard or seen in public by the reception of the broadcast or cable programme shall be taken into account in assessing the damages for that infringement. Compare: Copyright, Designs and Patents Act 1988 s 72 (UK)

88 Reception and retransmission of broadcast in cable programme service

(1)
This section applies where a broadcast made from a place in New Zealand is, by reception and immediate retransmission, included in a cable programme service.
(2)
Where this section applies,
(a)
copyright in the broadcast is not infringed if and to the extent that the broadcast
(i)
is made for reception in the area in which the cable programme service is provided; and
(ii)
is not a satellite transmission or an encrypted transmission:
(b)
copyright in any work included in the broadcast is not infringed ifand totheextent thatthebroadcastismade for reception in the area in which the cable programme service is provided:
(c)
wherethemakingofthebroadcastwasaninfringement of the copyright in any work included in the broadcast, the fact that the broadcast was retransmitted as a programme in a cable programme service shall be taken intoaccountinassessingthedamages forthatinfringement.
(3)
This section does not apply if or to the extent that licences authorising the reception and immediate retransmission of a
broadcastandanyworkincludedinthebroadcastareavailable to the person providing the cable programme service under a licensing scheme and the person providing the cable programme service knew that fact.
(4)
For the purposes of this section only,
(a)
sections 3 and 4 of this Act before repeal by the Copy right (New Technologies) Amendment Act 2008 con tinue toapplyasif theyhad notbeen repealed and as if references in those provisions to “this Actwere references to this section; and
(b)
the definition of broadcast in section 2(1) of this Act before repeal by the Copyright (New Technologies) Amendment Act 2008 continues to apply as if that definition had not been repealed.

Compare: 1962No33s60;Copyright,DesignsandPatentsAct1988s73(UK)

Section88(4): added,on31October2008,bysection49oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

89 Provision of subtitled copies of communication work

(1)
AbodyprescribedbyregulationmadeunderthisActmay,for thepurposeof providingpeoplewhoare deaforhardofhearing, or physically or mentally disabled in any other way, with copiesthataresubtitledorotherwisemodifiedfortheirspecial needs,makecopiesofacommunicationworkandissuecopies tothepublic, without infringing anycopyrightinthecommunication work or in any work included in the communication work.
(2)
A body must not be prescribed for the purposes of subsection

(1) if it is established or conducted for profit.

Section 89: substituted, on 31 October 2008, by section 50 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

90 Recording for archival purposes

(1)
A person (A) does not infringe copyright in a communication work, or in any workincluded init, by recording itormaking a copy of a recording of it, if
(a)
thecommunicationworkisinaclassofcommunication work prescribed by regulations made under this Act; and
(b)
A makes the recording or the copy for the purpose of placingitinanarchivemaintainedbyabodyprescribed by regulations made under this Act.
(2)
A body shall not be prescribed for the purposes of subsection

(1) if it is established or conducted for profit. Compare: Copyright, Designs and Patents Act 1988 s 75 (UK)

Section90(1): substituted, on31October2008,bysection51 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

91 Recording by media monitors

(1)
Thissectionappliestoarecording,oratranscriptofarecording,ofacommunicationworkthatconsistswhollyorsubstantially of news or reports or discussions of current events.
(1A) Thepersonwhomakestherecordingortranscriptdoesnotinfringe copyright in the communication work, or in any work includedinthecommunicationwork,iftheconditionsinsubsection (2) are complied with.
(2)
The conditions referred to in subsection (1A) are
(a)
that the recording
(i)
is played solely to enable the making of a transcript of it; and
(ii)
is destroyed as soon as is reasonably practicable after the transcript is made and not later than 1 month after the recording is made; and
(b)
that the transcript of the recording is made only
(i)
by or on behalf of the person who made the recording; and
(ii)
for the use of that person or in response to a request from another person for a transcript of the recording; and
(c)
that copies of the transcript are made only
(i)
by or on behalf of the person who made the recording; and
(ii)
for the use of that person or in response to a request from another person for a copy of a transcript of the recording; and
(d)
that the person who made the recording pays equitable remuneration to the copyright owner.
(3)
Insubsection(2)(d),thetermequitableremunerationmeans a sum agreed by the person who makes the recording and the copyrightowneror,intheabsenceofagreement,asumdeter mined by the Tribunal on an application under section 168.
(4)
This section does not apply if or to the extent that licences authorising the recording of the communication work and the making of transcripts of the recordings are available under a licensing scheme and the person making the recording knew that fact. Section 91(1): substituted, on 31 October 2008, by section 52(1) of the Copy

right (New Technologies) Amendment Act 2008 (2008 No 27).

Section91(1A):inserted,on31October2008,by section52(1) oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section91(2): amended,on31October2008,bysection52(2)oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section91(4): amended,on31October2008,bysection52(3)oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Adaptations

92 Adaptations

An act that under this Act may be done without infringing copyright in a literary, dramatic, or musical work does not, wherethatworkisanadaptation,infringeanycopyrightinthe work from which the adaptation was made. Compare: Copyright, Designs and Patents Act 1988 s 76 (UK)

Internet service provider liability

Heading: inserted, on 31 October 2008, by section 53 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

92A Internetserviceprovidermusthavepolicyforterminating accounts of repeat infringers

(1)
AnInternetserviceprovidermustadoptandreasonablyimplementapolicythatprovidesfortermination,inappropriatecircumstances, oftheaccount with that Internet service provider of a repeat infringer.
(2)
In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more

oftheInternetservicesoftheInternetserviceprovidertodoa restricted act without the consent of the copyright owner. Section92A: inserted (butnotyetinforce),on31October2008, by section 53

of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

92B Internet service provider liability if user infringes copyright

(1)
Thissectionappliesifaperson(A)infringesthecopyrightina workbyusing1ormoreoftheInternetservicesofanInternet service provider to do a restricted act without the consent of the copyright owner.
(2)
MerelybecauseAusestheInternetservicesoftheInternetservice provider in infringing the copyright, the Internet service provider, without more,
(a)
does not infringe the copyright in the work:
(b)
must not be taken to have authorised A’s infringement of copyright in the work:
(c)
subjecttosubsection(3),mustnotbesubjecttoanycivil remedy or criminal sanction.
(3)
However, nothing in this section limits the right of the copyright owner to injunctive relief in relation to A’s infringement or any infringement by the Internet service provider.
(4)
In subsections (1) and (2), Internet services means the services referred to in the definition of Internet service provider in section 2(1). Section92B:inserted,on31October2008,by section53 oftheCopyright(New

Technologies) Amendment Act 2008 (2008 No 27).

92C Internet service provider liability for storing infringing material

(1)
This section applies if
(a)
anInternetserviceproviderstoresmaterialprovidedby a user of the service; and
(b)
the material infringes copyright in a work (other than as a result of any modification by the Internet service provider).
(2)
The Internet service provider does not infringe copyright in the work by storing the material unless
(a)
the Internet service provider
(i)
knows or has reason to believe that the material infringes copyright in the work; and
(ii)
does not, as soon as possible after becoming aware of the infringing material, delete the material or prevent access to it; or
(b)
theuseroftheservicewhoprovidedthematerialisacting on behalf of, or at the direction of, the Internet service provider.
(3)
Acourt,indeterminingwhether,forthepurposesofsubsection (2),anInternetserviceproviderknowsorhasreasontobelieve thatmaterialinfringescopyright inawork,musttakeaccount of all relevant matters, including whether the Internet service provider has received a notice of infringement in relation to the infringement.
(4)
An Internet service provider who deletes a user’s material or prevents access to it because the Internet service provider knows or has reason to believe that it infringes copyright in a work must, as soon as possible, give notice to the user that the material has been deleted or access to it prevented.
(5)
Nothinginthissectionlimitstherightofthecopyrightowner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider. Section92C:inserted,on31October2008,by section53 oftheCopyright(New

Technologies) Amendment Act 2008 (2008 No 27).

92D Requirements for notice of infringement

A notice referred to in section 92C(3) must

(a)
containtheinformationprescribedbyregulationsmade under this Act; and
(b)
be signed by the copyright owner or the copyright owner’s duly authorised agent.

Section92D:inserted,on31October2008,by section53 oftheCopyright(New Technologies) Amendment Act 2008 (2008 No 27).

92E Internet service provider does not infringe copyright by caching infringing material

(1)
An Internet service provider does not infringe copyright in a work by caching material if the Internet service provider
(a)
does not modify the material; and
(b)
complieswithanyconditionsimposedbythecopyright owner of the material for access to that material; and
(c)
does not interfere with the lawful use of technology to obtain data on the use of the material; and
(d)
updates the material in accordance with reasonable industry practice.
(2)
However,anInternetserviceproviderdoesinfringecopyright in a work by caching material if the Internet service provider does not delete the material or prevent access to it by users as soon as possible after the Internet service provider became aware that
(a)
the material has been deleted from its original source; or
(b)
access to the material at its original source has been prevented; or
(c)
a court has ordered that the material be deleted from its original source or that access to the material at its original source be prevented.
(3)
Nothinginthissectionlimitstherightofthecopyrightowner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider.
(4)
In this section,

cache means the storage of material by an Internet service provider that is

(a)
controlled through an automated process; and
(b)
temporary; and
(c)
for the sole purpose of enabling the Internet service provider to transmit the material more efficiently to other users of the service on their request

originalsourcemeansthesourcefromwhichtheInternetservice provider copied the material that is cached. Section92E:inserted,on31October2008,by section53 oftheCopyright(New

Technologies) Amendment Act 2008 (2008 No 27).

Subsequent dealings

93 Subsequent dealings with copies made under this Part

(1)
Where a copy that would otherwise be an infringing copy
(a)
is either
(i)
madeinaccordancewithanyoftheprovisionsof this Act referred to in subsection (2); or
(ii)
madeinaccordancewithanyoftheprovisionsof this Act referred to in subsection (2) and, where the provision in accordancewith which the copy is madeallows thecopytobe dealtwith, is dealt with; and
(b)
is subsequently dealt with,it shall be treated as an infringing copy
(c)
for the purposes of the dealing referred to in paragraph (b), unless that dealing is an authorised dealing; and
(d)
for the purposes of any dealing that is subsequent to thedealingreferredtoinparagraph(b),unlessthefirstmentioned dealing is an authorised dealing.
(2)
The provisions referred to in subsection (1) are as follows:
(a)
section 43A (which relates to transient reproduction of work):
(b)
section44 (whichrelatestocopyingforeducationalpurposesofliterary, dramatic, musical, orartisticworksor typographical arrangements):
(c)
section 44A (which relates to storing for educational purposes):
(d)
section45 (whichrelatestocopyingforeducationalpurposes of films and sound recordings):
(e)
section 48 (which relates to recording by educational establishments of communication works):
(f)
section49 (whichrelatestothingsdoneforthepurposes of an examination):
(g)
section 51 (which relates to copying by librarians of parts of published works):
(h)
section 52 (which relates to copying by librarians of articles in periodicals):
(i)
section 53 (which relates to copying by librarians for users of other libraries):
(j)
section 55 (which relates to copying by librarians or archivists to replace copies of works):
(k)
section 56 (which relates to copying by librarians or archivists of certain unpublished works):
(l)
sections56Ato56C (whichrelatetoaccesstoandcopying of works in digital format):
(m)
section 58 (which relates to copying by the Parliamen tary Library for members of Parliament):
(n)
section 69 (which relates to the provision of Braille copies of literary or dramatic works):
(o)
section80A (whichrelatestothedecompilationofcomputer programs):
(p)
section80B (whichrelatestocopyingoradaptingcomputer programs if necessary for lawful use):
(q)
section81A (whichrelatestocopyingsoundrecordings for private and domestic use):
(r)
section 83 (which relates to recording for the purposes of complaining):
(s)
section 84 (which relates to recording for the purposes of time shifting):
(t)
section 90 (which relates to recording for archival pur poses):
(u)
section 92C (which relates to Internet service provider liability for storing infringing materian( �/span>:
(v)
section 92E (which relates to Internet service provider liability for caching infringing materian( �/span>.
(3)
In subsection (1), the term dealt with means
(a)
sold or let for hire in the course of a business or otherwise; or
(b)
offered or exposed for sale or hire in the course of a

business. Compare: Copyright,DesignsandPatentsAct1988ss32(5),35(3),36(5)(UK)

Section93(2): substituted, on31October2008,bysection54 oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

Part 4 Moral rights

Right to be identified as author or director

94 Right to be identified as author or director

(1) Subject to section 97,

(a)
the author of a literary, dramatic, musical, or artistic workthatisacopyrightworkhastherighttobeidentified as the author of the work; and
(b)
the director of a film that is a copyright work has the

right to be identified as the director of the work,in the circumstances described in this section, but the right is not infringed unless it has been asserted in accordance with section 96.

(2)
Theauthorofaliterarywork(otherthanwordsintendedtobe sung or spoken with music) or a dramatic work has the right to be identified as the author of the work whenever
(a)
theworkispublishedcommercially,performedinpublic, or communicated to the public; or
(b)
copies of a film or sound recording including the work are issued to the public.
(3)
The author of
(a)
aliterarywork(otherthanwordsintendedtobesungor spoken with music); or
(b)
a dramatic workfromwhichanadaptationismadehastherighttobeidentified as the author of the work from which the adaptation is made wheneveranyoftheeventsdescribedinsubsection(2)occurs in relation to the adaptation of the work.
(4)
Theauthorofamusicalwork,oraliteraryworkconsistingof wordsintendedtobesungorspokenwithmusic,hastheright to be identified as the author of the work whenever
(a)
the work is published commercially; or
(b)
copies of a sound recording of the work are issued to the public; or
(c)
a film whose soundtrack includes the work is shown in public; or
(d)
copies of such a film are issued to the public.
(5)
The author of
(a)
a musical work; or
(b)
aliteraryworkconsistingofwordsintendedtobesung

or spoken with musicfromwhichanadaptationismadehastherighttobeidentified as the author of the work from which the adaptation is made wheneveranyoftheeventsdescribedinsubsection(4)occurs in relation to the adaptation of the work.

(6)
The author of an artistic work has the right to be identified as the author of the work whenever
(a)
theworkispublishedcommerciallyorexhibitedinpublic; or
(b)
avisualimageoftheworkiscommunicatedtothepublic; or
(c)
afilmincludingavisualimageoftheworkisshownin public; or
(d)
copies of such a film are issued to the public; or
(e)
in the case of a sculpture, a work of architecture in the form of a building or a model for a building, or a work of artistic craftsmanship, copies of a graphic work representing the work, or of a photograph of the work, are issued to the public.
(7)
The author of a work of architecture in the form of a building has the right to be identified as such on the building as constructed or, where more than 1 building is constructed to the design, on the first to be constructed.
(8)
The director of a film has the right to be identified as the director of the film whenever
(a)
thefilmisshowninpublicorcommunicatedtothepublic; or
(b)
copies of the film are issued to the public. Compare: Copyright, Designs and Patents Act 1988 s 77(1)–(6), (9) (UK)

Section94(2)(a): amended,on31October2008,bysection55(1) oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section94(6)(b): amended,on31October2008,bysection55(2)oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section94(8)(a): substituted,on31October2008,bysection55(3)oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

95 Content of right to be identified

(1) Therightconferredby section94 onanauthorordirectorisas follows:

(a)
in the case of commercial publication, or the issue to the public of copies of a film or sound recording, to be identified clearly and reasonably prominently
(i)
in or on each copy published commercially or issued, as the case may be; or
(ii)
if identification in or on each copy is not appropriate,insomeothermannerlikelytobringhisor heridentitytotheattentionofapersonacquiring a copy:
(b)
in the case of identification on a building, to be identifiedbyappropriatemeansvisibletopersonsenteringor approaching the building:
(c)
in any other case, to be identified clearly and reasonably prominently in a manner likely to bring his or her identity to the attention of a person seeing or hearing the performance, exhibition, showing, communication work, graphic work, or photograph.

(2) For the purposes of subsection (1), if the author or director, in asserting his or her right to be identified, specifies a pseudonym, initials, or some other particular form of identification, that form shall be used, but, in any other case, any reasonable form of identification may be used. Compare: Copyright, Designs and Patents Act 1988 s 77(7), (8) (UK) Section95(1)(c): amended,on31October2008,bysection56oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

96 Right must be asserted

(1)
A person does not infringe the right conferred by section 94 by failing, in the circumstances described in that section, to identify the author as the author of the work or to identify the directorasthedirectorofthework,asthecasemaybe,unless therighthas beenassertedunderthis sectioninsuchaway as to require that person to so identify the author or director.
(2)
The right may be asserted generally, or in relation to any specified circumstances,
(a)
onanassignmentofcopyrightinthework,byincluding in the instrument effecting the assignment a statement thattheauthorordirectorassertsinrelationtothatwork hisorherrighttobeidentifiedastheauthorordirector, as the case may be; or
(b)
at any time, by instrument in writing signed by the author or director.
(3)
The right may be asserted in relation to the public exhibition of an artistic work
(a)
byensuringthatwhentheauthororotherfirstownerof copyright parts with possession of the original, or of a copy made by him or her or under his or her direction or control, the author is identified as the author on the originalorcopy,oronaframe,mount,orotherthingto which it is attached; or
(b)
byincludinginanylicencebywhichtheauthororother firstownerofcopyrightauthorisesthemakingofcopies oftheworkastatementsignedbyoronbehalfoftheauthororotherfirstownerofthecopyrightthattheauthor asserts his or her right to be identified as the author in theeventofthepublicexhibitionofacopymadeinpursuance of the licence.
(4)
The persons bound by an assertion of the right under subsection (2) or subsection (3) are,
(a)
in the case of an assertion under subsection (2)(a), the assignee and anyone claiming through the assignee, whetherornotthepersonclaimingthroughtheassignee has notice of the assertion; and
(b)
inthecaseofanassertionundersubsection(2)(b),anyone to whose notice the assertion is brought; and
(c)
in the case of an assertion under subsection (3)(a), anyone into whose hands that original or copy comes, whether or not the identification is still present or visible; and
(d)
in the case of an assertion under subsection (3)(b), the person to whom the licence is granted and any person into whose hands a copy made in pursuance of the licence comes, whether or not the person has notice of the assertion.
(5)
In an action for infringement of the right, the court shall, in consideringremedies,takeintoaccountanydelayinasserting the right. Compare: Copyright, Designs and Patents Act 1988 s 78 (UK)

97 Exceptions to right to be identified

(1)
The right conferred by section 94 is subject to the exceptions set out in this section.
(2)
The right does not apply in relation to
(a)
a computer program; or
(b)
a computer-generated work; or
(c)
the design of a typeface.
(3)
The right is not infringed by an act that, under any of the followingprovisionsofthisAct,wouldnotinfringecopyrightin the work:
(a)
section 41 (which relates to incidental copying of a work):
(b)
section42 (whichrelatestocriticism,review,andnews reporting):
(c)
section 43A (which relates to transient reproduction of work):
(d)
section49 (whichrelatestothingsdoneforthepurposes of an examination):
(e)
section 59 (which relates to parliamentary and judicial proceedings):
(f)
section 60 (which relates to Royal commissions and statutory inquiries):
(g)
section 67 (which relates to acts permitted on assump tions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works):
(h)
section81A (whichrelatestocopyingsoundrecordings for private and domestic use).
(4)
The right does not apply in relation to any work made for the purpose of reporting current events.
(5)
The right does not apply in relation to the publication, in
(a)
a newspaper, magazine, or similar periodical; or
(b)
anencyclopedia,dictionary,yearbook,orothercollect

ive 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.

(6) Therightdoesnotapplytoanyactdonebyorwiththelicence ofthecopyrightownerinrelationtoaworkinwhichcopyright

101

first vested in the author’s employer under section 21(2) or in the director’s employer under section 5(2)(b), if

(a)
theauthorordirectorcannotreadilybeidentifiedatthe time of the act; or
(b)
in the case of a literary, dramatic, musical, or artistic work
(i)
morethan2personswereinvolvedinthecreation of the work and it is impracticable at the time of the acttoidentify the respectivecontributions of each person to the work; and
(ii)
theauthorshavenotpreviouslybeenidentifiedin or on published copies of the work.

(7) The right does not apply in relation to

(a)
a work in which Crown copyright exists under section 26 ; or
(b)
aworkinwhichcopyrightfirstvestedinaninternational

organisation under section 28, unless the author or director has previously been identified as such in or on published copies of the work.

(8) The right does not apply in relation to

(a)
a film that is an advertisement; or
(b)
a part of a film, if that part
(i) appears incidentally in another film, or is included in a communication work; and
(ii)
is not a substantial part of the film. Compare: Copyright, Designs and Patents Act 1988 s 79 (UK)

Section 97(3): substituted, on 31 October 2008, by section 57(1) of the Copy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section97(8)(b): substituted,on31October2008,bysection57(2)oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Right to object to derogatory treatment of work

98 Right to object to derogatory treatment of work

(1) For the purposes of this section and section 99,

(a)
the term treatment of a work means any addition to, deletion from, alteration to, or adaptation of the work, other than
(i)
a translation of a literary or dramatic work; or
(ii)
an arrangement or transcription of a musical work involving no more than a change of key or register; and
(b)
the treatment of a work is derogatory if, whether by distortion or mutilation of the work or otherwise, the treatment is prejudicial to the honour or reputation of the author or director;

andinthefollowingprovisionsofthissectionanyreferenceto a derogatory treatment ofaworkshallbe construedaccordingly.

(2) Subject to section 100 and 101,

(a)
the author of a literary, dramatic, musical, or artistic work that is a copyright work; and
(b)
the director of a film that is a copyright workhastherightnottohavehisorherworksubjectedtoaderogatory treatment. Compare: Copyright, Designs and Patents Act 1988 s 80(1), (2), (8) (UK)

99 Content of right to object to derogatory treatment

(1)
In the case of a literary, dramatic, or musical work, the right conferred by section 98(2) is infringed by a person who
(a)
publishescommercially,performsinpublic,orcommunicatestothepublicaderogatorytreatmentofthework; or
(b)
issues to the public copies of
(i) a film or sound recording of; or
(ii)
a film or sound recording that includesa derogatory treatment of the work.
(2)
In the case of an artistic work, the right conferred by section 98(2) is infringed by a person who
(a)
publishes commercially or exhibits in public a derogatorytreatmentofthework,orcommunicatestothepublicavisualimageofaderogatorytreatmentofthework; or
(b)
shows in public a film that includes a visual image of a derogatorytreatmentoftheworkorissuestothepublic copies of such a film; or
(c)
in the case of
(i)
a sculpture; or
(ii)
aworkofarchitectureintheformofamodelfor a building; or
(iii) a work of artistic craftsmanship,issuesto thepublic copies ofagraphic work represent- ing,orofaphotographof,aderogatorytreatmentofthe work.
(3)
Subsection (2) does not apply to a work of architecture in the form of a building; but where the author of such a work is identified on the building and it is the subject of derogatory treatment the author has the right to require the identification to be removed.
(4)
In the case of a film, the right conferred by section 98(2) is infringed by a person who
(a)
shows in public, or communicates to the public, a derogatory treatment of the film; or
(b)
issues to the public copies of a derogatory treatment of the film; or
(c)
along with the film,
(i)
playsinpublicorcommunicatestothepublic;or
(ii)
issues to the public copies ofa derogatory treatment of the film soundtrack.
(5)
The right conferred by section 98(2) extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director of the work, if those partsareattributedto, orarelikelytobe regardedasthework of, the author or director.
(6)
The right conferred by section 98(2) is infringed by a person who, in the course of a business,
(a)
possesses; or
(b)
sells or lets for hire; or
(c)
offers or exposes for sale or hire; or
(d)
exhibits in public or distributesan object that is, and that the person knows or has reason to believe is, a work or a copy of a work that
(e)
has been subjected to derogatory treatment; and
(f)
hasbeen,orislikelytobe,thesubjectofanyoftheacts describedinthissectionincircumstancesinfringingthe right conferred by section 98(2).

(7) The right conferred by section 98(2) is infringed by a person who does an act described in subsection (1) or subsection (2) or subsection (4) or subsection (6) or who authorises another person to do such an act. Compare: Copyright, Designs and Patents Act 1988 ss 80(3)–(7), 83 (UK) Section99(1)(a): amended,on31October2008,bysection58(1) oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section99(2)(a): amended,on31October2008,bysection58(2) oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section99(4)(a): substituted,on31October2008,bysection58(3)oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section 99(4)(c)(i): substituted, on 31 October 2008, by section 58(4) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

100 Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work

(1)
The right conferred by section 98(2) is, in relation to literary, dramatic, musical, or artistic works, 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; or
(c)
the design of a typeface.
(3)
The right does not apply in relation to the publication, in
(a)
a newspaper, magazine, or similar periodical; or
(b)
an encyclopaedia, dictionary, yearbook, or other col

lective 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.

(4)
Therightdoesnotapplyinrelationtoanysubsequentexploitation elsewhere, without any modification of the published version, of a work to which subsection (3) applies.
(5)
The right is not infringed by an act that, under section 67, would not infringe copyright.
(6)
The right does not apply in relation to any work made for the purpose of reporting current events.
(7)
Therightisnotinfringedbyanyactdoneforthepurposeof
(a)
avoiding the commission of an offence; or
(b)
complying with a duty imposed by or under any enact
mentif,
(c)
wheretheauthorisidentifiedatthetimeoftheact,there isaclearandreasonablyprominentindication,givenat thetimeoftheactandappearingwiththeidentification, that the work has been subjected to treatment to which the author has not consented; or
(d)
where the author 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 theact,thattheworkhasbeensubjectedtotreatmentto which the author has not consented.
(8)
Therightdoesnotapplytoanyactdone,byorwiththelicence of the copyright owner, in relation to
(a)
a work in which copyright first vested in the author’s employer under section 21(2); or
(b)
a work in which Crown copyright exists under section 26 ; or
(c)
aworkinwhichcopyrightfirstvestedinaninternational
organisation under section 28 unless the author
(d)
is identified at the time of the act; or
(e)
haspreviouslybeenidentifiedinoronpublishedcopies of the work.
(9)
Where the right applies under subsection (8), the right is not infringed if,
(a)
wheretheauthorisidentifiedatthetimeoftheact,there isaclearandreasonablyprominentindication,givenat thetimeoftheactandappearingwiththeidentification, that the work has been subjected to treatment to which the author has not consented; or
(b)
where the author 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 theact,thattheworkhasbeensubjectedtotreatmentto which the author has not consented.

101 Exceptions to right to object to derogatory treatment of films

(1)
The right conferred by section 98(2) is, in relation to films, subject to the exceptions set out in this section.
(2)
The right does not apply in relation to any film made for the purpose of reporting current events.
(3)
Therightisnotinfringedbyanyactdoneforthepurposeof,
(a) in relation to the communication of a film,
(i)
complying with a duty imposed under section 4 of the Broadcasting Act 1989; or
(ii)
maintainingstandardsthatareconsistentwiththe observance of good taste and decency and the maintenance of law and order; or
(iii) avoiding the commission of an offence; or (iv) complying with a duty imposed by or under any enactment (b) [Repealed] if,
(c)
where the director is identified at the time of the act, there is a clear and reasonably prominent indication, givenatthetimeoftheactandappearingwiththeidentification, that the film has been subjected to treatment to which the director has not consented; or
(d)
where the 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 film has been subjected to treatment to which the director has not consented.
(4)
Therightdoesnotapplytoanyactdone,byorwiththelicence of the copyright owner, in relation to
(a)
a film in which copyright first vested in the director’s employer under section 5(2)(b); or
(b)
a film in which Crown copyright exists under section 26 ; or
(c)
afilminwhichcopyrightfirstvestedinaninternational
organisation under section 28 unless the director
(d)
is identified at the time of the act; or
(e)
haspreviouslybeenidentifiedinoronpublishedcopies of the film.
(5)
Where the right applies under subsection (4), the right is not infringed if,
(a)
where the director is identified at the time of the act, there is a clear and reasonably prominent indication, givenatthetimeoftheactandappearingwiththeidentification, that the film has been subjected to treatment to which the director has not consented; or
(b)
where the 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 film has been subjected to treatment to which the director has not consented.
(6)
Therightisnotinfringed,inrelationtothecommunicationofa filmtothepublic,iftheperson(A)communicatingthefilm
(a)
makes a deletion or any deletions from the film that is or are reasonably required to enable A to
(i)
followguidelinesastotheprogrammesthatmay be shown in particular time periods; or
(ii)
fit the film into the time scheduled to show it; or
(b)
communicates the film in separate parts because of its length; or
(c)
usesaclipofafilminanadvertisementfortheshowing

of the film. Compare: Copyright, Designs and Patents Act 1988 ss 81, 82 (UK)

Section 101(3)(a): substituted, on 31 October 2008, by section 59(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section101(3)(b): repealed,on31October2008,bysection59(1)oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

Section101(6): substituted,on31October2008,bysection59(2)oftheCopy right (New Technologies) Amendment Act 2008 (2008 No 27).

False attribution

102 False attribution of identity of author or director

(1)
In this section, the term attribution, in relation to a literary, dramatic,musical,orartisticworkorafilm,meansanexpress orimpliedstatementastotheidentityoftheauthorofthework or the director of the film.
(2)
A person has the right
(a)
nottohavealiterary,dramatic,musical,orartisticwork falsely attributed to him or her as author; and
(b)
not to have a film falsely attributed to him or her as director.
(3)
The right conferred by subsection (2) is infringed by a person who
(a)
issues to the public copies of
(i)
a literary, dramatic, musical, or artistic work; or
(ii)
a filmin or on which there is a false attribution; or
(b)
exhibits in public
(i)
an artistic work; or
(ii)
a copy of an artistic work,

in or on which there is a false attribution,knowing, or having reason to believe, that the attribution is false.

(4)
A person (A) infringes a right under subsection (2) if
(a)
Aperformsaliterary,dramatic,ormusicalworkinpublic, or shows a film to the public, or communicates the work or film to the public; and
(b)
the work or film is accompanied by a false attribution; and
(c)
A knows or has reason to believe that the attribution is false.
(5)
The right conferred by subsection (2) is infringed by
(a)
the issue to the public; or
(b)
the public displayof material containing a false attribution in connection with any of the acts referred to in subsection (3) or subsection (4).
(6)
The right conferred by subsection (2) is infringed by a person who, in the course of a business,
(a)
possesses a copy of
(i)
a literary, dramatic, musical, or artistic work; or
(ii)
a filmin or on which there is a false attribution; or
(b)
sells or lets for hire, offers or exposes for sale or hire, exhibits in public, or distributes a copy of
(i)
a literary, dramatic, musical, or artistic work; or
(ii)
a filmin or on which there is a false attribution; or
(c)
inthecaseofanartisticwork,possessestheworkwhen there is a false attribution in or on the work; or
(d)
sells, or lets for hire, offers or exposes for sale or hire, distributes, or exhibits in public an artistic work in or on which there is a false attribution,

knowing, or having reason to believe, that there is such an attribution and that the attribution is false.

(7) The right conferred by subsection (2) is infringed by a person who does an act described in this section or who authorises another person to do such an act. Compare: 1962 No 33 s 62(1), (2); Copyright, Designs and Patents Act 1988

s 84(1)–(5), (7) (UK)

Section102(4): substituted,on31October2008,bysection60oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

103 False representation as to literary, dramatic, or musical work

(1)
In this section, the term representation, in relation to a literary, dramatic, or musical work, means an express or implied statement as to the work being an adaptation of a work by a particular author.
(2)
Apersonhastherightnottohavealiterary,dramatic,ormusical work falsely represented as being an adaptation of a work of which the person is the author.
(3)
The right conferred by subsection (2) is infringed by a person whoissuestothepubliccopiesofaliterary,dramatic,ormusicalworkinoronwhichthereisafalserepresentation,knowing or having reason to believe that the representation is false.
(4)
Aperson(A)infringestherightconferredbysubsection(2)if Aperformsinpublic,orcommunicatestothepublic,aliterary, dramatic, or musical work, accompanied by a false representation,andAknowsorhasreasontobelievethattherepresentation is false.
(5)
The right conferred by subsection (2) is infringed by
(a)
the issue to the public; or
(b)
the public display

of material containing a false representation in connection withanyoftheactsmentionedinsubsection(3)orsubsection (4).

(6) The right conferred by subsection (2) is infringed by a person who, in the course of a business,

(a)
possessesacopyofaliterary,dramatic,ormusicalwork in or on which there is a false representation; or
(b)
sells or lets for hire, offers or exposes for sale or hire, distributes, or exhibits in public a copy of a literary, dramatic,ormusicalworkinoronwhichthereisafalse representation,

knowing, orhaving reasontobelieve, thatthere is such a representation and that the representation is false.

(7) The right conferred by subsection (2) is infringed by a person who does an act described in this section or who authorises another person to do such an act. Compare: 1962 No 33 s 62(3); Copyright, Designs and Patents Act 1988

s 84(8)(a) (UK)

Section103(4): substituted,on31October2008,bysection61oftheCopyright (New Technologies) Amendment Act 2008 (2008 No 27).

104 False representations as to artistic work

(1)
In this section, the term representation means an express or impliedstatementastoamatterreferredtoinparagraph(a)or paragraph (b) or paragraph (c) of subsection (2).
(2)
The author of an artistic work has the right
(a)
nottohavetheworkfalselyrepresentedastheunaltered workoftheauthoriftheworkhasbeenalteredafterthe author parted with possession of the work; and
(b)
not to have a copy of a work that has been altered after the author parted with possession of the work falsely representedasacopyofanunalteredworkoftheauthor; and
(c)
nottohaveacopyofanartisticworkfalselyrepresented asbeingacopymadebytheauthoroftheartisticwork.
(3)
The right conferred by subsection (2) is infringed by a person who exhibits in public an artistic work, or a copy of an artistic work, as the case may be, in or on which there is a false
representation, knowing or having reason to believe that the representation is false.
(4)
The right conferred by subsection (2) is infringed by
(a)
the issue to the public; or
(b)
the public displayof material containing a false representation in connection with any act referred to in subsection (3).
(5)
The right conferred by subsection (2) is infringed by a person who, in the course of a business,
(a)
possessesanartisticworkoracopyofanartisticwork, as the case may be, in or on which there is a false representation or when there is a false representation in or on the work or copy; or
(b)
sells or lets for hire, offers or exposes for sale or hire, distributes, or exhibits in public an artistic work or a copy of an artistic work, as the case may be, in or on which there is a false representation or when there is a false representation in or on the work or copy,

knowing or having reason to believe there is such a representation and that the representation is false.

(6) The right conferred by subsection (2) is infringed by a person who does an act described in this section or who authorises another person to do such an act. Compare: 1962 No 33 s 62(4), (6); Copyright, Designs and Patents Act 1988

s 84(6), (8)(b) (UK)

Right to privacy of certain photographs andfilms

105 Right to privacy of certain photographs and films

(1)
A person who, for private and domestic purposes, commissions the taking of a photograph or the making of a film has, where copyright exists in the resulting work but is owned by some other person, the right
(a)
nottohavecopiesoftheworkissuedtothepublic;and
(b)
nottohavetheworkexhibitedorshowninpublic;and
(c)
not to have the work communicated to the public.
(2)
Subjecttosubsection(3),therightconferredbysubsection(1) isinfringedbyapersonwhodoesanactofthekinddescribed
inparagraph(a)orparagraph(b)orparagraph(c)ofsubsection (1).
(3)
Therightconferredbysubsection(1)isnotinfringedbyanact that, under any of the following provisions of this Act, would not infringe copyright in the work:
(a)
section 41 (which relates to the incidental copying of a workinanartisticwork,film,orcommunicationwork):
(b)
section 59 (which relates to parliamentary and judicial proceedings):
(c)
section 60 (which relates to Royal commissions and statutory inquiries):
(d)
section 66 (which relates to acts done under statutory authority):
(e)
section 67 (which relates to acts permitted on assump tions as to expiry of copyright or death of the author in relation to anonymous or pseudonymous works).