Public Act 1994 No 143 Date of assent 15 December 1994 Commencement see section 1(2)
|1||Short Title and commencement||12|
|3||Associated definitions for communication works||24|
|4||Meaning of cable programme service, and associated||24|
|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|
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.
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
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
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
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
40 Provisions to be construed independently 46 41 Incidental copying of copyright work 46 42 Criticism, review, and news reporting 47 43 Research or private study 47 43A Transient reproduction of work 48
44 Copying for educational purposes of literary, dramatic, 49 musical or artistic works or typographical arrangements 44A Storing copies for educational purposes 51 45 Copying for educational purposes of films and sound 52 recordings 46 Anthologies for educational use 53 47 Performing, playing, or showing work in course of 54 activities of educational establishment 48 Copying and communication of communication work for 54 educational purposes 49 Things done for purposes of examination 56
50 Interpretation 56 51 Copying by librarians of parts of published works 57 52 Copying by librarians of articles in periodicals 58 53 Copying by librarians for users of other libraries 59 54 Copying by librarians for collections of other libraries 60 55 Copying by librarians or archivists to replace copies of 61 works 56 Copying by librarians or archivists of certain unpublished 62 works 56A Library or archive may communicate digital copy to 63 authenticated users 56B Additionalconditionsforsupplyofcopyofworkindigital 64 formatbylibrarianorarchivistundersection51,52,or56 56C Additional condition for making digital copies under 64 section 53 or 54 57 Playing or showing sound recordings or films 64
58 Copying by Parliamentary Library for members of 65 Parliament 59 Parliamentary and judicial proceedings 66 60 Royal commissions and statutory inquiries 66 61 Materialopentopublicinspectionoronofficialregister 66 62 Material communicated to the Crown in course of public 68 business 63 Use of copyright material for services of the Crown 68 64 Rights of third parties in respect of Crown use 69 65 Proceedings against the Crown 70 66 Acts done under statutory authority 70
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
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|
|82 Recording for purposes of maintaining standards in||83|
|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|
|87 Free public playing or showing of broadcast or cable||86|
|88 Reception and retransmission of broadcast in cable||88|
|89 Provision of subtitled copies of communication work||89|
|90 Recording for archival purposes||89|
|91 Recording by media monitors||90|
|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|
|92C Internet service provider liability for storing infringing||92|
|92D Requirements for notice of infringement||93|
|92E Internet service provider does not infringe copyright by||93|
|caching infringing material|
|93 Subsequent dealings with copies made under this Part||94|
|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|
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
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
111 Licences 117 112 Warranty implied in certain licences 117 112A Damages for falsely claiming copyright ownership or 118 licence 112B Provisions of sections 112 and 112A to have effect no 118 matter what licence says
113 Transmission of copyright 118 114 Assignment 119 115 Copyright to pass under will with unpublished works 119 116 Future copyright 119 117 Righttomakeconditionsinrespectofcertainunpublished 120 works
126 Presumptions relevant to literary, dramatic, musical, or 126 artistic works 127 Presumptions relevant to certain artistic works 127 128 Presumptions relevant to computer programs, sound 128 recordings, and films 129 Presumptions relevant to works subject to Crown 129 copyright 130 Unjustified proceedings 129
131 Criminal liability for making or dealing with infringing 130 objects 131A Time for laying information 132 132 Order for delivery up in criminal proceedings 132 133 Liability of officers of body corporate 133 133A Evidence in proceedings 134
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
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
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
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
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
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
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
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
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
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
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
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
An Act to consolidate and amend the law relating to copyright
(1) In this Act, unless the context otherwise requires,— adaptation,—
(a) in relation to a literary or dramatic work, includes—
(iii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine, or similar periodical:
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—
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
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
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—
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—
(iii) special clinic; or
(iv) special service— established under section 98(1) of the Education Act 1964:
educational resource supplier means any person—
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—
international organisation means an organisation the mem
bers of which include 1 or more States Internetserviceprovider meansapersonwhodoeseitheror both of the following things:
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,—
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—
that time, immediately before his or her death; and
ister,isforthetimebeingresponsiblefortheadministrationof this Act Ministerial inquiry includes the proceedings of a committee
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—
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)—
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—
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—
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—
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—
telecommunications system means a system for conveying visual images, sounds, or other information by electronic means
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—
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).
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|
|(a) to the person transmitting the communication work or|
|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|
|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|
|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|
|(b) in the case of a sound recording or film, the person by|
|recording or film are undertaken:|
(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).
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
|s 8||Copyright Act 1994||R|