Copyright Act 1994 (reprint as at 7 July 2010), New Zealand

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 Performers’ rights

169 Interpretation 160 170 Application 163

Performers’ rights

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 performers’ rights 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

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214 Procedure of Tribunal 188 215 Evidence in proceedings before Tribunal 188 216 Witness summons 189 217 Service of summons 189 218 Witnesses’ allowances 190 219 Privileges and immunities 190 220 Non-attendance or refusal to co-operate 191 221 Contempt of Tribunal 191 222 Costs 192 223 Stating case for High Court 192 224 Appeal on question of law 193

Part 11 Miscellaneous provisions

225 Rights and privileges under other enactments or common 193 law

Technological protection measures

226 Definitions of TPM terms 194 226A Prohibited conduct in relation to technological protection 194

measure 226B Rights of issuer of TPM work 195 226C Offence of contravening section 226A 195 226D When rights of issuer of TPM work do not apply 196 226E User’s options if prevented from exercising permitted act 197

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