WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights RESTRICTED 
IP/NIlINZL/C11 
22 January 1996 
(96-0213) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
New Zealand 
Copyright and Related Rights 
The present document reproduces the text of the Copyright Act 19941, as notified by New 
Zealand under Article 63.2 of the Agreement (see document IP/N/1/NZL/1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE DE 
L'ARTICLE 63:2 DE L'ACCORD 
N ouvelle-Zelande 
Droit d' auteur et droits connexes 
Le present document contient le texte de la Loi de 1994 sur le droit d' auteur1, notifiee par 
la Nouvelle-Zelande au titre de I'article 63:2 de l' Accord (voir le document IP/N/lINZL/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS RELATIVOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS DE CONFORMIDAD CON EL 
pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Nueva Zelandia 
Derecho de autor y derechos conexos 
El presente documento reproduce el texto de la Ley de Derecho de Autor de 19941, notificada 
por Nueva Zelandia de conformidad con el parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP IN I 1/NZLI 1). 
lEnglish only/anglais seulement/ingles solamente. IP/N/lINZL/C/l 
Page 2 
1994 Copyright No. 143 
ANALYSIS 
Title 
1. Short Title and commencement 
2. Interpretation 
3. Associated definitions for purposes of 
broadcasting 
4. Meaning of "cable programme service", 
and associated definitions 
5. Meaning of "author" 
6. Meaning of "work of joint authorship" 
7. Meaning of "unknown authorship" 
8. Meaning of "copyright owner" 
9. Meaning of "issue to the public" 
1 o. Meaning of "publication" 
11. Meaning of "commercial publication" 
12. Meaning of "infringing copy" 
13. Act to bind the Crown 
PART I 
DESCRIPTION, OWNERSHIP, AND DURATION 
OF COPYRIGHT 
Description if Copyright 
14. Copyright in original works 
15. Recording necessary for some works 
16. Acts restricted by copyright 
Qualification for Copyright 
1 7. Qualification for copyright 
18. Qualification by reference to author 
19. QJ..talification by reference to country of 
first publication 
20. Qualification by reference to place of 
transmission 
Ownership if Copyright 
21. First ownership of copyright 
Duration if Copyright 
22. Duration of copyright in literary, dra­
matic, musical, or artistic works 
23. Duration of copyright in sound record­
ings and films 
24. Duration of copyright in broadcasts and 
cable programmes 
25. Duration of copyright in typographical 
arrangement of published editions 
Public-l 43 Crown Copyright 
26. Crown copyright 
27. No copyright in certain works 
28. Copynght vesting in certain interna­
tional organisations 
PART 11 
INFRINGEMENT OF COPYRIGHT 
Primary Infringement if Copyright 
29. Infringement of copyright 
30. Infringement by copying 
3 1. Infringement by issue of copies to 
public 
32. Infringement by performance or play­
ing or showing in public 
33. Infringement by broadcasting or inclu· 
sion in cable programme service 
34. Infringement by making adaptation or 
act done in relation to adaptation 
Secondary Infringement if Copyright 
35. Importing infringing copy 
36. Possessing or dealing with infringing 
copy 
37. Providing means for making infringing 
copies 
38. Pe:mitting use of premises for infring­
mg performance 
39. Provision of apparatus for infringing 
performance, etc. 
PART III 
ACTS PERMITTED IN RELATION TO 
COPYRIGHT WORKS 
40. Provisions to be construed 
independently 
41. Incidental copying of copyright work 
42. Criticism, review, and news reporting 
43. Research or private study 
Education 
44. Copying for educational purposes of lit· 
erary, dramatic, musical, or artistic 
works or typographical arrangements 
45. Copying for educational purposes of 
films and sound recordings 
Price Code: 182-F IP IN 11 INZL/CI 1 
Page 3 
2 Copyright 1994, No. 143 
46. Anthologies for educational use 
47. Perfonning, playing, or showing work 
in course of activities of educational 
establishment 
48. Recording by educational establish­
ments of broadcasts and cable 
programmes 
49. Things done for purposes of 
examination 
Libraries and Archives 
50. Interpretation 
51. Copying by librarians of parts of pub­
lished works 
52. Copying by librarians of articles in 
periodicals 
53. Copying by librarians for users of other 
libraries 
54. Copying by librarians for collections of 
other libraries 
55. Copying by librarians or archivists to 
replace copies of works 
56. Copying by librarians or archivists of 
certain unpublished works 
57. Playing or showing sound recordings or 
films 
Public Administration 
58. Copying by Parliamentary Library for 
members of Parliament 
59. Parliamentary and judicial proceedings 
60. Royal commissions and statutory 
inquiries 
61. Material open to public inspection or on 
official register 
62. Material communicated to the Crown in 
course of public business 
63. Use of copyright material for services of 
the Crown 
64. Rights of third parties in respect of 
Crown use 
65. Proceedings against the Crown 
66. Acts done under statutory authority 
Literary, Dramatic, Musical, or Artistic Works 
67. Acts permitted on assumptions as to 
expiry of copyright or death of 
author in relation to anonymous or 
pseudonymous works 
68. Use of recording of spoken words in 
certain cases 
69. Provision of Braille copies of literary or 
dramatic works 
7 o. Public reading or recitation 
71. Abstracts of scientific or technical 
articles 
72. Recordings of folk-songs 
73. Representation of certain artistic works 
on public display 
74. Special exception from protection of lit­
erary or artistic works 
75. Special exception from protection of 
artistic work that has been applied 
industrially 
76. Special exception from protection of lit­
erary and artistic works relating to 
medicines 77. Making of subsequent works by SaIlle 
artist 
78. Reconstruction of buildings 
Computer Programs, Sound Recordings, 
and Films 
79. Rental by educational establishments 
and libraries 
80. Back-up copy of computer prograIll 
81. Playing of sound recordings for pur· 
poses of club, society, ete. 
Broadcasts and Cable Programmes 
82. Recording for purposes of maintaining 
standards in broadcasts and cable 
programmes 
83. Recording for purposes of complaining 
84. Recording for purposes of time shifting 
85. Incidental recording for purposes of 
broadcast or cable programme 
86. Photographs of television broadcasts or 
cable programmes 
87. Free public playing or showing of 
broadcast or cable programme 
88. Reception and retransmission of broad­
cast in cable programme service 
89. Provision of subtitled copies of broad­
cast or cable programme 
90. Recording for archival purposes 
91. Recording by media monitors 
Adaptations 
92. Adaptations 
Subsequent Dealings 
93. Subsequent dealings with copies made 
under this Part 
PART IV 
MORAL RIGHTS 
Right to be Identified as Author or Director 
94. Right to be identified as author or 
director 
95. Content of right to be identified 
96. Right must be asserted 
97. Exceptions to right to be identified 
Right to O,?ject to Derogatory Treatment 0/ Work 
98. Right to object to derogatory treatment 
of work 
99. Content of right to object to derogatory 
treatment 
100. Exceptions to right to object to deroga­
tory treatment of literary, dramatic. 
musical, or artistic work 
101. Exceptions to right to object to deroga­
tory treatment of films 
False Attribution 
102. False attribution of identity of author or 
director 
103. False representation as to literary, dra­
matic, or musical work 
104. False representations as to artistic work IP/N/lINZL/C/l 
Page 4 
1994, No. 143 Copyright 3 
Right to Privacy if Certain Photographs and 
Films 
105. Right to privacy of certain photographs 
and films 
Supplementary Provisions 
106. Duration of rights 
107. Consent and waiver of rights 
108. Application of provisions to joint works 
other than films 
109. Application of provisions to joint works 
that are films 
110. Application of provisions to parts of 
works 
PART V 
DEALING WITH RIGHTS IN COPYRIGHT WORKS 
Licences to Deal with Copyright Works 
1 1 1. Licences 
112. Warranty implied in certain licences 
Transmission if Copyright 
113. Transmission of copyright 
1 14. Assignment 
115. Copyright to pass under will with 
unpublished works 
1 16. Future copyright 
11 7. Right to make conditions in respect of 
certain unpublished works 
M oral Rights 
118. Moral rights not assignable 
119. Transmission of moral rights on death 
PART VI 
REMEDIES FOR INFRINGEMENT 
Rights and Remedies if Copyright Owner 
120. Infringement actionable by copyright 
owner 
121. Provisions as to damages in infIinge· 
ment proceedings 
122. Order for delivery up in civil 
proceedings 
Rights and Remedies if Exclusive Licensee 
123. Rig.hts and remedies of exclusive 
licensee 
124. Exercise of concurrent rights 
Rights and Remedies in relation to Moral Rights 
125. Infringement of moral rights actionable 
Presumptions 
126. Presumptions relevant to literary, dra· 
matic, musical, or artistic works 
127. Presumptions relevant to certain artistic 
works 
128. Presumptions relevant to computer pro­
grams, sound recordings, and films 
129. Presumptions relevant to works subject 
to Crown copyright 
130. Unjustified proceedings 
Offences 
13 1. Criminal liability for making or dealing 
with infringing objects 132. Order for delivery up in criminal 
proceedings 
133. Liability of officers of body corporate 
Disposal if Infringing Copy or Other Object 
134. Order as to disposal of infringing copy 
or other object 
PART VII 
BORDER PROTECTION MEASURES 
135. Definitions 
136. Notice may be given to Comptroller of 
Customs 
137. Determination whether item is pirated 
copy 
138. Limitations on requirement to supply 
information 
139. Notice of determination 
140. Detention of pirated copy 
14 1. Proceedings 
142. Powers of Court 
143. Inspection of item 
144. Notice of parallel import may be given 
to Comptroller of Customs 
145. Delegation of powers, duties, and 
functions 
146. Protection of persons acting under 
authority of Act 
PART VIII 
COPYRIGHT LICENSING 
147. Works of more than one author 
References and Applications with respect to 
Licensing Schemes 
148. Licensing schemes to which sections 149 
to 155 apply 
References with respect to Licensing Schemes 
149. Reference of proposed licensing scheme 
to Tribunal 
150. Reference of licensing scheme to 
Tribunal 
151. Further reference of scheme to Tribunal 
152. Effect of order of Tribunal made on 
reference 
Applications with respect to LicenSing Schemes 
153. Application for grant of licence in con­
nection with licensing scheme 
154. Application for review of order as to 
entitlement to licence 
155. Effect of order of Tribunal made on 
application 
References and Applications with respect to 
Licensing by Licensing Bodies 
156. Licences to which sections 157 to 160 
apply 
157. Reference to Tribunal of proposed 
licence 
158. Reference to Tribunal of expiring 
licence 
159. Application for review of order as to 
licence 
160. Effect of order of Tribunal as to licence IP IN 11 INZL/CI 1 
Page 5 
4 Copyright 1994, No. 143 
Factors to be Taken into Account in Certain 
Classes cif Cases 
161. Unreasonable discrimination 
162. Licences for reprographic copying 
163. Licences for educational establishments 
in respect of works included in broad· 
casts or cable programmes 
164. Licences to reflect conditions imposed 
by promoters of events 
165. Licences to reflect payments in respect 
of underlying rights 
166. Licences in respect of works included in 
re transmissions 
Implied Indemnity in Schemes or Licences for 
Reprographic Copying 
167. Implied indemnity in certain schemes 
and licences for reprographic copying 
168. Determination of equitable remun­
eration 
PART IX 
PERFORMERS' RIGHTS 
169. Interpretation 
1 7 O. Application 
Performers' Rights 
1 7 1. Consent required for recording or live 
transmission of performance 
172. Infringement by use of illicit recording 
1 73. Copying of recordings 
174. Infringement by importing, possessing, 
or dealing with illicit recording 
Acts Permitted in relation to Performances 
1 75. Incidental copying of performance or 
recording 
176. Permitted acts in relation to perform­
ances, criticism, reviews, and news 
reporting 
1 77. Things done for purposes of instruction 
or examination 
178. Playing or showing sound recording, 
film, broadcast, or cable programme 
at educational establishment 
179. Recording of broadcasts and cable pro­
grammes by educational estab­
lishment 
180. Subsequent dealings 
1 81. Parliamentary and judicial proceedings 
182. R~yal .. commissions and statutory 
mqulnes 
183. Acts done under statutory authority 
184. Use of recordings of spoken works in 
certain cases 
185. Recordings of folk-songs 
186. Playing of sound recordings for pur­
poses of club, society, etc. 
187. Incidental recording for purposes of 
broadcast or cable programme 
188. Free public playing or showing of 
broadcast or cable programme 
189. Reception and retransmission of broad­
cast in cable programme service 
190. Provision of subtitled copies of broad­
cast or cable programme 191. Recording of broadcast or cable pro­
gramme for archival purposes 
192. Power of Tribunal to give consent on 
behalf of performer 
Duration and Transmusion cif Rights 
193. Duration of rights 
194. Transmission of rights 
Consent 
195. Consent 
Remedies for Infringement 
1 96. Proceedin~s for infringement of per­
formers rights 
197. Order for delivery up in civil 
proceedings 
Offences 
198. Criminal liability for making, dealing 
with, using, or copying illicit 
recordings 
199. Order for delivery up in criminal 
proceedings 
200. False representation of authority to give 
consent 
201. Liability of officers of body corporate 
202. Order as to disposal of illicit recording 
Application to Foreign Countries 
203. Application of this Part to Convention 
countries 
204. Application of this Part to Convention 
and other countries 
PART X 
COPYRIGHT TRIBUNAL 
Constitution 
205. Copyright Tribunal 
206. Membership of Tribunal 
207. Term of office of members of Tribunal 
208. Vacation of office 
209. Deputies of members 
210. Remuneration and travelling allowances 
Jurudiction and Procedure 
2 1 1. Jurisdiction of Tribunal 
2 12. Parties to proceedings 
213. Sittings of Tribunal 
214. Procedure of Tribunal 
215. Evidence in proceedings 
Tribunal 
216. Witness summons 
21 7. Service of summons 
218. Witnesses' allowances before 
219. Privileges and immunities 
220. Non-attendance or refusal to co-operate 
221. Contempt of Tribunal 
222. Costs 
223. Stating case for High Court 
224. Appeal on question of law 
PART XI 
MISCELLANEOUS PROVISIONS 
225. Rights and privileges under other enact­
ments or common law IP/NI lINZL/CI 1 
Page 6 
1994, No. 143 Copyright 5 
Devices Designed to Circumvent Copy-Protection 
226. Devices designed to circumvent copy­
protection 
227. Offence of fraudulently receiving 
programmes . . 
228. Rights and remedies m respect of appa­
ratus, etc., for unauthorised reception 
of transmissions 231_ Expenditure or liability incurred in con­
nection with copyright work 
232. Application to Convention and other 
countries 
233. Denial of copyright to persons con­
nected with countries not giving ade­
quate protection to New Zealand 
works 
234. Regulations 
Other Countries Transitional Provisions and Savings 
229. Supplementaty provisions as to fraudu­
lent receptIon 235. Transitional provisions and savings 
236. Consequential amendments and repeals 
Schedules 230. Application to Convention countries 
------------~------------
1994, No. 143 
An Act to consolidate and atnend the law relating to 
copyright [15 December 1994 
BE IT ENACTED by the ParliaIllent of New Zealand as follows: 
1. Short Title and cODlIIlenCeIJl.ent-( 1) This Act may be 
cited as the Copyright Act 1994. 
(2) Except as provided in sections 27 (2) and 144 (5) of this 
Act, this Act shall come into force on the 1st day of 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 frOIll one language 
to another: 
(ii) A version of a dramatic work in which it is 
converted into a literary work or, as the 
case may be, of a literary work in which it 
is converted into a draIllatic 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, 
Illagazine, or similar periodical: 
(b) In relation to a literary work that is a computer 
program, includes a version of the prograIll in which 
it is converted into or out of a computer language or 
code or into a different computer fanguage or code, 
otherwise than incidentally in the course of running 
the program: 
(c) In relation to a musical work, means an 
arrangement or transcription of the work: 6 Copyright IP/N/1/NZL/C/l 
Page 7 
1994, No. 143 
"Article", in relation to an article in a periodical, includes 
an item 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 
within subparagraph (i) or subparagraph 
(ii) of this definition; but 
(b) Does not include a layout design or an 
integrated circuit 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 of this Act: 
"Broadcast" Illeans a transIlllSSlon, whether or not 
encrypted, of a programme by wireless 
corrununication, where the trartsrrussion is-
(a) Capable of being lawfully received, in New 
Zealand or elsewhere, by members of the public; or 
(b) For presentation to members of the public in 
New Zealand or elsewhere;-
and "broadcasting" has a corresponding meaning: 
"Building" includes-
(a) Any fixed structure; and 
(b) A part of a building or fixed structure: 
"Business" includes a trade or profession: 
"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: 
"Compilation" includes-
(a) A cOIllpilation consisting wholly of works or 
parts of works; and 
(b) A compilation consisting partly of works or 
parts of works; and 
(c) A cOIllpilation of data other than works or parts 
of works: IP IN 11 INZL/CI 1 
Page 8 
1994, No. 143 Copyright 7 
"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 IX of this Act, 
means a country that is a party to a convention or 
other international instrument relating to copyright 
to which New Zealand is also a party: 
"Copying"-
(a) Means, in relation to any description of work, 
reproducing or recording the work in any material 
form; and 
(b) Includes, in relation to a literary, dramatic, 
musical, or artistic work, storing the work in any 
Illedium by any means; and 
(c) Includes, in relation to an artistic work, the 
Illaking of a copy in 3 dimensions of a two­
dimensional work and the making of a copy in 2 
dimensions of a three-diIllensional work; and 
(d) Includes, in relation to a film, television 
broadcast, or cable programme, the making of a 
photograph of the whole or any substantial part of 
any image fonning part of the filIll, broadcast, or 
cable erogramrne;-
and . 'copy" and "copies" have corresponding 
meanmgs: 
"Copyright licence" llleans a licence to do, or authorise 
the doing of, any restricted act: 
"Copyright work" means a work of any of the descriptions 
in section 14 (1) of this Act in which copyright exists: 
"Country" includes every territory for whose international 
relations the GovernIllent of that country is 
responsible: 
"Crown"-
(a) Means Her Majesty the Queen in right of New 
Zealand; and 
(b) Includes a Minister of the Crown, a government 
department, and an Office of Parliament; but 
(c) Does not include-
(i) A Crown entity; or 
(ii) A State enterprise named in the First 
Schedule to 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: 8 Copyright IP/N/l/NZL/C/l 
Page 9 
1994, No. 143 
"Director", in relation to a copyright work that is a film, 
includes any person nominated by the director of the 
film to exercise the director's rights under Part IV of 
this Act if-
(a) The nomination is in writing and signed by the 
director; and 
(b) The nomination is made before the completion 
of the Illaking of the filIn; and 
(c) The person nominated Illakes a creative 
contribution to the Illaking of the film: 
"DraIllatic work" includes-
(a) A work of dance or tnirne; and 
(b) A scenario or script for a film: 
"Educational establishInent' Illeans-
(a) Any school to which the Education Act 1989 or 
the Private Schools Conditional Integration Act 1 975 
applies: 
(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 centre within the meaning 
of section 308 (1) of the Education Act 1989: 
(e) Any-
(i) Institution; or 
(ii) Private training establishment; or 
(iii) Government training establishment-
within the Illeaning 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 profit and that is approved by the Minister of 
Education as an educational establishment for the 
purposes of this Act by a notice published in the 
Gazette: 
"Electronic" Illeans actuated by electric, Illagnetic, electro­
magnetic, electro-cheInical, or electro-Illechanical 
energy; and "in electronic fonn" Illeans in a fonn 
usabIe only by electronic Illeans: 
"EIllployed" means eIllployed under a contract of service 
or a contract of apprenticeship; and "eIllployee", IP/N/l/NZL/C/1 
Page 10 
1994, No. 143 Copyright 9 
"emp~oyer", and "employment" have corresponding 
meaI1lllgs: 
"Exclusive licence" means a licence in writing, signed by 
or on behalf of a copyright owner, authorising the 
licensee, to the exclusion of all other persons 
(including the copyright owner), 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 medium from which a 
moving image may by any means be produced: 
"Future copyright" means copyright that will or may 
come into 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 
instrument of the Government, or any branch or 
division of any such department or instrument; but 
does not include-
(a) A body corporate or other legal entity that has 
the power to contract: 
(b) An Office of Parliament: 
(c) The Public Trust Office: 
(d) The Export Guarantee Office: 
"Graphic work" includes-
(a) Any painting, drawing, diagram, map, chart, or 
plan; and 
(b) Any engraving, etching, lithograph, woodcut, 
print, or similar work: 
"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 persoIl or by 
correspondence and either alone or in a group of 
students, at an educational establishment or 
elsewhere: 
"International organisation" means an organisation the 
members of which include one or more states: 10 Copyright 
''Judicial proceedings" includes-IP/NIlINZL/CI1 
Page 11 
1994, No. 143 
(a) Proceedings before any court, tribunal, or 
person having authority to decide any matter 
affecting a person's legal rights or liabilities; and 
(b) Proceedings before any other body that is 
prescribed by regulations made under this Act as a 
judicial body for the purposes of this Act: 
"Lawful user", in relation to a computer program, means 
a person who has a right to use the program, whether 
under a copY,Tight licence or otherwise: 
"Licensing body' means a body of persons (whether 
corporate or unincorporate) that, as copyright owner 
or pr?spective copyright owner or as agent for a 
copynght owner,-
(a) Negotiates copyright licences; and 
(b) Grants copyright licences, including licences 
that cover the works of more than one author: 
"Licensing scheme" means a scheme setting out-
(a) The classes of cases in which the operator of the 
scheme, or the person on whose behalf the operator 
acts, is willing to grant copyright licences; and 
(b) The terms on which copyright licences would be 
granted in those classes of cases;-
and for the purpose of this definition a "scheme" 
includes anything in the nature of a scheme, whether 
described as a schellle or as a tariff or by any other 
nallle: 
"Literary work" means any work, other than a dramatic 
or lllusical work, that is written, spoken, or sung; and 
includes-
(a) A table or cOlllpilation; and 
(b) A cOlllputer 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 lllade 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, if the author has 
died before that time, immediately before 
his or her death; and 
(b) In relation to a sound recording or film, means 
when the work is made or, if the making of the work IP/N/lINZL/C/1 
Page 12 
1994, No. 143 Copyright 11 
extends over a period, a substantial part of that 
period; and 
(c) In relation to a broadcast, means when the 
broadcast is made; and 
(d) In relation to a cable programme, means when 
the programme is included in a cable programme 
service; and 
(e) In relation to a typographical arrangement of a 
published edition, means when the edition is first 
published: 
"Minister" means the Minister of Justice: 
"Ministerial inquiry" includes the proceedings of a 
committee set up by the Government or a Minister or 
Ministers to inquire into or advise on any matter: 
"Musical work" means a work consisting of music, 
exclusive of any words intended to be sung or spoken 
with the music or any actions intended to be 
performed with the music: 
"National Archives" has the same meaning as it has in the 
Archives Act 1957: 
"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 Audit Office (including the Audit 
Department ): 
(d) The Parliamentary Counsel Office: 
"Performance", except in Part IX of this Act,-
(a) In the case of a literary work that is a lecture, 
address, speech, or sermon, includes delivery of that 
work; and-
(b) In general, includes any mode of visual or 
acoustic presentation of a literary, dramatic, musical, 
or artistic work, including presentation of the work by 
means of a sound recording, film, broadcast, or cable 
programme: 
"Photograph" means a recording of light or other 
radiation on any medium on which an image is 
produced or from which an image may by any means 
be produced; but does not include a film or part of a 
film: 
"Plate" includes any stereotype, stone, block, mould, 
matrix, transfer, negative, or other similar appliance: 12 IP/N/lINZL/C/1 
Page 13 
Copyright 1994, No. 143 
"Prescribed foreign country" means any country (other 
than New Zealand)-
(a) To which section 230 of this Act applies; or 
(b) That is declared by Order in Council made 
under section 232 of this Act 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 plaintiff and to the defendant in proceedings shall 
be construed accordingly: 
"Published edition" means a published edition of the 
whole or any part of one 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 6A of the Regulations Act 1936 or section 14 
of the Acts 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) In the course of a business, as part of services or 
aIDenities for which payment is made,-
on terIDS 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 facsiIDile copies; or 
(b) Involving the use of an appliance for Illaking 
multiple copies;-
and includes, in relation to a work held in electronic 
form, any copying by electronic means; but does not 
include the making of a film or sound recording: 
"Restricted act" means any of the acts described in 
section 16 of this Act: 
"Sculpture" includes a cast or Illodel made for purposes of 
sculpture: "s d d"" oun recor mg Illeans-
(a) A recording of sounds, from which the sounds 
Illay be reproduced; or IP/N/1/NZL/C/1 
Page 14 
1994, No. 143 Copyright 13 
(b) A recording of the whole or any part of a 
literary, dramatic, or musical work, from which 
sounds reproducing 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: 
"Statutory inquiry" means an inquiry held or investigation 
conducted in pursuance of a duty imposed or power 
conferred by or under an enactment: 
"Sufficient acknowledgement", in relation to a work, 
means an 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) In the case of an unpublished work, it is not 
possible by reasonable inquiry to ascertain 
the identity of the author: 
"Telecommunications system" means a system for 
conveying visual images, sounds, or other information 
by. electronic rneans: 
"Transcript" rneans a written record of words spoken on a 
recording: 
"Tribunal" means the Copyright Tribunal continued by 
section 205 of this Act: 
"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 of this Act: 
"Wireless communication" means the sending of electro­
magnetic energy over paths not provided by a 
rnaterial substance constructed or arranged for that 
purpose: 
"Working day" means any day of the week other than­
(a) Saturday, Sunday, Good Friday, Easter Monday, 
Anzac Day, Labour Day, the Sovereign's birthday, 
and Waitangi Day; and 
(b) A day in the period cornrnencing with the 25th 
day of Decernber in any year and ending with the 
15th day of 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 rnedium in or on which, it is recorded; 
and "written" has a corresponding rneaning. 14 Copyright IP/N/lINZL/C/l 
Page 15 
1994, No. 143 
(2) References in this Act to the time at which a literary, 
dramatic, or musical work is made are to the time at which the 
work is recorded, in writing or otherwise. 
Cf. Copyright, Designs and Patents Act 1988, ss. 1 (2), 
3 (1), 3 (2), 4, 5 (1), 6 (1), 8 (1), 16 (1), 1 9 (2), 21 (3), 21 (4), 
92 (1), 178 (U.K.); 1962, No. 33, ss. 2 (1), 3 (6), 3 (8), 
17 (1),24 (5),26 (9),36 (1); 1989, No. 44, s. 2 
8. Associated definitions for purposes of 
broadcasting~:) For the purposes of this Act, an encrypted 
transmission sh be regarded as capable of being lawfully 
received by members of the public only if decoding equipment 
has been made available to members of the public by or with 
the authority of the person making the transmission or the 
person providing the contents of the transmission. 
(2) References in this Act to a programme, in relation to 
broadcasting, are to the visual images, sounds, or other 
information transmitted. 
(3) References in this Act to the person making a broadcast, 
broadcasting a work, or including a work in a broadcast are­
(a) To the person transmitting the progt'"amme, if he or she 
has responsibility to any extent for its contents; and 
(b) To any person providing the programme, when that 
person makes with the person transmitting it the 
arrangements necessary for its transmission. 
(4) For the purposes of this Act, in the case of a broadcast by 
satellite transmission,-
(a) The place from which the broadcast is made is the place 
from which the signals carrying the broadcast are 
transmitted to the satellite; and 
(b) The person making the broadcast is the person who 
transmits those signals to the satellite. 
(5) References in this Act to the reception of a broadcast 
include reception of a broadcast relayed by means of a 
telecommunications system. 
Cf. Copyright, Designs and Patents Act 1988, s. 6 (2)-(5) 
(U.K.); Copyright Act 1968, s. 22 (6) (Aust.) 
4. Meaning of "cable progratnIlle service", and 
associated definitions-( 1) In this Act, unless the context 
otherwise requires,-
"Cable programme" !lleans any item included in a cable 
programme servIce: 
"Cable programme service" means a transmission service 
where the transmission is-IP IN 11/NZL/C/l 
Page 16 
1994, No. 143 Copyright 15 
(a) For reception at 2 or more places, either 
simultaneously or at different times, in response to 
requests by different users; or 
(b) For presentation to members of the public;­
but does not include a transmission service that is, or 
so far as it is, excepted by or under any provision of 
subsections (2) to (4) of this section: 
"Transmission service" means a service that consists 
wholly or ITlainly in sending visual images, sounds, or 
other inforIllation by Illeans of a telecoIllIllunications 
system, otherwise than by wireless cOIllIllunication. 
(2) A cable prograIllme service does not include-
(a) A transmission service or part of a transmission service of 
which it is an essential feature that while visual 
iInages, sounds, or other information are being 
transmitted, by means of a telecoIllIllunications 
systeIll, by the person/rovidin g the service, there will 
or may be transmitte from each place of reception, 
by means of the saIlle system or, as the case may be, 
the saIlle part of the systeITl, visual iInages, sounds, or 
other information (other than signals sent for the 
operation or control of the service) for reception by 
the person providing the service or other persons 
receiving it: 
(b) A transmission service run for the purposes of a business 
where-
(i) No person except the person carrying on the 
business is concerned in the control of the equipIllent 
used for the purposes of the telecoIllIllunications 
system through which the service operates; and 
(ii) Visual images, sounds, or other information are 
transrnitted by the systeIll solely for purposes internal 
to the running of the business and not by way of 
rendering a service or providing amenities for others; 
and 
(ill) The system is not connected to any other 
telecomIllunications system: 
(c) A transmission service run by a single individual where­
(i) All the equipITlent used for the purposes of the 
telecoIllIllunications systeIll through which the 
service operates is under his or her control; and 
(ii) The visual iIllages, sounds, or other information 
transrnitted by the systeIll are conveyed solely for his 
or her private and domestic purposes; and 16 Copyright IP/NIlINZL/CI 1 
Page 17 
1994, No. 143 
(iii) The system is not connected to any other 
telecommunications system: 
(d) A transmission service where-
(i) All the equipment used for the purposes of the 
telecommunications system through which the 
service operates is situated in, or connects, premises 
that are in the occupation of a single occupier; and 
(ii) The system is not connected to any other 
telecommunications system,-
except where the service operates as part of the 
amenities provided for residents or inmates of 
premises run as a business: 
(e) A transmission service that is, or to the extent that it is, 
run for persons providing broadcasting or cable 
programme services or providing programmes for 
such services. 
(3) The Governor-General may, from time to time, by Order 
in Council, amend subsection (2) of this section by-
(a) Varying any exclusion and making such transitional 
provisions in relation to the variation as appear to the 
Governor-General to be necessary; or 
(b) Repealing any exclusion and making such transitional 
provisions in relation to the repeal as appear to the 
Governor-General to be necessary; or 
(c) Adding a new exclusion. 
(4) Where any amendment is made to subsection (2) of this 
section by an Order in Council made under subsection (3) of 
this section, the amendment shall expire-
(a) On the date specified in the Order in Council for the 
expiry of the Order in Council; or 
(b) At the end of a period of 5 years conunencing with the 
day on whicn the amendment comes into force,­
whichever is the earlier. 
(5) References in this Act to the inclusion of a cable 
programme in a cable programme service are to the 
transmission of the programme as part of the service. 
(6) References in this Act to the person including a work in a 
cable prograIllIlle, including a work in a cable progranlll1.e 
service, or including a cable programme in a cable programrne 
serv~ce, are to the person providing the cable programrne 
servIce. 
Cf. Copyright, Designs and Patents Act 1988, s. 7 (1 )-(3), 
(5) (U.K.); 1962, No. 33, s. 2 (4) IP/N I I/NZL/CI 1 
Page 18 
1994, No. 143 Copyright 17 
5. Meaning of "author"-(I) For the purposes of this Act, 
the author of a work is the person who creates it. 
(2) For the purposes of subsection (I) of this section, the 
person who creates a work shall be taken to be,-
(a) In the case of a literary, drall1atic, musical, or artistic work 
that is computer-generated, the person by whom the 
arrangements necessary for the creation of the work 
are undertaken: 
(b) In the case of a sound recording or film, the person by 
whom the arrangell1ents necessary for the making of 
the recording or filll1 are undertaken: 
(c) In the case of a broadcast, the person ll1aking the 
broadcast or, in the case of a broadcast that relays 
another broadcast by reception and immediate 
retransrnission, the person making that other 
broadcast: 
(d) In the case of a cable progralllllle, the person providing 
the cable programll1e service in which the 
progralllme is included: 
(e) In the case of a typographical arrangelllent of a published 
edition, the publisher. 
(3) The author of a work of any of the descriptions referred 
to in subsection (2) of this section lllay be a natural person or a 
body corporate. 
Cf. Copyright, Designs and Patents Act 1988, s. 9 (1)-(3) 
(U.K.) 
6. Meaning of "work of joint authorship"-(I) In this 
Act, the tenn "work of joint authorship" ll1eans a work 
produced by the collaboration of 2 or ll10re authors in which 
the contribution of each author is not distinct from that of the 
other author or authors. 
(2) A broadcast shall be treated as a work of joint authorship 
in any case where ll10re than one person is to be taken as 
making the broadcast. 
(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 one or more of the authors were 
the sole author or sole joint authors, the work shall be treated 18 Copyright IP IN 11 INZL/CI 1 
Page 19 
1994, No. 143 
as if the other author or authors were the sole author or sole 
joint authors of the work. 
Cf. Copyright, Designs and Patents Act 1988, s. 10 (U.K.); 
1962, No. 33, s. 12 (3), (4), (6) 
7. Meaning of "unknown authorship"-(I) For the 
purposes of this Act, a work is of unknown authorship if the 
identity of the author is unknown or, in the case of a 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 he regarded as unknown. 
Cf. Copyright, Designs and Patents Act 1988, s. 9 (4), (5) 
(U.K.); 1962, No. 33, s. 11 (3), (4) 
8. Meaning of "copyright owner"-( 1) Where copyright 
or any aspect of copyright is owned by more than one 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 
this Act is the person who is entitled to the aspect of copyright 
relevant for that purpose. 
(3) Subject to the provisions of Part VII of this Act, 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. 
Cf. Copyright, Designs and Patents Act 1988, s. 1 73 (U. K. ); 
1962, No. 33, s. 3 (10) 
9. Meaning of "issue to the public"-( 1) References in 
this Act to the issue of copies of a work to the public mean the 
act of putting into circufation copies not previously put into 
circulation; and do not include the acts of-
(a) Subsequent distribution or sale of those copies; or 
(b) Subject to subsections (2) and (3) of this section, 
subsequent hiring or loan of those copies; or 
(c) Subsequent importation of those copies into New Zealand. IP/N/lINZL/C/l 
Page 20 
1994, No. 143 Copyright 19 
(2) The issue of copies of a work to the public, in relation to 
computer programs, includes the rental of copies of computer 
programs to the public; 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 
~u:l)Ose or one of the principal purposes of the rental; 
(c) The computer program cannot readily be copied by the 
hirer. 
(3) The issue of copies of a work to the public, in relation to 
sound recordings and films, includes the rental of copies of 
those works to the public. 
Cf. Copyright, Designs and Patents Act 1988, s. 18 (2) 
(U.K.) 
10. Meaning of "publication"-(I) In this Act, the term 
"publication", in relation to a work,-
(a) Means the issue of copies of the work to the public; and 
(b) Includes, in the case of a literary, dramatic, musical, or 
artistic work, making it available to the public by 
means of an electronic retrieval system;-
and "publish" has a corresponding meaning. 
(2) In the case of a work of architecture in the form of a 
building, or an artistic work incorporated in a building, 
construction of the building shall be treated as equivalent to 
publication of the work. 
(3) References in this Act to publication do not include 
publication that is not intended to satisfy the reasonable 
requirements of the public. 
(4) The following acts do not constitute publication for the 
purposes of this Act: 1 
(a) In the case of a literary, dramatic, or musical work,­
(i) The performance of the work; or 
(ii) The broadcasting of the work or its inclusion in 
a cable programme service (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 broadcasting of the work or its inclusion in 
a cable programme service (otherwise than for the 
purposes of an electronic retrieval system): 20 Copyright IP/N/lINZL/C/1 
Page 21 
1994, No. 143 
(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 broadcasting of the work or its inclusion in 
a cable programIlle service. 
(5) No account shall be taken for the purposes of this section 
of any unauthorised act. 
Cf. Copyright, Designs and Patents Act 1988, s. 175 (1), 
(3)-(6) (U.K.); 1962, No. 33, s. 3 (1), (2), (5), (6) 
11. Meaning of "colIllIlercial p,ublication"-In this Act, 
the terIn "commercial publication', in relation to 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 
copies Illade in advance of the receipt of orders are 
generally available to the public; or 
(b) Making the work available to the public by means of an 
electronic retrieval system;-
and related expressions shall be construed accordingly. 
Cf. Copyright, Designs and Patents Act 1988, s. 175 (2) 
(U.K.) 
12. Meaning of "infringing copy"-( 1) In this Act, the 
term "infringing copy", in relation to a copyright 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 iIllports, or proposes to iInport, 
into New Zealand is an infringing copy- . 
(a) If, had that person made the object in New Zealand, that 
person would have infringed the copyright in the 
work in question; or 
(b) If the making of the object, by whomever it was made 
and wherever it was made, constituted an 
infringement of the copyright in the work in question. 
(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 IP/NIlINZL/CI 1 
Page 22 
1994, No. 143 Copyright 21 
(b) That copyright exists in the work or has existed at any 
tiIne,-
it shall be presumed until the contrary is proved that the object 
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 broadcast or cable programme): 
(b) Section 93 (1) (which relates to subsequent dealings with 
copies made under Part III of this Act). 
(6) In this Act, an infringing copy does not include a literary 
work 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. 
Cf. Copyright, Designs and Patents Act 1988, s. 27 (U.K.); 
1962, No. 33, s. 10 (5); 1990, No. 71, s. 2 
18. Act to bind the Crown-This Act binds the Crown. 
PART I 
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, ID 
original works of the following descriptions: 
(a) Literary, dramatic, musical, or artistic works: 
(b) Sound recordings: 
(c) Films: 
(d) Broadcasts: 
(e) Cable programmes: 
(f) Typographical arrangements of published editions. 
(2) A work is not original if-
(a) It is, or to the extent that it is, a copy of another work; or 
(b) It infringes the copyright in, or to the extent that it 
infringes the copyright in, another work. 22 Copyright IP/NIl/NZL/CI 1 
Page 23 
1994, No. 143 
(3) A cable programme is not an original work if its inclusion 
in a cable programme service is by way of reception and 
immediate re transmission of a broadcast. 
Cf. Copyright, Designs and Patents Act 1988, ss. 1 (1), 5 
(2), 6 (6), 7 (6), 8 (2) (U.K.); 1962, No. 33, ss. 7 (1), 13 (1), 
14 (1), 15 (1), 1 7 (1) 
15. Recording necessary for sotne works-(I) Copyright 
does not exist in a literary or draIllatic or musical work unless 
and until the work is recorded, in writing or otherwise. 
(2) It is immaterial for the purposes of subsection (1) of this 
section whether the 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) of 
this section. 
Cf. Copyright, Designs and Patents Act 1988, s. 3 (2), (3) 
(U.K.) 
16. Acts restricted by copyright-( 1) The owner of the 
copyright in a work has the exclusive right to do, in accordance 
with sections 30 to 34 of this Act, the following acts in New 
Zealand: 
(a) To copy the work: 
(b) To issue copies of the work to the public, whether by sale 
or otherwise: 
(c) To perforIll the work in public: 
(d) To play the work in public: 
(e) To show the work in public: 
(f) To broadcast the w~rk or include the work ID a cable 
programme servIce: 
(g) To make an adaptation of the work: 
(h) To do any of the acts referred to in any of paragraphs (a) 
to (f) of this subsection in relation to an adaptation of 
the work: 
(i) To authorise another person to do any of the acts referred 
to in any of paragraphs (a) to (h) of this subsection. 
(2) Subsection (1) of this section applies subject to Parts III 
and VIII of this Act. 
Cf. Copyright, Designs and Patents Act 1988, s. 16 (1), (4) 
(U.K.); 1962,. No. 33, ss. 6 (1), 7 (3), 7 (4), 13 (5), 14 (5), 
1 7 (3) IP/NI1 INZL/CI1 
Page 24 
1994, No. 143 Copyright 23 
Qualification for Copyright 
17. ~ualification for copyright-( 1) Copyright does not 
exist in a work unless the requirements of section 18 or section 
19 or section 20 of this Act are satisfied in respect of that work. 
(2) Subsection (1) of this section does not apply to copyright 
that exists by virtue of section 26 or section 28 of this Act. 
(3) If the requirements of section 18 or section 19 or 
section 20 or section 26 or section 28 of this Act are once 
satisfied in resrect of a work, 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 
addition to the requirements of section 18 or section 1 9 or 
section 20 of this Act, that must be satisfied for copyright to 
exist in a work, copyright does not exist in a work unless the 
requirements of that provision and the requirements of 
section 18 or section 1 9 or section 20 of this Act are satisfied in 
respect of that work. 
Cf. Copyright, Designs and Patents Act 1988, s. 153 (U.K.) 
18. ~ualification 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) An individual domiciled or resident in New Zealand; 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) of this section, a work of joint 
authorship qualifies for copyright if, at the material time, any 
of the authors satisfies the requirements of subsection (1) or 
subsection (2) of this section. 
(4) Where a work of joint authorship qualifies for copyright 
under this section alone, only those authors who satisty the 
requirements of subsection (1) or subsection (2) of this section 
shall be taken into account for the purposes of the application, 
to that work, of the following provisions of this Act: 
(a) Section 21 (which relates to the first ownership of 
copyright): 24 Copyright IP/N/1/NZL/C/l 
Page 25 
1994, No. 143 
(b) Subsections (1) and (4) of section 22 (which relate to the 
duration of copyright in literary, dramatic, musical, 
or artistic works): 
(c) Section 67 (which relates to acts pennitted on assumptions 
as to expiry of copyright or death of the author in 
relation to anonymous or pseudonymous works). 
Cf. Copyright, Designs and Patents Act 1988, s. 154 (U.K.); 
1962, No. 33, ss. 7 (1), 12 (1), 13 (1), 14 (1), 15 (1), 17 (1) 
19. Q,ualification 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 shall not be regarded as other than the first publication 
by reason of silllultaneous publication elsewhere; and for this 
purpose publication elsewhere within the previous 30 days shall 
be treated as simultaneous. 
Cf. Copyright, Designs and Patents Act 1988, s. 155 (U.K.); 
1962, No. 33, ss. 7 (2), 13 (2), 14 (2), 17 (1) 
20. Q,ualification by reference to place of 
transtnission-( 1) A broadcast qualifies for copyright if it is 
made from-
(a) A place in New Zealand; or 
(b) A place in a prescribed foreign country. 
(2) A cable programme qualifies for copyright if it IS sent 
from-
(a) A place in New Zealand; or 
(b) A place in a prescribed foreign country. 
Cf. Copyright, Designs and Patents Act 1988, s. 156 (U.K.) 
Ownership cif Copyright 
21. First ownership of copyright-( 1) Subject to the 
provisions of this section, the person who is the author of a 
work is the first owner of any copyright in the work. 
(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. IP/NIlINZL/CI1 
Page 26 
1994, No. 143 Copyright 25 
(3) Where-
(a) A person comrrllssions, and pays or agrees to pay for, the 
taking of a photograph or the making of a computer 
program, painting, drawing, diagram, map, chart, 
plan, engraving, model, sculpture, fihn, or sound 
recording; and 
(b) The work is made in pursuance of that cornnrission,­
that person is the first owner of any copyright in the work. 
(4) Subsections (2) and (3) of this section apply subject to any 
agreement to the contrary. 
(5) Subsections (1) to (4) of this section apply subject to 
sections 26 and 28 of this Act. 
Cf. Copyright, Designs and Patents Act 1988, s. 11 (U.K.); 
1962, No. 33, ss. 9, 13 (4), 14 (4) 
Duration cif Copyright 
22. Duration of copyright in literary, dratnatic, 
Inusical, or artistic works-( 1) Subject to the following 
provisions of this section, copyright in a literary, dramatic, 
musical, or artistic work expires at the end of the period of 50 
years from the end of the calendar year in which the author 
dies. 
(2) If the work is computer-generated, copyright expires at 
the end of the period of 50 years from the end of the calendar 
year in which t.he work is made. 
(3) If the work is of unknown authorship, copyright expires at 
the end of the period of 50 years from the end of the calendar 
year in which it is first lTIade available to the public by an 
authorised act. 
(4) For the purposes of subsection (3) of this section, the 
circumstances in which a work may be made available to the 
public include,- I 
(a) In the case of a literary, dramatic, or musical work,­
(i) Performance in public: 
(ii) Being broadcast: 
(iii) Inclusion in a cable prograffilTIe service: 
(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) Inclusion in a broadcast: 
(iv) Inclusion in a cable programme service. 
(5) If-
(a) A work is of unknown authorship; and 26 Copyright IP/N/lINZL/C/l 
Page 27 
1994, No. 143 
(b) Copyright in the work has expired pursuant to 
subsection (3) of this section; and 
(c) The identity of the author becomes known after the 
copyright has expired,-
subsection (1) of this section does not apply to revive copyright 
in the work. 
(6) In relation to a work of joint authorship,-
(a) The reference in subsection (1) of this section to the death 
of the author 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 one 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) The reference in subsection (5) of this section to the 
identity of the author 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 of this Act applies. 
Cf. Copyright, Designs and Patents Act 1988, s. 12 (U.K.); 
1962, No. 33, s. 8 (1) . 
28. Duration of copyright in sound recordings and 
filtns-( 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) If it is made available to the public by an authorised act 
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) of this section, a sound 
recording or film is made available to the public when-
(a) The work is first-
(i) Published; or 
(ii) Broadcast; or 
(iii) Included in a cable programme service; or 
(b) In the case of a film or film sound track, -
(i) The work is first shown in public; or 
(ii) The work is first played in public. 
Cf. Copyright, Designs and Patents Act 1988, s. 13 (U.K.); 
1962, No. 33, ss. 13 (3), 14 (3) IP/N/1/NZL/C/1 
Page 28 
1994, No. 143 Copyright 27 
24. Duration of copyright in broadcasts and cable 
progratnrrtes-( 1) Copyright in a broadcast or a cable 
programme expires at the end of the period of 50 years from 
the end of the calendar year in which the broadcast is made or 
the cable programme is included in a cable programme service. 
(2) Copyright in a repeated broadcast or repeated cable 
programrne expires at the same time as copyright in the initial 
broadcast or initial cable programrne expires; and accordingly 
no copyright arises in respect of a repeated broadcast or 
repeated cable programme that is broadcast or, as the case 
requires, included in a cable programme service after the 
expiry of the copyright in the initial broadcast or, as the case 
requires, the initial cable programme. 
(3) A repeated broadcast means a broadcast that is a repeat 
of a broadcast previously made. 
(4) A repeated cable programme means a cable programme 
previously included in a cable programme service. 
Cf. Copyright, Designs and Patents Act 1988, s. 14 (U.K.); 
1962, No. 33, s. 15 (2), (3) 
25. Duration of copyright in typographical 
arrangetnent 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. 
Cf. Copyright, Designs and Patents Act 1988, s. 15 (U.K.); 
1962, No. 33, s. 1 7 (2) 
Crown Copyright 
26. Crown copyright--( 1) Where a work is made by a 
person ernployed or engaged by the Crown under a contract of 
serv~ce, a contract of apprenticeship, or a contract for 
servlces,-
(a) The \vork qualifies for copyright notwithstanding 
section 1 7 (1) of this Act; 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 such copyright is 
assigned to another person. 
(3) Crown copyright shall expire,-
(a) In the case of a typographical arrangement of a published 
edition, at the end of the period of 25 years from the 
end of the calendar year in which the work is rnade: 28 Copyright IP/N/I/NZL/C/l 
Page 29 
1994, No. 143 
(b) In the case of any other work, at the end of the period of 
100 years from the end of the calendar year in which 
the work is made. 
(4) In the case of a work of joint authorship where one 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, or a contract for services, this section applies 
only in 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) of this section applies subject to any 
agreement to the contrary. 
(7) This section is subject to section 27 of this Act. 
Cf. Copyright, Designs and Patents Act 1988, s. 163 (U.K.); 
1962, No. 33, s. 52 
27. No copyright in certain works-(I) 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 4 of the Acts Interpretation 
Act 1924: 
(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)Judgynents of any court or tribunal: 
(h) Reports of Royal commissions, commissions of inquiry, 
ministerial inquiries, or statutory inquiries. 
(2) Subsection (1) of this section shall come into force on a 
date to be appointed by the Governor-General by Order in 
Council; and one or more Orders in Council may be made 
appoin~ing different dates for different paragraphs of that 
subsectIon. 
28. Copyright vesting in certain international 
organisations-(I) Where an original work (being a literary, 
dramatic, musical, or artistic work or a fihn) is made by an 
officer or employee of, or is published by, an international 
organisation to which this section applies,-
(a) The work qualifies for copyright notwithstanding 
section 1 7 (1) of this Act; and IP/NI lINZL/CI 1 
Page 30 
1994, No. 143 Copyright 29 
(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 published 
edition, at the end of the period of 25 years from the 
end of the calendar year in which the work is made 
or such longer period as Inay be specified for the 
purposes of this paragraph pursuant to subsection (5) 
of this section: 
(b) In the case of any other work, at the end of the period of 
50 years from 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) of this section. 
(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 international organisation under this section. 
(4) An international organisation to which this section applies 
shall be deemed to have, and to have had at all material times, 
the legal capacities of a body corporate for the purposes of 
holding, dealing with, and enforcing copyright and in 
connection with all legal proceedings relating to copyright. 
(5) The Governor-General may froIn time to tiIne, by Order 
in Council,-
(a) Declare that any international organisation is an 
international organisation to which this section 
applies: 
(b) For the purposes of COInplyingwith any international 
obligation of New Zealand, specify a period for the 
purposes of paragraph (a) or paragraph (b) of 
subsection (2) of this section. 
Cf. Copyright, Designs and Patents Act 1988, s. 168 (U.K.); 
1962, No. 33, s. 50 
PART 11 
INFRINGEMENT OF COPYRIGHT 
Primary Infringement of Copyright 
29. Infringetnent 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) References in this Act to the doing of a restricted act are 
to the doing of that act-30 Copyright IP/N/lINZL/C/1 
Page 31 
1994, No. 143 
(a) In relation to the work as a whole or any substantial part 
of it; and 
(b) Either directly or indirectly;-
and it is iIllIllaterial whether any intervening acts theIllselves 
infringe copyright. 
(3) This Part of this Act is subject to Parts III and VIII of this 
Act. 
Cf. Copyright, Designs and Patents Act 1988, s. 16 (2), (3), 
(4) (U.K.); 1962, No. 33, s. 3 (1) 
30. Infringetnent by copying-The copying of a work is a 
restricted act in relation to every description of copyright work. 
Cf. Copyright, Designs and Patents Act 1988, s. 17 (1) 
(U.K.) 
81. Infringetnent 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. 
Cf. Copyright, Designs and Patents Act 1988, s. 18 ( 1 ) 
(U.K.) 
32.Infringetnent by performance or playing or 
showing in public-( 1) The perforIllance of a work in public 
is a restricted act only in relation to a literary, draIllatic, or 
Illusical work. 
(2) The playing or showing of a work in public is a restricted 
act only in relation to a sound recording, filIll, broadcast, or 
cable prograIllIlle. 
(3) Where copyright in a work is infringed by the 
perforIllance, playing, or showing of the work in public by 
Illeans of apparatus for receiving visual lIllages or sounds 
conveyed by electronic or other Illeans,-
(a) The person by WhOIll the visual iIllages or sounds are sent; 
and 
(b) In the case of a perforIllance, the perforIllers­
shall not be regarded as responsible for the infringement. 
(4) For the purposes of subsection (3) of this section, a person 
who sends visuaf iIllages or sounds does not include a person 
who retransIllits visual images or sounds. 
Cf. Copyright, Designs and Patents Acts 1988, s. 19 (1), (3), 
(4) (U.K.) 
88. Infringetnent by broadcasting or inclusion in cable 
progratntne service-The broadcasting of a work or its IP/N/lINZL/C/l 
Page 32 
1994, No. 143 Copyright 31 
inclusion in a cable prograrnrne service is a restricted act only 
in relation to-
(a) A literary, dramatic, musical, or artistic work: 
(b) A sound recording or film: 
(c) A broadcast or cable programme. 
C£ Copyright, Designs and Patents Act 1988, s. 20 (U.K.) 
84. Infringetnent by tnaking adaptation or act done in 
relation to adaptation-( 1) The making of an adaptation of a 
work is a restricted act only in relation to a literary, dramatic, 
or musical work. 
(2) For the purposes of subsection (1) of this section, an 
adaptation is made when it is recorded, in writing or otherwise. 
(3) The doing of any of the acts specified in any of sections 30 
to 33 of this Act or in subsection (1) of this section, 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) For the purposes of subsection (3) of this section, where 
the act done in relation to an adaptation of a work is an act 
specified in section 32 or section 33 of this Act, it is irrunaterial 
whether the adaptation has been recorded, in writing or 
otherwise, at the time the act is done. 
C£ Copyright, Designs and Patents Act 1988, s. 21 (1), (2) 
(U.K.) 
Secondar)! Infringement cif Copyright 
85. Itnporting infringing copy-Copyright in a work is 
infringed by a person who, other than pursuant to a copyright 
licence, imports into New Zealand, otherwise than for that 
person's private and domestic use, an object that is, and that 
the person knows or has reason to believe is, an infringing copy 
of the work. 
Cf. Copyright, Designs and Patents Act 1988, s. 22 (U.K.); 
1962, No. 33, ss. 10 (2), 18 (2) 
86. 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) In the course of a business or otherwise, sells or lets for 
hire; or 
(c) In the course of a business, offers or exposes for sale or 
hire; or 32 Copyright IP/N/lINZL/C/l 
Page 33 
1994, No. 143 
(d) In the course of a business, exhibits in public or 
distributes; or 
(e) Distributes otherwise than in the course of a business to 
such an extent as to affect prejudicially the copyright 
owner-
an object that is, and that the ferson knows or has reason to 
believe is, an infringing copy 0 the work. 
Cf. Copyright, Designs and Patents Act 1988, s. 23 (U.K.); 
1962, No. 33, ss. 10 (3), (4), 18 (3), (4) 
87. Providing Ineans for Inaking 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) In the course of a business or otherwise, sells or lets for 
hire; or 
(e) In the course of a business, offers or exposes for sale or 
hire-
an object specifically designed or adapted for making copies of 
that work, knowing or having reason to believe that the object 
is to be used to make such infringing copies. 
(2) Copyright in a work is infringed by a person who, other 
than pursuant to a copyright licence, transmits the work by 
means of a telecommunications system (otherwise than by 
broadcasting or inclusion in a cable programme service), 
knowing or having reason to believe that infringing copies of 
the work will be made by means of the reception of the 
transmission in New Zealand or elsewhere. 
Cf. Copyright, Designs and Patents Act 1988, s. 24 (U.K.) 
88. Pertnitting use of preD1.ises for infringing 
perfortnance-( 1) Where copyright in a literary, dramatic, or 
rnusical work is infringed by a perforrnance at a place of public 
entertainrnent, any person who gave permission for that place 
to be used for the perforrnance is also liable for the 
infringernent 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 entertainrnent" 
includes premises that are occupied mainly for purposes other IP/N/1/NZL/C/l 
Page 34 
1994, No. 143 Copyright 33 
than public entertainment but are from time to time made 
available for hire for the purposes of public entertainment. 
Cf. Copyright, Designs and Patents Act 1988, s. 25 (U.K.) 
89. Provision of apparatus for infringing perfonnance, 
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 electronic 
means,-
the persons described in subsections (2) to (4) of this section 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) He or she knew, or had reason to believe, that the 
apparatus was likely to be so used as to infringe 
copyright; or 
(b) In the case of apparatus whose normal use involves a 
performance, playing, or showing in public, he or she 
had no reasonable grounds for believing that the 
apparatus 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. 
Cf. Copyright, Designs and Patents Act 1988, s. 26 (U.K.) 
PART III 
ACTS PERMITTED IN RELATION TO COPYRIGHT WORKS 
40. Provisions to be construed independently-The 
provisions of this Part of this Act are to be construed 
independently of one another so that the fact that an act is not 34 Copyright IP IN I lINZL/CI 1 
Page 35 
1994, No. 143 
permitted by one provision does not mean that it is not 
permitted by another provision. 
Cf. Copyright, Designs and Patents Act 1988, s. 28 (4) 
(U.K.) 
41. Incidental copying of copyright work-( 1) Copyright 
in a work is not infringed by-
(a) The incidental copying of the work in an artistic work, a 
sound recording, a film, a broadcast, or a cable 
programme; or 
(b) The issue to the public of copies of an artistic work, the 
playing of a sound recording, the showing of a film, 
the making of a broadcast, or the inclusion of a cable 
prograIIlIl1e in a cable programme service, in which a 
copyright work has been incidentally copied; or 
(c) The issue to the public of copies of a sound recording, 
film, broadcast, or cable programme to which 
paragraph (a) or paragraph (b) of this subsection 
applies. 
(2) For the purposes of subsection (1) of this section, a 
musical work, words spoken or sung with music, or so much of 
a sound recording, broadcast, or cable programme as includes a 
musical work or such words, shall not be regarded as 
incidentally copied in another work if the musical work or, as 
the case requires, such words or that sound recording, 
broadcast, or cable programllle is deliberately copied. 
Cf. Copyright, Designs and Patents Act 1988, s. 31 (U.K.); 
1962, No. 33, s. 20 (3) 
42. CriticisIn., review, and news reporting-(l) 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 
accolllpanied by a sufficient acknowledgement. 
(2) Fair dealing with a work for the purposes of reporting 
current events by Illeans of a sound recording, film, broadcast, 
or cable progralllme 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) of this section does not 
infringe copyright in the work if such fair dealing is 
accolllpanied by a sufficient acknowledgement. 
Cf. Copyright, Designs and Patents Act 1988, s. 30 (U.K.); 
1962, No. 33, ss. 19 (2), (3), 20 (2), (3) IP/N/lINZL/C/l 
Page 36 
1994, No. 143 Copyright 35 
48. Research or private study-( 1) Fair dealing with a 
work for the purposes of research or private study does not 
infringe copyright in the work. 
(2) For the avoidance of doubt, it is hereby declared that fair 
dealing with a published edition for the purposes of research or 
private study does not infringe copyright in either the 
typographical arrangement of the edition 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) of this 
section, whether copying, by means of a reprographic process 
or by any other means, constitutes fair dealing for the purposes 
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 cOIllmercial price; and 
(d) The effect of the copying on the potential market for, or 
value of, the work; and 
(e) Where part of a work is copied, the amount and 
substantiality of the part copied taken in relation to 
the whole work. 
(4) Nothing in this section authorises the making of more 
than one copy .of the same work, or the same part of a work, on 
anyone occaSIon. 
Cf. Copyright, Designs and Patents Act 1988, s. 29 (1), (2) 
(U.K.); Copyright Act 1968, s.40 (1), (2) (AUSL); 1962, 
No. 33, ss. 19 (1), (5), 20 (1) 
Education 
44. Copying for educational purposes of literary, 
drantatic, Inusical, or artistic works or typographical 
arrangeInents-(I) 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 done by means of a reprographic process 
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 
(ill) In the course of instruction; and 36 Copyright IP IN 11 INZL/CI 1 
Page 37 
1994, No. 143 
(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) No more than one copy of the whole or part of the work 
or edition is made on anyone 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) The copying is done by a person who is to give, is giving, 
or has given the lesson or by a person who is to 
receive, is receiving, or has received the lesson; and 
(d) One or more copies of the whole or part of the work or 
edition is or are made on anyone occasion. 
(3) Copyright in a literary, dramatic, or musical work or the 
typographical arrangement of a published edition is not 
infringed by the copying of part of the work or edition if­
(a) The copying is done by means of a reprographic process 
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) One or more copies of part of the work or edition is or are 
made on anyone occasion; and 
(e) 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 a lesson; and 
(f) Subject to subsection (4) of this section, either,-
(i) In the period beginning with the commencement 
of this Act and ending with the close of the 31st day 
of December 1 997, the copying is of no more than 
the greater of 5 percent of the work or edition or 
5 pages of the work or edition; or 
(ii) On and after the 1 st day of January 1998, the 
copying is of no more than the greater of 3 percent of 
the work or edition or 3 pages of the work or edition. 
(4) If the effect of subparagraph (i) or subparagraph (ii) of 
subsection (3) (f) of this section would be that the whole of a IP/N/1/NZL/C/1 
Page 38 
1994, No. 143 Copyright 37 
work or edition is copied, those subparagraphs shall not apply 
and the copying that is pennitted under subsection (3) 0[-tills 
section shall be of no more than 50 percent of the whole work 
or edition. 
(5) Copyright in an artistic work is not infringed by the 
copying, by means of a reprographic process or by any other 
means, of the whole or a part of that work if the artistic work is 
included within the part of any work or edition copied under 
subsection (3) of this section. 
(6) Where anr part of a work or edition is copied under 
subsection (3) 0 this section by or on behalf of an educational 
establishment,-
(a) That part of that work or edition may not, within 14 days 
of that copying, be copied again under that 
subsection by or on behalf of that educational 
establishment; and 
(b) No other part of that work or edition may, within 14 days 
of that copying, be copied under that subsection by 
or on behalf of that educational establishment. 
(7) In subsections (3) to (6) of this section,-
"Published edition" or "edition", in relation to a collective 
work, means that part of the edition containing each 
work or part of a work: 
"Work", in relation to a collective work, means each of the 
works or parts of works in the collective work. 
C£ Copyright, Designs and Patents Act 1988, ss. 32 (1), 
36 (1) (V. K. ) 
45. Copying for educational purposes of fihns and 
sound recordings-( 1) Copyright in-
(a) Any work that is a sound recording, film, broadcast, or 
cable programme; or I 
(b) Any work included in a sound recording, film, broadcast, 
or cable programme-
is not infringed by the copying of that work in the 
circumstances set out in subsection (2) of this section. 
(2) The circumstances referred to in subsection (1) of this 
section are-
(a) That the copying consists of or includes the making of a 
film or film sound-track-
(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,-38 Copyright IP/N/lINZL/C/l 
Page 39 
1994, No. 143 
where the lesson is on how to make films or film 
sound-tracks; and 
(b) That the copying is done by or on behalf of a person who 
is to give, is giving, or has given the lesson or by or on 
behalf of alerson who is to receive, is receiving, or 
has receive 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 recording-
is not infringed by the copying of that work m the 
circumstances set out in subsection (4) of this section. 
(4) The circumstances referred to in subsection (3) of this 
section 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) That the copying is done by or on behalf of a person who 
is to give, is giving, or has given the lesson or by or on 
behalf of alerson who is to receive, is receiving, or 
has receive 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 tbe lesson. 
(5) Subsections (3) and (4) of this section do not apply if or to 
the extent that licences authorising the copying of a work in the 
circumstances set out in subsection (4) of this section are 
available under a licensing scheme and the person doing the 
copying knew that fact. 
Cf. Copyright, Designs and Patents Act 1988, s. 32 (2) 
(U.K.) 
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) Is intended for use in educational establishments and is so 
described in its title, and in any advertiseIllents issued 
by or on behalf of the publisher of that collection; and IP/N/I/NZL/C/l 
Page 40 
1994, No. 143 Copyright 39 
(b) Consists mainly of material in which no copyright exists 
or in which copyright is owned by the publisher of 
that 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) of this section does not authorise the 
copying of more than 2 passages from copyright works by the 
same author in collections published by the same publisher 
over any period of 5 years. 
(3) In relation to any given passage, the reference in 
subsection (2) of this section to passages from copyright works 
by the same author-
(a) Shall be taken to include passages from collective works of 
which that author is one of the authors; and 
(b) If the passage in question is from such a collective work, 
shall be taken to include passages from works by any 
of the authors, whether alone or in collaboration with 
another. 
(4) References in this section to the use of a work in an 
educational establishment are to any use for the educational 
purposes of such an establishment. 
(5) Subsection (1) of this section does not apply to a literary 
work that is a computer program. 
C£ Copyright, Desiglls and Patents Act 1988, s. 33 (U.K.); 
1962, No. 33, s. 19 (6) 
47. Perfonning, playing, or showing work in course of 
activities of educational establishtn.ent-{ 1) The 
performance of a literary, dramatic, or musical work before an 
audience consisting of persons who are students or staff 
members at an educational establishment or are directly 
connected with the activities of the establishrnent-
(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,-
is not a performance in public for the purposes of section 32 (1) 
of this Act. 
(2) The playing or showing, for the purposes of instruction, of 
a sound recording, film, broadcast, or cable programme before 
such an audience at an educational establishment is not a 40 Copyright IP IN 11 INZL/CI 1 
Page 41 
1994, No. 143 
playing or showing of the work in public for the purposes of 
section 32 (2) of this Act. 
(3) For the purposes of this section, a person shall not be 
treated as a person directly connected with the activities of an 
educational establishment by reason only that the person is a 
parent or guardian of a student at that educational 
establishment. 
Cf. Copyright, Designs and Patents Act 1988, s. 34 (U.K.); 
1962, No. 33, s. 21 (5) 
48. Recording by educational establishntents of 
broadcasts and cable prograntntes-( 1) A recording of a 
broadcast or cable programme, or a copy of such a recording, 
may be made by or on behalf of an educational establishment 
for the educational purposes of that establishment without 
infringing copyright in the broadcast or cable programme, or in 
any work included in it. 
(2) This section does not apply if or to the extent that licences 
authorising the recording of a broadcast or cable programme 
by or on behalf of an educational establishment are available 
under a licensing scheme and the educational establishment 
knew that fact. 
Cf. Copyright, Designs and Patents Act 1988, s. 35 (1), (2) 
(U.K.) 
49. Things done for purposes of exantination­
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. 
Cf. Copyright, Designs and Patents Act 1988, s. 32 (3) 
(U.K.); 1962, No. 33, s. 21 (4) (b) 
Libraries and Archives 
50. Interpretation-( 1) In sections 51 to 56 of this Act, 
unless the context otherwise requires,-
"Archive"-
(a) Means-
(i) The National Archives; 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 IP IN 11 INZL/CI 1 
Page 42 
1994, No. 143 Copyright 41 
(v) The film archive Illaintained by the New 
Zealand FilIll Archive Incorporated; or 
(vi) Any collection of documents (within the 
meaning of section 2 of the Official 
Information Act 1982) of historical 
significance or public interest that is in the 
custody of and being maintained by a 
body, whether incorporated or 
unincorporated, that does not keep and 
maintain the collection for the purpose of 
deriving a profit; and 
(b) Includes, in relation only to its holding of public 
archives (within the Illeaning of section 2 of the 
Archives Act 1957), any other library, museum, or 
other body approved by the Minister of Internal 
Affairs to be a repository of archival Illaterial under 
section 1 9 of the Archives Act 1957: 
"Prescribed library" means-
(a) The National Library; or 
(b) The Parliamentary Library; or 
(c) Every law library provided and maintained 
pursuant to section 26 (2) of the Law Practitioners Act 
1982; or 
(d) A library Illaintained by an educational 
establishIllent, governIllent departIllent, or local 
authority; or 
(e) A library of any other class of library prescribed 
by regulations made under this Act, not being a 
library conducted for profit. 
(2) In sections 51 to 56 of this Act, every reference to the 
librarian of a prescribed library or the archivist of an archive 
shall be read as including a person acting on behalf of the 
librarian or archivist. 
Cf. Copyright, Designs and Patents Act 1988, s. 37 (6) 
(U.K.) 
51. Copying by librarians of parts of published 
works-( 1) The librarian of a prescribed library may, if the 
conditions contained in subsection (2) of this section are 
cOIllplied with, make from a published edition (other than a 
published edition that is an article in a periodical), for supply to 
any person, a copy of a reasonable proportion of any literary, 
dramatic, or musical work, and Illay include in the copy any 
artistic work that appears within the proportion copied, without 
infringing copyright in the literary, dramatic, musical, or 42 Copyright IP/N/1/NZL/C/l 
Page 43 
1994, No. 143 
artistic work or the typographical arrangement of the published 
edition. 
(2) The conditions referred to in subsection (1) of this section 
are-
(a) That no person is supplied on the same occasion with 
more than one copy of the same material; and 
(b) That, where any person to whom a copy is supplied is 
required to pay for the copy, the payment required is 
no higher than a sum consisting of the total of the 
cost of production of the copy and a reasonable 
contribution to the general expenses of the library. 
(3) Where any person is supplied with, or otherwise comes 
into possession of, a copy mane in accordance with this section, 
that person may use the copy only for the purposes of research 
or private study. 
(4) This section does not apply to a literary work that is a 
computer program. . 
Cf. Copyright, Designs and Patents Act 1988, s. 39 (U.K.); 
1962, No. 33, s. 21 (1) 
52. Copying by librarians of articles in periodicals­
(1) The librarian of a prescribed library may, if the conditions 
contained in subsection (2) of this section are complied with, 
make for supply to 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,­
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) of this section 
are-
(a) That no person is supplied on the same occasion with 
more than one copy of the same article; and 
(b) That no person is supplied on the same occasion with 
copies of more than one article contained in the same 
issue 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 
required to pay for the copy, the payment required is 
no higher than a sum consisting of the total of the 
cost of production of the copy and a reasonable 
contribution to the general expenses of the library. IP/N/lINZL/C/1 
Page 44 
1994, No. 143 Copyright 43 
(3) Where any person is supplied with, or otherwise comes 
into possession of, a copy made in accordance with this section, 
that person may use the copy only for the purposes of research 
or private study. 
Cf. Copyright, Designs and Patents Act 1988, s. 38 (U.K.); 
1962, No. 33, s. 21 (1) 
58. Copying by librarians for users of other libraries­
(1) The librarian of a prescribed library may, if the condition 
contained in subsection (2) of this section is complied with, 
make from a published edition, for supply to another 
prescribed library, a copy of,-
(a) Subject to paragraph (b) of this subsection, a reasonable 
proportion of any literary, dralllatic, 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 
the periodical relating to the same subject-matter as 
the first article copied, the whole of that other article 
and any artistic work included in that article,-
without infringing copyright in the literary, dramatic, musical, 
or artistic work or the typographical arrangement of the 
published edition. 
(2) The condition referred to in subsection (1) of this section 
is that a person has 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, 
that person may use the copy only for the purposes of research 
or private study. 
(4) This section does not apply to a literary work that is a 
cOlllputer program. 
54. Copying by librarians for collections of other 
libraries-( 1) The librarian of a prescribed library may, if the 
conditions contained in subsection (2) of this section are 
complied with, make a copy of a literary, dramatic, or musical 
work .and any artistic work included in the work, where the 
copy 1S-
(a) From a published edition that is a book; and 44 Copyright IP/N/lINZL/C/1 
Page 45 
1994, No. 143 
(b) For supply to the librarian of another prescribed 
library,-
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) of this section 
are that the librarian to whom the copy of the work is 
supplied-
(a) Has been unable to obtain the work at an ordinary 
commercial price within the 6 months preceding the 
supply; and 
(b) Makes and keeps a record sufficient to identify the work 
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) In subsection (2) (d) of this section, the term "equitable 
remuneration" means 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 of this Act. 
(4) This section does not apply to a literary work that is a 
computer program. 
Cf. Copyright, Designs and Patents Act 1988, s. 41 (U.K.); 
1962, No. 3, s. 21 (2) 
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 of any item in the 
collection of the library or archive for the purposes of-
(a) Preserving or replacing that item by placing the copy in 
the collection of the library or archive in addition to 
or in place of the item; or 
(b) Replacing in the collection of another prescribed library 
or archive an item that has been lost, destroyed, or 
damaged,-
without infringing copyright in any work included in the item. 
(2) Subsection (1) of this section applies only where it is not 
reasonably practicable to purchase a copy of the item in 
question to fulfil the purpose. 
Cf. Copyright, Designs and Patents Act 1988, s. 42 (U.K.) 
56. Copying by librarians or archivists of certain 
unpublished works-( 1) The librarian of a prescribed library IP/N/l/NZL/C/l 
Page 46 
1994, No. 143 Copyright 45 
or the archivist of an archive may, if the conditions contained in 
subsection (3) of this section are complied with, copy for supply 
to any person a copy of an unpublished work in the library or 
archive, without infringing copyright in that work. 
(2) This section does not apply if the copyright owner has 
prohibited copying of the work and at the time the copy is 
made the librarian or archivist making it is, or ought to be, 
aware of that fact. 
(3) The conditions referred to in subsection (1) of this section 
are-
(a) That no person is supplied on the same occasion with 
more than one copy of the same work; and 
(b) That, where any person to whom a copy is supplied is 
required to pay for the copy, the payment required is 
no higher than a sum consisting of the total of the 
cost of production of the copy and a reasonable 
contribution to the general expenses of the library or 
archive. 
(4) Where any person is supplied with, or otherwise comes 
into possession of, a copy mane in accordance with this section, 
that person may use the copy only for the purposes of research 
or private study. 
(5) The provisions of this section do not apply to the sound 
archive maintained by Radio New Zealand Limited, the film 
archive maintained by Television New Zealand Lirnited, or the 
film archive maintained by the New Zealand Film Archive 
Incorporated. 
Cf. Copyright, Designs and Patents Act 1988, s. 43 (U.K.); 
1962, No. 33, s. 21 (3) 
57. Playing or showing sound recordings or filD1s­
(1) The sound archive maintained by Radio New Zealand 
Limited may play a sound recording held in the archive to an 
audience consisting of members of the public, without 
infringing copyright in the sound recording or in any work 
included in the sound recording, if the condition contained in 
subsection (3) of this section is complied with. 
(2) The film archive maintained by Television New Zealand 
LiInited 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) of this section is complied with. 46 Copyright IP/N/lINZL/C/l 
Page 47 
1994, No. 143 
(3) The condition referred to in subsections (1) and (2) of this 
section is that, where any person is required to pay to-
(a) Hear any sound recording played under subsection (1) of 
this section; or 
(b) See any film shown, and hear any sound recording 
associated with the film played, under subsection (2) 
of this section,-
the payment required is no more than a reasonable 
contribution 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 
authorising the playing of a sound recording, or the showing of 
a film and the p1aying of a sound recording associated with the 
fihn, by an archive to which this section applies are available 
and if the archive knew that fact. 
Public Administration 
58. Copying by Parliantentary Library for IneInbers of 
Parliantent-(l) An officer of the Parliamentary Library may, 
if the conditions contained in subsection (3) of this section 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) An officer of the Parliamentary Library may, if the 
conditions contained in subsection (3) of this section are 
complied with, supply to any member of Parliament a 
recording of a broadcast or cable programme or a transcript of 
a recording of the broadcast or cable programme, without 
infringing copyright in the broadcast or cable programme or 
any work included in that broadcast or cable programme. 
(3) The conditions referred to in subsections (1) and (2) of this 
section are-
(a) That no member of Parliament is supplied on the same 
occasion with more than one copy or recording or 
transcript, as the case may be, otthe same material; 
and 
(b) That the copy or recording or transcript is required by 
that member of Parliament for the purposes of 
performing his or her duties as such a member. 
59. Parliantentary and judicial proceedings-
( 1) Copyright is not infringed by anything done for the purposes 
of parliamentary or judicial proceedings. IP IN 11 INZL/CI 1 
Page 48 
1994, No. 143 Copyright 47 
(2) Copyrj.ght is not infringed by anything done for the 
purposes of reporting parliamentary or judicial proceedings. 
Cf. Copyright, Designs and Patents Act 1988, s. 45 (U.K.); 
1962, No. 33, ss. 19 (4), 20 (7) 
60. Royal cotntnissions and statutory inquiries­
( 1) Copyright is not infringed by anything done for the purposes 
of the proceedings of a Royal commission, commission of 
inquiry, ministerial inquiry, or statutory inquiry. 
(2) Copyright is not infringed by anything done for the 
purposes of reporting any proceedings of a Royal commission, 
commission of inquiry, ministerial inquiry, or statutory inquiry 
that are held in public. 
(3) Copyright in a work is not infringed by the issue to the 
public of cories of the report of a Royal commission, 
commission 0 inquiry, ministerial inquiry, or statutory inquiry 
containing the work or material from it. 
Cf. Copyright, Designs and Patents Act 1988, s. 46 (U.K.) 
61. Material open to public inspection or on official 
register-( 1) Subject to any Order in Council made under 
subsection (4) of this section, where material is open to public 
inspection or public reference pursuant to a statutory 
requirement, or is on a statutory register, copyright in the 
material is not infringed by the copying of the material, by or 
with the authority of the appropriate person, for a purpose that 
does not involve the issuing ot copies to the public. 
(2) Subject to any Order in Council made under subsection 
(4) of this section, where material is open to public inspection or 
public reference pursuant to a statutory requirement, copyright 
is not infringed by the copying or issuing to the public of copies 
of the material, by or with the authority of the appropriate 
person, for the purpose of enabling the material to be inspected 
at a more convenient tiIlle or place or otherwise facilitating the 
exercise of any right for the purpose of which the requirement 
is imposed. 
(3) Subject to any Order in Council made under subsection 
(4) of this section, where material that is open to public 
inspection or public reference pursuant to a statutory 
requirement, or that is on a statutory register, contains 
information about matters of general scientific, technical, 
commercial, or economic interest, copyright is not infringed by 
the copying or issuing to the public of copies of the material, by 
or with the authority of the appropriate person, for the purpose 
of disseminating that information. 48 Copyright IP IN 11 INZL/CI 1 
Page 49 
1994, No. 143 
(4) The Governor-General may from time to time, by Order 
in Council, provide that all or any of subsections (1) to (3) of this 
section 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, provide that all or any of subsections (1) to (3) of this 
section apply, to such extent and with such modifications as 
may be specified in the order, in relation to-
(a) Material made open to public inspection or public 
reference by-
(i) An international organisation specified ID the 
order; or 
(ii) A person specified in the order who has 
functions in New Zealand under an international 
agreement to which New Zealand is a party; or 
(b) A register maintained by an international organisation 
specified in the order,-
as those p~ovisions apply in relation to material open to public 
inspection' or public reference pursuant to a statutory 
requirement or by virtue of being on a statutory register. 
(6) In thi~ section,-
"Appr<I>priate person" means the person required to make 
th~ material open to public inspection or public 
reference or, as the case may be, the person 
mamtaining 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. 
Cf. Copyright, Designs and Patents Act 1988, ss. 47, 49 
(U.K.); 1962, No. 33, s. 61 
62. Material cOInlDunicated to the Crown in course of 
public business-( 1) This section applies where-
(a) A literary, dramatic, musical, or artistic work has, in the 
course of public business, been communicated to the 
Crown for any purpose, by or with the licence of the 
copyright owner; and 
(b) A document (within the meaning of section 2 of the 
Official Information Act 1982) recording or 
embodying the work is owned by, or is in the custody 
or control of, the Crown. IP/N/lINZL/C/l 
Page 50 
1994, No. 143 Copyright 
(2) The Crown may, for-49 
(a) The purpose for which the work was cornrnunicated 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) The Crown may not copy a work, or issue copies of a 
work to the public, under this section if the work has previously 
been published otherwise than under this section. 
(4) In subsection ( 1) of this section, the term "public 
business" includes any activity carried on by the Crown. 
(5) This section has effect subject to any agreement to the 
contrary between the Crown and the copyright owner. 
Cf. Copyright, Designs and Patents Act 1988, s. 48 (U.K.) 
68. Use of copyright D1.aterial for services of the 
Crown-( 1) Copyright in a work is not infringed by anything 
done in relation to the work, by or on behalf of the Crown or 
any person authorised in writing by a governrnent 
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) Where a;Jr act is done under subsection (1) of this section, 
the Crown sh be liable to pay, out of money appropriated by 
Parliament for the purpose, equitable remuneration to the 
copyright owner upon such terms as may be agreed upon 
between the Crown and the copyright owner or, in the absence 
of agreement, upon such terms as shall be determined by the 
Tribunal. 
I 
(3) No act to which subsection (1) of this section applies 
shall-
(a) Constitute publication of a work; or 
(b) Affect the term of copyright in a work. 
Cf. 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 govenunent 
department shall be effective to prevent any act being done in 
relation to a copyright work, where that act is done under 
section 63 of this Act. 50 Copyright 
(2) Where-IP/N/lINZL/C/1 
Page 51 
1994, No. 143 
(a) An act is done under section 63 of this Act; and 
(b) An exclusive licence is in force in respect of the work in 
relation to which the act is done,-
the Crown shall be liable to pay, out of Illoney appropriated by 
Parliament for the purpose, equitable remuneration to the 
licensee upon such terITIS as Illay be agreed between the Crown 
and the licensee or, in the absence of agreeIllent, upon such 
terITIS as shall be determined by the Tribunal. 
(3) Where-
(a) A person has a right in relation to a work, by any licence 
other than an exclusive licence; and 
(b) A paYIllent is Illade, in respect of that work, under 
section 63 of this Act to the copyright owner or under 
subsection (2) of this section to the exclusive 
licensee,-
the person is entitled to recover froIll the owner or exclusive 
licensee, as the case Illay be, such part of any paYIllent as Illay 
be agreed between that person and the copyright owner or the 
exclusive licensee, as the case Illay be, or, in the absence of 
agreement, as shall be determined by the Tribunal. 
Cf~ 1962, No. 33, s. 54 
65. Proceedings against the Crown-( 1) Where any 
eIllployee or agent of the Crown infringes copyright in a work, 
and the infringeIllent is cOIllrnitted with the authority of the 
Crown, civil proceedings in respect of the infringeIllent shall, 
subject to this Act, lie against the Crown under the Crown 
Proceedings Act 1 950. 
(2) Nothing in subsection (1) of this section shall affect the 
rights of the Crown, or any person authorised by a government 
departIllent, under section 63 of this Act. 
Cf. 1962, No. 33, s. 55 (1), (2) 
66. Acts done under statutory authority-( 1) Where the 
doing of a particular act is specifically authorised by an 
enactment, the doing of that act does not infringe copyright, 
unless the enactIllent provides otherwise. 
(2) Nothing in this section shall be construed as excluding any 
defence of statutory authority otherwise available under or 
pursuant to any enactIllent. 
Cf. Copyright, Designs and Patents Act 1988, s. 50 (U.K.) IP/NIlINZL/CI 1 
Page 52 
1994, No. 143 Copyright 
Literary., Dramatic., Musical., or Artistic Works 51 
67. Acts pennitted on assuInptions as to expiry of 
copyright or death of author in relation to anonytnous 
or pseudonytnous works-(I) 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) It is not possible for a person who wishes to do so to 
ascertain the identity of the author by reasonable 
inquiry; and 
(b) It is reasonable to assume-
(i) That copyright has expired; or 
(ii) That the author died 50 years or Illore before 
the beginning of the calendar year in which the act is 
done or the arrangeIllents are made. 
(2) Subsection (1) (b) (ii) of this section does not apply in 
relation to-
(a) A work in which Crown copyright exists under section 26 
of this Act;. or 
(b) A work-
(i) In which copyright originally vested in an 
international organisation under section 28 of this 
Act; 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) The reference in subsection (1) (a) of this section to its 
being possible to ascertain the identity of the author 
shall be construed as a reference to its being possible 
to ascertain the identity of any of the authors; and 
(b) The reference in subsection (1) (b) (ii) of this section to the 
author having died shall be constIUed as a reference 
to all the authors having died. 
Cf. Copyright, Designs and Patents Act 1988, s. 57 (U.K.) 
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) Broadcasting or including in a cable prograIllme service 
the whole or part of the work,-
it is not an infringement of copyright in the words as a literary 
work to use the recording or Illaterial taken from it (or to copy 52 Copyright IP IN 11 INZL/CI 1 
Page 53 
1994, No. 143 
the recording, or any such material, and use the copy) for that 
purpose, if the conditions in subsection (2) of this section are 
complied with. 
(2) The conditions referred to in subsection (1) of this section 
are that-
(a) The recording is a direct record of the spoken words and 
is not taken from a previous recording or from a 
broadcast or cable programme; 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 is 
not of a kind prohibited by or on behalf of the 
speaker or copyright owner before the recording was 
made; and 
(d) The use is by or with the authority of a person who is 
lawfully in possession of the recording. 
Cf. Copyright, Designs and Patents Act 1988, s. 58 (U.K.) 
69. Provision of Braille copies of literary or dramatic 
works-( 1) A body prescribed by regulations made under this 
Act may, if the conditions contained in subsection (2) of this 
section are complied with, make 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) of. this section 
are-
(a) That the prescribed body has made reasonable efforts to 
obtain a copy of the complete work, in Braille or 
otherwise modified as required by the person or 
persons to whom it is to be provided, within a 
reasonable time at an ordinary commercial price, but 
has been unable to 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, the body shall, as soon as is reasonably 
practicable, take all reasonable steps to notify the 
owner of the copyright in the work of the making of 
the copy or adaptation; and IP IN I lINZL/C/l 
Page 54 
1994, No. 143 Copyright 53 
(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 production of the copy and a reasonable 
contribution to the general expenses of the 
prescribed body. 
(3) A body shall not be prescribed for the purposes of 
subsection (1) of this section if it is established or conducted for 
profit. 
(4) For the purposes of this section, a person has a print 
disability 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. 
70. Public reading or recitation-( 1) The reading in 
public or recitation in public by one person of a reasonable 
extract from a published literary or dramatic work shall not be 
treated as a performance in public for the purposes of section 
32 (1) of this Act, if that reading or recitation is accompanied by 
a sufficient acknowledgement. 
(2) Copyright in a work is not infringed by the making of a 
sound recording, or the broadcasting or inclusion in a cable 
programme, of a reading or recitation that pursuant to 
subsection (1) of this section is not treated as a performance in 
public, if the recording, broadcast, or· cable programme consists 
mainly of material in relation to which it is not necessary to rely 
on that subsection. 
Cf. Copyright, Designs and Patents Act 1988, s. 59 (U.K.); 
1962, No. 33, s. 19 (8) 
71. Abstracts of scientific or technical articles-Where 
an article on a scientific or technical subject is published in a 
periodical accornpanied 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. 
Cf. Copyright, Designs and Patents Act 1988, s. 60 (1) 
(U.K.) 
72. Recordings of folk-songs-(I) A sound recording of a 
performance of a song may be made for the purpose of 
including the song in an archive maintained by a body 54 Copyright JP IN I lINZL/C/l 
Page 55 
1994, No. 143 
prescribed by regulations made under this Act, without 
infringing copyright in the words as a literary work or in the 
accompanying musical work, if the conditions in subsection (2) 
of this section are complied with. 
(2) The conditions referred to in subsection (1) of this section 
are that-
(a) The words are unpublished and of unknown authorship at 
the time the recording is made; and 
(b) The making of the recording does not infringe any other 
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) of this section and included in an archive 
maintained by a body prescribed by regulations made under 
this Act may, if the condition contained in subsection (4) of this 
section is complied with, be made and supplied by the archivist 
without infringing copyright in the recording or the works 
included in it. 
(4) The condition referred to in subsection (3) of this section 
is that no person is furnished with more than one copy of the 
same recording. ' 
Cf. Copyright, Designs and Patents Act 1988, s. 61 (U.K.) 
78. Representation of certain artistic works on public 
display-( 1) This section applies to the following works: 
(a) Buildings: 
(b) Works (being sculptures, models for buildings, or works 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) Copying the work by making a graphic work representing 
it; or 
(b) Copying the work by making a photograph or film of it; 
or 
(c) Broadcasting, or including in a cable programme, a visual 
image of the work. 
(3) Copyright is not infringed by the issue to the public of 
copies, or the broadcasting or inclusion in a cable programme, 
of anything whose making was, under this section, not an 
infringement of copyright. 
Cf. Copyright, Designs and Patents Act 1988, s. 62 (U.K.) IP/NIlINZL/CI1 
Page 56 
1994, No. 143 Copyright 55 
74. Special exception frolD protection of literary or 
artistic works-( 1) The making of any object in 3 dimensions 
(including, subject to subsection (2) of this section, 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 Office in respect of a New 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 
registered protection in New Zealand has ceased; and 
(ii) Is used for the purpose of making the object. 
(2) Subsection (1) of this section does not authorise-
(a) The making of a copy in 2 dimensions of an artistic 
work-
(i) To which subsection (1) of this section applies; 
and 
(ii) That is in 2 dimensions,-
where the copy is made directly from that artistic 
work; or 
(b) The making of a copy of a literary work to which 
subsection (1) of this section applies, where the copy 
is made directly from that literary work. 
(3) Where a patent that has ceased to have effect is restored 
by an order made under section 35 of the Patents Act 1953, 
nothing done pursuant to subsection (1) of this section in the 
period beginning with the day on which the patent ceased to 
have effect and ending with the close of the day on which the 
order is made shall constitute an infringement of copyright in 
any literary or artistic work or copy of the work forming part of 
the patent specification. 
ef. 1962, No. 33, s. 20A; 1985, No. 134, s. 4 
75. Special exception frolD 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) of this section, a copy in 
2 dimensions reasonably required for the making of 
the object-
does not infringe copyright in an artistic work if, when the 
object or copy is made, the artistic work has been applied 56 Copyright IP/NI 1 INZL/CI 1 
Page 57 
1994, No. 143 
industrially, in New Zealand or in any other country, by or with 
the licence of the copyright owner,-
(c) In the case of a work of artistic craftsIllanship, Illore than 
25 years before the object or copy is Illade: 
(d) In the case of a sculpture that is a cast or pattern for an 
object that has a primarily utilitarian function, Illore 
than 16 years befure the object or copy is Illade: 
(e) Subject to subsection (2) of this section, in the case of any 
other artistic work, Illore than 16 years before the 
object or copy is Illade. 
(2) Subsection (1) of this section does not apply to-
(a) A sculpture that is not a cast or pattern for an object that 
has a primarily utilitarian function; or 
(b) A work of architecture, being a building or a model for a 
building. 
(3) Subsection (1) of this section 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) of this section, 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) The work is copied in 3 dimensions in one or more objects 
manufactured in lengths, for the purposes of sale or 
hire; or 
(c) The work is copied as a plate that has been used to 
produce-
(i) More than 50 copies of an object in 3 dimensions 
for the purpose of sale or hire; or . 
(ii) One or more objects in 3 dimensions 
manufactured in lengths for the purposes of sale or 
hire. 
(5) For the purposes of subsection (4) of this section, 2 or 
more copies in 3 dimensions that are of the same general 
character and intended for use together are a single copy. 
Cf. 1962, No. 33, s. 20B; 1985, No. 134, s. 5 
76. Special exception froD). protection of literary and 
artistic works relating to medicines-The copying or 
adaptation or publication of a literary work or an artistic work 
does not infringe copyright in that work if that work-
(a) Relates to a medicine that has been imported by the 
Crown pursuant to section 32A of the Medicines Act 
1981; and IP 1Nl 1 INZL/CI 1 
Page 58 
1994, No. 143 Copyright 57 
(b) Has been lllade, 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. 
Cf. 1962, No. 33, s. 20c; 1990, No. 71, s. 5 
77. Making of subsequent works by satne artist-Where 
the author of an artistic work is not the copyright owner, he or 
she does not infringe copyright in that work by copying the 
work in lllaking another artistic work, if the main design of the 
earlier work is not repeated or imitated. 
Cf. Copyright, Designs and Patents Act 1988, s. 64 (U.K.); 
1962, No. 33, s. 20 (9) 
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. 
Cf. Copyright, Designs and Patents Act 1988, s. 65 (U.K.); 
1962, No. 33, s. 20(10) 
Computer Programs~ Sound Recordings~ and Films 
79. Rental by educational establishtnents and 
libraries-Copyright in a work (being a computer program, 
sound recording, or film) is not infringed by the rental of that 
work to any person by an educational establishment or a 
prescribed library within the llleaning of section 50 of this Act, 
where-
(a) The educational establishment or prescribed library does 
not effect the rental of the work for the purposes of 
making 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 cotnputer progratn.-( 1) Subject to 
subsection (3) of this section, copyright in a computer progralll 
is not infringed by the making of a copy of the cOlllputer 
prograIll if-
(a) The copy is Illade by or on behalf of the lawful user of the 
copy of the program (in this section referred to as the 58 Copyright IP/N/lINZL/C/l 
Page 59 
1994, No. 143 
"original copy") froIll which the first-Illentioned copy 
is Illade; and 
(b) The copy is ITIade solely for the purpose of being used by 
or on behalf of the lawful user of the original copy­
(i) Instead of the original copy in order to preseIVe 
the original copy for use if the copy is lost, destroyed, 
or rendered unusable; or 
(ii) If the original copy is lost, destroyed, or 
rendered unusable. 
(2) If the original copy is lost, destroyed, or rendered 
unusable, the copy Illade pursuant to subsection (1) of this 
section shall be deeIlled for the purposes of this section to be 
the original copy. 
(3) Subsection (1) of this section does not apply to the making 
of a copy of a cOIllputer program-
(a) From an infringing copy of the cOIllputer program; or 
(b) Contrary to an express direction by or on behalf of the 
owner of the copyright in the computer progralll 
given to the lawful user of the original copy not later 
than the tillle when the lawful user of the original 
copy acquired that original copy. 
(4) For the purposes of this section,-
(a) A reference to a cOlllputer program includes a reference 
to an adaptation of that progralll; 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 ITIaterial fOmI; and 
(c) A reference to an express direction, in relation to a copy 
of a cOITIputer program, includes a reference to a 
clearly legible direction printed on the copy or on a 
package in which the copy is supplied. 
Cf. Copyright Act 1968, s. 43A (Aust.) 
81. Playing of sound recordings for purposes of club, 
society, etc.-( 1) It is not an infringelllent ot 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) of this 
section are cOIllplied with. 
(2) The conditions referred to in subsection (1) of this section 
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 IP/N/1/NZL/C/l 
Page 60 
1994, No. 143 Copyright 59 
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. 
Cf. Copyright, Designs and Patents Act 1988, s. 67 (U.K.); 
1962, No. 33, s. 13 (6) 
Broadcasts and Cable Programmes 
82. Recording for purposes of tnaintaining standards 
in broadcasts and cable progratntnes-The making of a 
recording of a broadcast or cable programme does not infringe 
copyright in the broadcast or cable programme, or in any work 
included in the broadcast or cable programme, if the recording 
is made by the author of the broadcast or cable programme 
solely for the purpose of checking on the maintenance of 
standards in programmes broadcast by the author or, as the 
case may be, cable programmes transmitted by the author. 
8S. Recording for purposes of cotnplaining-(I) The 
making of a recording of a broadcast or cable programme 
solely for the purpose of enabling the person who made the 
recording to prepare and despatch a complaint, including the 
recording, to any person or body having responsibility for 
dealing with compfaints about the content of broadcasts or 
cable programmes or advertising contained in broadcasts or 
cable programmes does not infringe copyright in the broadcast 
or cable programme or in any work included in the broadcast 
or cable programme. 
(2) A recording that is-
(a) Made under subsection (1) of this section; and 
(b) Retained for any longer than is reasonably necessary to 
enable the person who made the recording to prepare 
and despatch the complaint-
infringes copyright in the broadcast or cable programme 
recorded and in any work included in the recording, and shall 
be treated as an infringing copy. 
84. Recording for purposes of tilDe shifting-(I) The 
making for private and domestic use of a recording of a 
broadcast or cable programme solely for the purpose of 
enabling the recording to be viewed or listened to at a more 
convenient time does not infringe copyright in the broadcast or 60 Copyright IP/N/1/NZL/C/1 
Page 61 
1994, No. 143 
cable prograrrune or in any work included in the broadcast or 
cable progralllllle. 
(2) A recording that is-
(a) Made under subsection (1) of this section; and 
(b) Retained for any longer than is necessary-
(i) To enable the recording to be viewed or listened 
to at a more convenient tilTIe; and 
(ii) If the person who viewed or listened to the 
recording wishes to lllak.e a cOlllplaint, to enable that 
person to prepare and despatch a complaint, 
including the recording, to any person or body Iiaving 
responsibility for dealing with complaints about the 
content of broadcasts or cable pro graffilTIe s or 
advertising contained in broadcasts or cable 
programmes-
infringes copyright in the broadcast or cable programme 
recorded and in any work included in the recording, and shall 
be treated as an infringing copy. 
Cf. Copyright, Designs and Patents Act 1988, s. 70 (U.K.); 
1962, No. 33, s. 15 (4) (a), (b) 
85. Incidental recording for purposes of broadcast or 
cable progratntne-( 1) This section applies where, under an 
assignment or licence, a person is authorised to broadcast or 
include in a cable programllle service-
(a) A literary, dramatic, or musical work, or an adaptation of 
such a work; or 
(b) An artistic work; or 
(c) A sound recording or film. 
(2) Where this section applies, the person so authorised may, 
without the consent of the copyright owner but only if the 
conditions contained in subsection (3) of this section are 
cOlllplied with, do or authorise the doing of any of the 
following acts for the purposes of the broadcast or cable 
program.rne: 
(a) In the case of a literary, dramatic, or musical work, or an 
adaptation of such a work, copy the work or 
adaptation by making a sound recording or film of 
the work or adaptation: 
(b) In the case of an artistic work, copy the work by taking a 
photograph or making a film of the work: 
(c) In the case 01 a sound recording or a film, make a copy of 
the recording or film. 
(3) The conditions referred to in subsection (2) of this section 
are-IP/NIlINZL/CI 1 
Page 62 
1994, No. 143 Copyright 61 
(a) That the recording, fillll, photograph, or copy is not used 
for any other purpose; and 
(b) That the recording, film, pho~ograph, or copy is destroyed 
within 6 months of being first used for broadcasting 
the work or, as the case may be, including the work in 
a cable programllle, unless the Minister has 
authorised the preservation of any recording, fillll, 
photograph, or copy in the records of a government 
department or in the National Archives because of its 
documentary character or exceptional illlportance. 
(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) of this section; and 
(b) For all purposes after either of the conditions contained in 
subsection (3) of this section is broken. 
Cf. Copyright, Designs and Patents Act 1988, s. 68 (U.K.); 
1962, No. 33, s. 19 (9), (10) 
86. Photographs of television broadcasts or cable 
progratnD1.es-Copyright in-
(a) A television broadcast or cable programme; or 
(b) Any film included in that broadcast or programllle-
is not infringed by the copying for private and domestic use of 
the whole or any part of an image forming part of the 
television broadcast or cable programme by-
(c) The taking of a photograph of the image; or 
(d) The making of a copy ot such a photograph. 
Cf. Copyright, Designs and Patents Act 1988, s. 71 (U.K.); 
1962, No. 33, s. 15 (4) (a) 
87. Free public playing or showing of broadcast or 
cable prograD1.D1.e-( 1) The playing in public or showing in 
public of a broadcast (other than a broadcast to which 
subsections (4) to (7) of this section apply) or cable progralllme 
to an audience who have not paid for 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) of this section, the 
audience shall be treated as having paid for admission to a 
place-62 Copyright IP IN 11 INZL/CI 1 
Page 63 
1994, No. 143 
(a) If they have paid for admission to a place of which that 
place forllls part; or 
(b) If goods or services are supplied at that place, or a place 
of which that place fOrllls part,-
(i) At prices that are substantially attributable to 
the facilities afforded for hearing or seeing the 
broadcast or cable programme; or 
(ii) At prices exceeding those usually charged there 
and that are partly attributable to those facilities; or 
(c) If the place is a botel, lllotel, camping ground, or any 
other place that admits persons for a fee for the 
purposes of obtaining accommodation of a temporary 
nature and they are persons residing at the hotel, 
motel, camping ground, or other place. 
(3) For the purposes of subsection (1) of this section, the 
foUowing persons shall 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, Illotel, camping ground, or other place 
to which subsection (2) (c) of this section applies): 
(b) Persons admitted as members of a club or society where 
the paYIllent is only for membership of the club or 
society and the provision of facilities for hearing or 
seeing broadcasts or cable programmes is only 
incidental to the main purposes of the club or society. 
(4) Subsections (5) to (7) of this section apply in respect of the 
playing or showing of a broadcast-
(a) That is made for reception in the area in which it is played 
or shown; and 
(b) That is not a satellite transmission or an encrypted 
transmission; and 
(c) That is shown or played simultaneously upon reception of 
the transInission of the broadcast. 
(5) The playing in public or showing in public of a broadcast 
to which subsection (4) of this section applies to an audience 
who have not paid for admission to the place where the 
~roadcast is to be heard or seen does not infringe any copyright 
m-
(a) The broadcast; or 
(b) Any sound recording or film included in the broadcast. 
(6) For the purposes of subsection (5) of this section, the 
audience shall be treated as having paid for admission to a 
place-
(a) If they have paid for admission to a place of which that 
place fOrllls part; or IP/N/I/NZL/C/l 
Page 64 
1994, No. 143 Copyright 63 
(b) If goods or services are supplied at that place, or a place 
of which that place fonns part,-
(i) At prices that are substantially attributable to 
the facilities afforded for hearing or seeing the 
broadcast; or 
(ii) At prices exceeding those usually charged there 
and that are partly attributable to those facilities. 
(7) For the purposes of subsection (5) of this section, the 
following persons shall not be treated as having paid for 
admission to a place: 
(a) Persons admitted as residents or irunates of a place 
(including, without limitation, persons residing in a 
hotel, Illotel, call1ping ground, or any other place that 
adnlits persons for a fee for the purposes of obtaining 
accoIllIllodation of a temporary nature): 
(b) Persons admitted as members of a club or society where 
the paYIllent is only for meIllbership of the club or 
society and the provision of facilities for hearing or 
seeing broc:tdcasts or cable prograIllIlles is only 
incidental to the main purposes of the club or society. 
(8) Where the Illaking of the broadcast or inclusion of the 
programIlle in a cable prograIllIlle service was an infringeIllent 
of the copyright in a sound recording or fihn, the fact that the 
broadcast or prograIllIlle 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 infringeIllent. 
Cf. Copyright, Designs and Patents Act 1988, s. 72 (U.K.) 
88. Reception and retranstnission of broadcast in cable 
progratntne service-( 1) This section applies where a 
broadcast Illade frOIll a place in New Zealand is, by reception 
and .immediate retransmission, included in a cable prograIllIlle 
servIce. 
(2) Where this section applies,-
(a) Copyright in the broadcast is not infringed if and to the 
extent that the broadcast-
(i) Is Illade for reception in the area in which the 
cable programme service is provided; and 
(ii) Is not a satellite transIllission or an encrypted 
transmission: 
(b) Copyright in any work included in the broadcast is not 
infringed if and to the extent that the broadcast is 
Illade for reception in the area in which the cable 
prograIllIlle service is provided: 64 Copyright IP/NIlINZL/CI 1 
Page 65 
1994, No. 143 
(c) Where the IIlaking of the broadcast was an infringeIIlent 
of the copyright in any work included in the 
broadcast, the fact that the broadcast was 
retransm.itted as a prograIIlIIle in a cable prograIIlIIle 
service shall be taken into account in assessing the 
daITlages for that infringeIIlent. 
(3) This section does not apply if or to the extent that licences 
authorising the reception and iIIlITlediate retransm.ission of a 
broadcast and any work included in the broadcast are available 
to the person providing the cable program.rne service under a 
licensing scheIIle and the person providing the cable 
prograIIlITle service knew that fact. 
Cf. Copyright, Designs and Patents Act 1988, s. 73 (U.K.); 
1962, No. 33, s. 60 
89. Provision of subtitled copies of broadcast or cable 
progratnDl.e-( 1) A body prescribed by regulations IIlade 
under this Act IIlay, for the purpose of providing people who 
are deaf or hard of hearing, or physically or IIlentally 
handicapped in any other way, with copies that are subtitled or 
otherwise ITlodified for their special needs, IIlake copies of 
television broadcasts or cable prograIIlIIles and issue copies to 
the public, without infringing any copyright in the broadcasts 
or prograITlIlleS or works included in those broadcasts or 
prograIIlITles. 
(2) A body shall not be prescribed for the purposes of 
subsection (1) of this section if it is established or conducted for 
profit. 
Cf. Copyright, Designs and Patents Act 1988, s. 74 (U.K.) 
90. Recording for archival purposes-( 1) A recording of 
a broadcast or cable prograIIlIIle of a class prescribed by 
regulations ITlade under this Act, or a copy of such a recording, 
IIlay be IIlade for the purpose of being placed in an archive 
IIlaintained by a body prescribed by regulations IIlade under 
this Act, without infringing copyright in the broadcast or 
prograIIlIIle or in any work included in the broadcast or 
prograIIlme. 
(2) A body shall not be prescribed for the purposes of 
subsection (1) of this section if it is established or conducted for 
profit. 
Cf. Copyright, Designs and Patents Act 1988, s. 75 (U.K.) IP/NIlINZL/CI 1 
Page 66 
1994, No. 143 Copyright 65 
91. Recording by D1.edia D1.onitors-( 1) A person who­
(a) Makes a recording of a broadcast or cable progranune, 
being a broadcast or cable prograrnrne that consists 
wholly or substantially of news or reports or 
discussions of current events; or 
(b) Makes a transcript of such a recording-
does not infringe copyright in the broadcast or cable 
programme or in any work included in the broadcast or cable 
progranune, if the conditions contained in subsection (2) of this 
section are complied with. 
(2) The conditions referred to in subsection (1) of this section 
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 one 
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) In subsection (2) (d) of this section, the term "equitable 
remuneration" means a sum agreed by the person who makes 
the recording and the copyright owner or, in the absence of 
agreement, a sum determined by the Tribunal on an 
application under section 168 of this Act. 
(4) This section does not apply if or to the extent that licences 
authorising the recording of broadcasts or cable programmes 
and the making of transcripts of the recordings are available 
under a licensing scheme and the person making the recording 
knew that fact. 66 Copyright 
Adaptations IP/N/1/NZL/C/l 
Page 67 
1994, No. 143 
92. Adaptations-An act that under this Act may be done 
without infringing copyright in a literary, dramatic, or musical 
work does not, where that work is an adaptation, infringe any 
copyright in the work from which the adaptation was made. 
Cf. Copyright, Designs and Patents Act 1988, s. 76 (U.K.) 
Subsequent Dealings 
93. Subsequent dealings with copies lYlade under this 
Part-( 1) Where a copy that would otherwise be an infringing 
copy-
(a) Is either-
(i) Made in accordance with any of the provisions of 
this Act referred to in subsection (2) of this section; or 
(ii) Made in accordance with any of the provisions 
of this Act referred to in subsection (2) of this section 
and, where the provision in accordance with which 
the copy is made allows the copy to be dealt with, 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) of this subsection, unless that dealing is 
an authorised dealing; and 
(d) For the purposes of any dealing that is subsequent to the 
dealing referred to in paragraph (b) of this subsection, 
unless the first-mentioned dealing is an authorised 
dealing. 
(2) The provisions referred to in subsection (1) of this section 
are as follows: 
(a) Section 44 (which relates to copying for educational 
purposes of literary, dramatic, musical, or artistic 
worKs or typographical arrangements): 
(b) Section 45 (which relates to copying for educational 
purposes of films and sound recordings): 
(c) Section 48 (which relates to recording by educational 
establishInents of broadcasts and cable programmes): 
(d) Section 49 (which relates to things done for the purposes 
of an examination): 
(e) Section 51 (which relates to copying by librarians of parts 
of published works): 
(f) Section 52 (which relates to copying by librarians of 
articles in periodicals): IP/NIlINZL/CI 1 
Page 68 
1994, No. 143 Copyright 67 
(g) Section 53 (which relates to copying by librarians for users 
of other libraries): 
(h) Section 55 (which relates to copying by librarians or 
archivists to replace copies of works): 
(i) Section 56 (which relates to copying by librarians or 
archivists of certain unpublished works): 
U) Section 58 (which relates to copying by the Parliamentary 
Library for ll1ell1bers of Parliall1ent): 
(k) Section 69 (which relates to the provision of Braille copies 
of literary or drall1atic works): 
(1) Section 83 (which relates to recording for the purposes of 
complaining): 
(m) Section 84 (which relates to recording for the purposes of 
time shifting): 
(n) Section 90 (which relates to recording for archival 
purposes). 
(3) In subsection (1) of this section, the terlll "dealt with" 
means-
(a) Sold or let for hire in the course of a business or 
otheIWise; or 
(b) Offered or exposed for sale or hire in the course of a 
business. 
Cf. Copyright, Designs and Patents Act 1988, ss. 32 (5), 
35 (3), 36 (5) (U.K.) 
PART IV 
MORAL RIGHTS 
Right to be Identified as Author or Director 
94. Right to be identified as author or director­
(1) Subject to section 97 of this Act,-
(a) The author of a literary, drall1atic, musical, or artistic 
work that is a copyright work has the right to be 
identified 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 circUll1stances described in this section, but the right is 
not infringed unless it has been asserted in accordance with 
section 96 of this Act. 
(2) The author of a literary work (other than words intended 
to be sung or spoken with Illusic) or a dramatic work has the 
right to be identified as the author of the work whenever­
(a) The work is published cOffiIllercially, perforllled in public, 
broadcast, or included in a cable prograrnrne; or 68 Copyright IP/N/1/NZL/C/l 
Page 69 
1994, No. 143 
(b) Copies of a film or sound recording including the work 
are issued to the public. 
(3) The author of-
(a) A literary work (other than words intended to be sung or 
spoken with music); or 
(b) A dramatic work-
from which an adaptation is made has the right to be identified 
as the author of the work from which the adaptation is made 
whenever any of the events described in subsection (2) of this 
section occurs in relation to the adaptation of the work. 
(4) The author of a musical work, or a literary work 
consisting of words intended to be sung or spoken with music, 
has the right to be identified as the author of the work 
whenever-
(a) The work is published comInercially; or 
(b) Copies of a sound recording of the work are issued to the 
public; or 
(c) A fihn whose sound-track includes the work is shown in 
public; or 
(d) Copies of such a film are issued to the public. 
(5) TIle author of-
(a) A Inusical work; or 
(b) A literary work consisting of words intended to be sung or 
spoken with music-
froIn which an adaptation is made has the right to be identified 
as the author of the work from which the adaptation is made 
whenever any of the events described in subsection (4) of this 
section 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) The work is published commercially or exhibited in 
public; or 
(b) A visual image of the work is broadcast or included in a 
cable programme; or 
(c) A film including a visual image of the work is shown in 
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 Inodel 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 IP/N/lINZL/C/l 
Page 70 
1994, No. 143 Copyright 69 
constructed or, where more than one 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) The film is shown in public, broadcast, or included ill a 
cable programme; or 
(b) Copies of the film are issued to the public. 
Cf. Copyright, Designs and Patents Act 1988, s. 77 (1)-(6), 
(9) (U.K.) 
95. Content of right to be identified-( 1) The right 
conferred by section 94 of this Act on an author or director is 
as 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, in some other manner likely to bring his 
or her identity to the attention of a person acquiring a 
copy: 
(b) Irl the case of identification on a building, to be identified 
by appropriate means visible to persons entering or 
approaching the building: 
(c) In any" otiler 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 perforlllance, exhibition, showing, broadcast, 
cable programme, graphic work, or photograph. 
(2) For the purposes of subsection (1) of this section, if the 
author or director, in asserting his or her right to be identified, 
specifies a pseudonYlll, initials, or SOllle other particular forlll of 
identification, that form shall be used, but, in any other case, 
any reasonable forlll of identification may be used. 
Cf. Copyright, Designs and Patents Act 1988, s. 77 (7), (8) 
(U.K.) 
96. Right must be asserted-( 1) A person does not infringe 
the right conferred by section 94 of this Act by failing, in the 
circumstances described in that section, to identify the author 
as the author of the work or to identify the director as the 
director of the work, as the case may be, unless the right has 
been asserted under this section in such a way as to require that 
person to so identify the author or director. 70 Copyright IP/N/1/NZL/C/1 
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1994, No. 143 
(2) The right may be asserted generally, or in relation to any 
specified circumstances,-
(a) On an assignment of copyright in the work, by including 
in the instrument effecting the assignment a 
statement that the author or director asserts in 
relation to that work his or her right to be identified 
as the author or director, as the case may be; or 
(b) At any time, by instrument ID writing signed by the 
author or director. 
(3) The right may be asserted ID relation to the public 
exhibition of an artistic work-
(a) By ensuring that when the author or other first owner of 
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 original or copy, or on a frame, mount, 
or other thing to which it is attached; or 
(b) By including in any licence by which the author or other 
first owner of copyright authorises the making of 
copies of the work a statement signed by or on behalf 
of the author or other first owner of the copyright 
that the author asserts his or her right to be identified 
as the author in the event of the public exhibition of a 
copy made in pursuance of the licence. 
(4) The persons bound by an assertion of the right under 
subsection (2) or subsection (3) of this section are,-
(a) In the case of an assertion under subsection (2) (a) of this 
section, the assignee and anyone claiming through 
the assignee, whether or not the person claiming 
through the assignee has notice of the assertion; and 
(b) In the case of an assertion under subsection (2) (b) of this 
section, anyone to whose notice the assertion is 
brought; and 
(c) In the case of an assertion under subsection (3) (a) of this 
section, 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) of this 
section, 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. IP/N/lINZL/C/l 
Page 72 
1994, No. 143 Copyright 71 
( 5) In an action for infringement of the right, the court shall, 
in considering remedies, take into account any delay in 
asserting the right. 
Cf. Copyright, Designs and Patents Act 1988, s. 7 8 (U. K. ) 
97. Exceptions to right to be identified-(l) The right 
conferred by section 94 of this Act 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 
following provisions of this Act, would not infringe copyright in 
the work: 
(a) Section 41 (which relates to the incidental copying of a 
work in an artistic work, sound recording, film, 
broadcast, or cable programme): 
(b) Section 42 (which relates to criticism, review, and news 
reporting): 
(c) Section 49 (which relates to things done for the purposes 
of an examination): 
(d) Section 59 (which relates to parliamentary and judicial 
proceedings): 
(e) Section 60 (which relates to Royal commissions and 
statutory inquiries): 
(f) Section 67 (which relates to acts permitted on assumptions 
as to expiry of copyright or death of author in 
relation to anonymous or pseudonymous works). 
(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, 
ffi-
(a) A newspaper, m.agazine, or similar periodical; or 
(b) An encyclopaedia, dictionary, year-book, or other 
collective 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) The right does not apply to any act done by or with the 
licence of the copyright owner in relation to a work in which 
copyright first vested in the author's employer under section 
21 (2) of this Act or in the director's employer under section 
5 (2) (b) of this Act, if-72 Copyright IP/NIl/NZL/CI1 
Page 73 
1994, No. 143 
(a) The author or director cannot readily be identified at the 
time of the act; or 
(b) In the case of a literary, dramatic, musical, or artistic 
work-
(i) More than 2 persons were involved in the 
creation of the work and it is impracticable at the 
time of the act to identify the respective contributions 
of each person to the work; and 
(ii) The authors have not previously been identified 
in 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 
of this Act; or 
(b) A work in which copyright first vested in an international 
organisation under section 28 of this Act,-
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, where that part-
(i) Appears incidentally in another film; or 
(ii) Is broadcast on television; or 
(iii) Is included in a cable programme,-
if that part is not a substantial part of the film. 
Cf. Copyright, Designs and Patents Act 1988, s. 79 (U.K.) 
Right to Object to Derogatory Treatment of Work 
98. Right to object to derogatory treatD1.ent of work­
(1) For the purposes of this section and section 99 of this Act,­
(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;-
and in the following provisions of this section any reference to a 
derogatory treatment of a work shall be construed accordingly. 
(2) Subject to sections 100 and 101 of this Act,-IP/N/lINZL/C/l 
Page 74 
1994, No. 143 Copyright 73 
(a) The author of a literary, drarnatic, rnusical, or artistic 
work that is a copyright work; and 
(b) The director of a filrn that is a copyright work-
has the right not to have his or her work subjected to a 
derogatory treatrnent. 
Cf. Copyright, Designs and Patents Act 1988, s. 80 (1), (2), 
(8) (U.K.) 
99. Content of right to object to derogatory 
treattnent-( 1) In the case of a literary, drarnatic, or rnusical 
work, the right conferred by section 98 (2) of this Act is 
infringed by a person who-
(a) Publishes cornrnercially, perforrns in public, broadcasts, or 
includes in a cable programme a derogatory 
treatment of the work; or 
(b) Issues to the public copies of-
(i) A film or sound recording of; or 
(ii) A film or sound recording that includes­
a derogatory treatment of the work. 
(2) In the case of an artistic work, the right conferred by 
section 98 (2) of this Act is infringed by a person who-
(a) Publishes cornrnercially or exhibits in public a derogatory 
treatrnent of the work, or broadcasts or includes in a 
cable prograrnrne a visual irnage of a derogatory 
treatment of the work; or 
(b) Shows in public a filrn that includes a visual image of a 
derogatory treatrnent of the work or issues to the 
public copies of such a film; or 
(c) In the case of--
(i) A sculpture; or 
(ii) A work of architecture in the form of a rnodel 
for a building; or 
(iii) A work of artistic craftsrnanship,-
issues to the public copies of a graphic work 
representing, or of a photograph of, a derogatory 
treatment of the work. 
(3) Subsection (2) of this section 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 filrn, the right conferred by section 98 (2) 
of this Act is infringed by a person who-
(a) Shows in public, broadcasts, or includes in a cable 
prograrnrne a derogatory treatrnent of the film; or 74 Copyright IP IN I lINZL/C/l 
Page 75 
1994, No. 143 
(b) Issues to the public copies of a derogatory treatment of 
the film; or 
(c) Along with the film,-
(i) Plays in public, broadcasts, or includes in a cable 
programme; or 
(ii) Issues to the public copies of-
a derogatory treatment of the film sound-track. 
(5) The right conferred by section 98 (2) of this Act 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. parts are attributed to, or are likely to be 
regarded as the work of, the author or director. 
(6) The right conferred by section 98 (2) of this Act IS 
infringed by a person who, in the course of a business,­
(a) Possesses; or 
(b) Sells or lets for hire; or 
(c) Off~rs or exposes for sale or hire; or 
(d) Exhibits in public or distributes-
an 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) Has been, or is likely to be, the subject of any of the acts 
described in this section in circumstances infringing 
the right conferred by section 98 (2) of this Act. 
(7) The right conferred by section 98 (2) of this Act is 
infringed by a person who does an act described in 
subsection (1) or subsection (2) or subsection (4) or subsection (6) 
of this section or who authorises another person to do such an 
act. 
Cf. Copyright, Designs and Patents Act 1988, ss. 80 (3)-(7), 
83 (U.K.) 
100. Exceptions to right to object to derogatory 
treatlDent of literary, draInatic, lDusical, or artistic 
work-( 1) The right conferred by section 98 (2) of this Act 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, m-
(a) A newspaper, magazine, or similar periodical; or IP IN 11 INZL/CI 1 
Page 76 
1994, No. 143 Copyright 75 
(b) An encyclopaedia, dictionary, year-book, or other 
collective 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) The right does not apply in relation to any subsequent 
exploitation elsewhere, without any modification of the 
published version, of a work to which subsection (3) of this 
section applies. 
(5) The right is not infringed by an act that, under section 67 
of this Act, would not infringe copyright. 
(6) The right does not apply in relation to any work made for 
the purpose of reporting current events. 
(7) The right is not infringed by any act done for the purpose of-
(a) Avoiding the commission of an offence; or 
(b) Complying with a duty in"lposed by or under any 
enactment-
if,-
(c) Where the author is identified at the tiIne of the act, there 
is a clear and reasonably prominent indication, given 
at the time of the act and appearing with the 
identification, 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 tiIne of 
the act, that the work has been subjected to 
treatment to which the author has not consented. 
(8) The right does not apply to any act done, by or with the 
licence of the copyright owner, in relation to-
(a) A work in which copyright first vested in the author's 
employer under section 21 (2) of this Act; or 
(b) A work in which Crown copyright exists under section 26 
of this Act; or 
(c) A work in which copyright first vested in an international 
organisation under section 28 of this Act-
unless the author-
(d) Is identified at the time of the act; or 
(e) Has previously been identified in or on published copies of 
the work. 
(9) Where the right applies under subsection (8) of this 
section, the right is not infringed if,-
(a) Where the author is identified at the time of the act, there 
is a clear and reasonably prominent indication, given 76 Copyright IP/NIlINZL/CI1 
Page 77 
1994, No. 143 
at the time of the act and appearing with the 
identification, that the work has been subjected to 
treatfllent 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 tiflle of 
the act, that the work has been subjected to 
treatfllent to which the author has not consented. 
101. Exceptions to right to object to derogatory 
treattnent of filtns-(I) The right conterred by section 98 (2) 
of this Act is, in relation to filflls, 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) The right is not infringed by any act done for the purpose 
of,-
(a) In relation to the broadcast of a film,-
(i) Complying with a duty imposed under section 4 
of the Broadcasting Act 1989; or 
(ii) Avoiding the commission of an offence; or 
(iii) Complying with a duty imposed by or under 
any enactment; or 
(b) In relati~n to the inclusion of a film in a cable prograIllflle 
servlce,-
if,-(i) Maintaining standards that are consistent with 
the observance of good taste and decency and the 
maintenance of law and order; or 
(ii) Avoiding the commission of an offence; or 
(iii) Complying with a duty imposed by or under 
any enactment-
(c) Where the director is identified at the time of the act, 
there is a clear and reasonably prominent indication, 
given at the time of the act and appearing with the 
identification, that the filfll has been subjected to 
treatment to which the director has not consented; or 
(d) Where the director has rreviousl y been identified in or on 
published copies 0 the work, there is a clear and 
reasonably prominent indication, given at the time of 
the act, that the filITI has been subjected to treatfllent 
to which the director has not consented. 
(4) The right does not apply to any act done, by or with the 
licence of the copyright owner, in relation to-IP/NIlINZL/CI 1 
Page 78 
1994, No. 143 Copyright 77 
(a) A film in which copyright first vested in the director's 
employer under section 5 (2) (b) of this Act; or 
(b) A film in which Crown copyright exists under section 26 
of this Act; or 
(c) A film in which copyright first vested in an international 
organisation under section 28 of this Act-
unless the director-
( d) Is identified at the time of the act; or 
(e) Has previously been identified in or on published copies of 
the film. 
(5) Where the right applies under subsection (4) of this 
section, the right is not intringed if,-
(a) Where the director is identified at the time of the act, 
there is a clear and reasonably prominent indication, 
given at the time of the act and appearing with the 
identification, 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) The right is not infringed, ill relation to the broadcast of a 
fillll or the inclusion of a film in a cable prograIDllle service, 
where the person making the broadcast or including the fillll in 
a cable programme service-
(a) Makes such deletion or deletions from the film as is or are 
reasonably required to enable that person to-
(i) Comply with guidelines followed by that person 
as to the programIlles that Illay be shown in 
particular time periods; or 
(ii) Fit the film into the time scheduled to show it; 
or 
(b) Broadcasts or transmits the film in separate parts because 
of its length; or 
(c) Uses a clip of a film in an advertiseIllent for the showing 
of a film. 
Cf. Copyright, Designs and Patents Act 1988, ss. 81, 82 
(U.K.) 
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, or artistic work or a filIll, 78 Copyright IP/N/lINZL/C/l 
Page 79 
1994, No. 143 
means an express or implied statement as to the identity of the 
author of the work or the director of the film. 
(2) A person has the right-
(a) Not to have a literary, dramatic, musical, or artistic work 
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) of this section is 
infringed by a person who-
(a) Issues to the public copies of-
(i) A literary, dramatic, musical, or artistic work; or 
(ii) A film-
in 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) The right conferred by subsection (2) of this section IS 
infringed by a person who,-
(a) In the case of a literary, dramatic, or musical work,­
(i) Performs the work in public; or 
(ii) Broadcasts the work; or 
(ill) Includes the work in a cable programrne,­
accompanied by a false attribution; or 
(b) In the case of a film,- . 
(i) Shows the film in public; or 
(ii) Broadcasts the film; or 
(ill) Includes the film in a cable programme,­
accompanied by a false attribution,-
knowing, or having reason to believe, that the attribution IS 
false. 
(5) The right conferred by subsection (2) of this section IS 
infringed by-
(a) The issue to the public; or 
(b) The public display-
of material containing a false attribution in connection with any 
of the acts referred to in subsection (3) or subsection (4) of this 
section. 
(6) The right conferred by subsection (2) of this section 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 IP/N/lINZL/C/l 
Page 80 
1994, No. 143 
(ii) A film-Copyright 
in or on which there is a false attribution; or 79 
(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 £ilrn-
in or on which there is a false attribution; or 
(c) In the case of an artistic work, possesses the work when 
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) of this section is 
infringed by a person who does an act described in this section 
or who authorises another person to do such an act. 
Cf. Copyright, Designs and Patents Act 1988, s. 84 (1)-(5), 
(7) (U.K.); 1962, No. 33, s. 62 (1), (2) 
108. False representation as to literary, dratnatic, or 
D1.usical 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) A person has the right not to have a literary, dramatic, or 
musical work falsely represented as being an adaptation of a 
work of which the person is the author. 
(3) The right conferred by subsection (2) of this section is 
infringed by a person who issues to the public copies of a 
literary, dramatic, or musical work in or on which there is a 
false representation, knowing or having reason to believe that 
the representation is false. I 
(4) The right conferred by subsection (2) of this section is 
infringed by a person who performs in public, broadcasts, or 
includes in a cable programme a literary, dramatic, or musical 
work, accompanied by a false representation, knowing or 
having reason to believe that the representation is false. 
(5) The right conferred by subsection (2) of this section is 
infringed by-
(a) The issue to the public; or 
(b) The public display-
of material containing a false representation in connection with 
any of the acts mentioned in subsection (3) or subsection (4) of 
this section. 80 Copyright IP/N/l/NZL/C/I 
Page 81 
1994, No. 143 
(6) The right conferred by subsection (2) of this section is 
infringed by a person who, in the course of a business,-
(a) Possesses a copy of a literary, dramatic, or musical work 
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, or musical work in or on which there is a 
false representation,-
knowing, or having reason to believe, that there is such a 
representation and that the representation is false. 
(7) The right conferred by subsection (2) of this section is 
infringed by a person who does an act described in this section 
or who authorises another person to do such an act. 
Cf. Copyright, Designs and Patents Act 1988, s. 84 (8) (a) 
(U.K.); 1962, No. 33, s. 62 (3) 
104. False representations as to artistic work-(I) In this 
section, the term "representation" means an express or implied 
statement as to a matter referred to in paragraph (a) or 
paragraph (b) or paragraph (c) of subsection (2) of this section. 
(2) The author of an artistic work has the right-
(a) Not to have the work falsely represented as the unaltered 
work of the author if the work has been altered after 
the author parted with possession of the work; and 
(b) Not to have a copy of a work that has been altered after 
the authorjarted with possession of the work falsely 
represente as a copy of an unaltered work of the 
author; and 
(c) Not to have a copy of an artistic work falsely represented 
as being a copy made by the author of tIle artistic 
work. 
(3) The right conferred by subsection (2) of this section 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) of this section is 
infringed by-
(a) The issue to the public; or 
(b) The public display-
of material containing a false representation in connection with 
any act referred to in subsection (3) of this section. 
(5) The right conferred by subsection (2) of this section is 
infringed by a person who, in the course of a business,-IP/N/1/NZL/C/1 
Page 82 
1994, No. 143 Copyright 81 
(a) Possesses 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; 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) of this section is 
infringed by a person who does an act described in this section 
or who authorises another person to do such an act. 
Cf. Copyright, Designs and Patents Act 1988, s. 84 (6), 
(8) (b) (U.K.); 1962, No. 33, s. 62 (4), (6) 
Right to Privacy cif Certain Photographs and Films 
105. Right to privacy of certain photographs and 
fihns-( 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) Not to have copies of the work issued to the public; and 
(b) Not to have the work exhibited or shown in public; and 
(c) Not to have the work broadcast or included in a cable 
programme. 
(2) Subject to subsection (3) of this section, the right 
conferred by subsection (1) of this section is infringed by a 
person who does an act of the kind described in paragraph (a) 
or paragraph (b) or paragraph (c) of subsection (1) of this 
section. 
(3) The right conferred by subsection (1) of this section is not 
infringed by an act 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 
work in an artistic work, film, broadcast or cable 
programme): 
(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): 82 Copyright IP/NIlINZL/CI 1 
Page 83 
1994, No. 143 
(e) Section 67 (which relates to acts permitted on assumptions 
as to expiry of copyright or death of the author in 
relation to anonymous or pseudonymous works). 
(4) The right conferred by subsection (1) of this section is 
infringed by a person who does an act described in 
subsection (2) of this section or who authorises another person 
to do such an act. 
Cf. Copyright, Designs and Patents Act 1988, s. 85 (U.K.) 
Supplementary Provisions 
106. Duration of rights-( 1) The rights conferred by the 
following provisions of this Act expire when the copyright in 
any work that is the subject of the right expires: 
(a) Section 94 (which relates to the right to be identified as 
author or director): 
(b) Section 98 (which relates to the right to object to 
derogatory treatment of a work): 
(c) Section 105 (which relates to the right to privacy of certain 
photographs and films). 
(2) The rights conferred by the following provisions of this 
Act expire at the end of the period of 20 years from the end of 
the calendar year in which the person who is entitled to the 
right dies: 
(a) Section 102 (which relates to false attribution of the 
identity of an author or director): 
(b) Section 103 (which relates to a false representation as to 
literary, dramatic, or musical works): 
(c) Section 104 (which relates to false representations as to 
artistic works). 
C£ Copyright, Designs and Patents Act 1988, s. 86 (U.K.); 
1962, No. 33, s. 62 (5) 
107. Consent and waiver of rights-(l) It is not an 
infringement of any of the rights conferred by this Part of this 
Act to do any act to which the person who is entitled to the 
right has consented. 
(2) Any of the rights conferred by this Part of this Act may be 
waived by instrument in writing signed by the person waiving 
the right. 
(3) A waiver given pursuant to subsection (2) of this section­
(a) May relate to a specific work, or to works of a specified 
description that are in existence, in progress, or about 
to be commenced; and 
(b) Shall state the rights to which the waiver relates; and IP/N/lINZL/C/l 
Page 84 
1994, No. 143 Copyright 83 
(c) May be expressed to be subject to revocation; and 
(d) If made in favour of the owner or prospective owner of 
the copyright in the work or works to which the 
waiver relates, shall be presumed to extend to his or 
her licensees and successors in title unless a contrary 
intention is expressed. 
Cf. Copyright, Designs and Patents Act 1988, s. 87 (U.K.) 
108. Application of provisions to joint works other 
than fihns-( 1) This section does not apply to a film. 
(2) A consent or waiver under section 107 of this Act by one 
joint author does not affect the rights of the other joint authors. 
(3) The right conferred by section 94 of this Act is, in the case 
of a work of joint authorship, a right of each joint author to be 
identified as a joint author, and rnust be asserted in accordance 
with section 96 of this Act by each joint author in relation to 
hiInself or herself. 
(4) The right conferred by section 98 of this Act is, in the case 
of a work of joint authorship, a right of each joint author. 
(5) The right conferred by section 102 of this Act is infringed, 
in the circumstances described in that section,-
(a) By any false statement as to the authorship of a work of 
joint authorship; and 
(b) By the false attribution of joint authorship in relation to a 
work of sole authorship;-
and such a false attribution infringes the right of every person 
to whorn authorship of any description is, whether rightly or 
wrongly, attributed. 
(6) The right conferred by section 103 of this Act is infringed, 
in the circumstances described in that section, by any false 
representation as to an adaptation of a work of joint 
authorship, and such a false representation infringes the right 
of each joint author. 
(7) The right conferred by section 104 of this Act is infringed, 
in the circumstances described in that section, by any false 
representation as to a matter referred to in paragraph (a) or 
paragraph (b) or paragraph (c) of subsection (2) of that section, 
and such a false representation infringes the right of each joint 
author. 
(8) The right conferred by section 105 of this Act is, in the 
case of a photograph made in pursuance of a joint cornrnission, 
a right of each person who cornrnissioned the taking of the 
photograph, so that-
(a) The right of each person is satisfied if he or she consents 
to the act in question; and 84 Copyright IP/N/lINZL/C/1 
Page 85 
1994, No. 143 
(b) A waiver under section 107 of this Act by one person does 
not affect the rights of the other persons. 
Cf. Copyright, Designs and Patents Act 1988, s. 88 (1)-(4), 
(6) (U.K.) 
109. Application of provisions to joint works that are 
fihns-( 1) Where a film was, or is alleged to have been, jointly 
directed,-
(a) A consent or waiver under section 107 of this Act by one 
joint director does not affect the rights of the other 
joint directors; and 
(b) The right conferred by section 94 of this Act is a right of 
each joint director to be identified as a joint director, 
and must be asserted in accordance with section 96 of 
this Act by each joint director in relation to himself or 
herself; and 
(c) The right conferred by section 98 of this Act is a right of 
each joint director; and 
(d) The right conferred by section 102 of this Act is infringed, 
in the circumstances described in that section,-
(i) By any false stateIllent as to the directorship of 
the film; or 
(ii) By the false attribution of joint directorship in 
relation to a filIll of sole directorship;-
and such a false attribution infringes the right of 
every person to WhOIll directorship of any description 
is, whether rightly or wrongly, attributed. 
(2) For the purposes of subsection (1) of this section, a film is 
jointly directed if the filIll is made by the collaboration of 2 or 
more directors and the contribution of each director is not 
distinct froIll that of the other director or directors. 
(3) The right conferred by section 105 of this Act is, in the 
case of a film made in pursuance of a joint commission, a right 
of each person who commissioned the making of the film, so 
that-
(a) The right of each person is satisfied if he or she consents 
to the act in question; and 
(b) A waiver under section 107 of this Act by one person does 
not affect the rights of the other persons. 
Cf. Copyright, Designs and Patents Act 1988, s. 88 (5) 
(U.K.) 
110. Application of provisions to parts of works­
( 1) The rights conferred by section 94 or section 105 of this Act 
apply in relation to the whole or any substantial part of a work. IP/N/lINZL/C/1 
Page 86 
1994, No. 143 Copyright 85 
(2) The rights conferred by the following provisions of this 
Act apply in relation to the whole or any part of a work: 
(a) Section 98 (which relates to the right to object to 
derogatory treatment of a work): 
(b) Section 102 (which relates to false attribution of the 
identity of an author or director): 
(c) Section 103 (which relates to a false representation as to 
literary, dramatic, or musical works): 
(d) Section 104 (which relates to false representations as to 
artistic works). 
Cf. Copyright, Designs and Patents Act 1988, s. 89 (U.K.) 
PART V 
DEALING WITH RIGHTS IN COPYRIGHT WORKS 
Licences to Deal with Copyright Works 
Ill. Licences-( 1) A licence granted by a copyright owner 
is binding on every successor in title to that person's interest in 
the copyright, except a purchaser in good faith for valuable 
consideration and without notice (actual or constructive) of the 
licence or a person deriving title from such a purchaser; and 
references in this Act to doing any thing-
(a) With, or without, the licence of the copyright owner; or 
(b) Other than pursuant to a copyright licence-
shall be construed accordingly. 
(2) The licensee under an exclusive licence has the same 
rights against a successor in title who is bound by the licence as 
that licensee has against the copyright owner. 
Cf. Copyright, Designs and Patents Act 1988, s. 90 (4), 
92 (2) (U.K.); 1962, No. 33, s. 56 (4) 
112. Warranty itnplied in certain licences-(l) Where 
any person grants a licence for-
(a) The performance, broadcast, or inclusion in a cable 
programrne of a copyright work that is a literary, 
dramatic, or rnusicaI work or a sound recording or 
film; or 
(b) The inclusion of a copyright work that is an artistic work 
in a performance, broadcast, or cable programrne,­
there shall be implied a warranty in the licence either-
(c) That the person by whorn or on whose behalf the licence 
is granted is the owner of the copyright in the work, 
sound recording, or film that is the subject of the 
licence; or 86 Copyright IP/NIlINZL/CI1 
Page 87 
1994, No. 143 
(d) That the person by whom or on whose behalf the licence 
is granted is authorised to grant such a licence by the 
owner of the copyright in the work, sound recording, 
or fihn that is the subject of the licence. 
(2) Where a court is satisfied that-
(a) A person falsely claiming to be, or to have the licence of, 
the owner of the copyright in a literary, dramatic, 
musical, or artistic work or a sound recording or fihn 
has threatened or commenced proceedings designed to-
(i) Prohibit a performance or broadcast of that 
work, sound recording, or filIll, or the inclusion of 
that work, sound recording, or film in a cable 
programme; or 
(ii) ClaiIll daIllages in respect of a performance or 
broadcast of that work, recording, or film, or the 
inclusion of that work, recording, or filIll in a cable 
programme; and 
(b) As a result of the threat or commencement of 
proceedings, the work, recording, or filITI has not 
been so perforIlled, broadcast, or included in a cable 
programme,-
the court may award damages sufficient to recompense the 
person threatened or the defendant in such proceedings, as the 
case may be, or any other person interested in the proposed 
performance, broadcast, or cable prograIllme, for any loss 
sustained because the performance, broadcast, or cable 
programme did not proceed. 
(3) The provisions of this section shall have effect 
notwithstanding any provision to the contrary in any licence, 
and shall extend to all licences whether granted before or after 
the commencement of this Act. 
Cf. 1962, No. 33, s. 63 
Transmission cif Copyright 
118. Transtnission of copyright-(l) Copyright 
transmissible, as personal or moveable property, by­
(a) Assignment; or 
(b) TestaIllentary disposition; or 
(c) Operation of law. IS 
(2) A transmission of copyright may be partial, that is, limited 
so as to apply-
(a) To one or more, but not all, of the things the copyright 
owner has the exclusive right to do: IP/N/1/NZL/C/l 
Page 88 
1994, No. 143 Copyright 87 
(b) To part, but not the whole, of the period for which the 
copyright is to exist. 
Cf. Copyright, Designs and Patents Act 1988, s. 90 (1), (2) 
(U.K.); 1962, No. 33, s. 56 (1), (2) 
114. AssignDl.ent-An assignment of copyright is not 
effective unless it is in writing signed by or on behalf of the 
asslgnor. 
Cf. Copyright, Designs and Patents Act 1988, s. 90 (3) 
(U.K.); 1962, No. 33, s. 56 (3) 
115. Copyright to pass under will with unpublished 
works-Where under a bequest (whether specific or general) a 
person is entitled, beneficially or otherwise, to-
(a) An original document or other material thing recording or 
embodying a literary, dramatic, musical, or artistic 
work that was not published before the death of the 
testator; or 
(b) An original material thing containing a sound recording 
or film that was not published before the death of the 
testator,-
the bequest shall, unless a contrary intention is indicated in the 
testator's will or a codicil to that will, be construed as including 
the copyright in the work in so far as the testator was the 
copyright owner immediately before his or her death. 
Cf. Copyright, Designs and Patents Act 1988, s. 93 (U.K.); 
1962, No. 33, s. 59 
116. Future copyright-( 1) Future copyright shall be 
capable of being assigned, wholly or partially, in the sallle 
lllanner and in all respects as if the copyright were then in 
existence, and on coming into existence tlie copyright shall vest 
in the assignee or the assignee's successor in title accordingly. 
(2) Sections 111 (1), 113 (2), and 114 of this Act apply to 
future copyright in the sallle lllanner as they apply to existing 
copyright. 
(3) A licence granted by a person to whom future copyright 
has been assigned is binding on every successor in title to that 
person's interest in the copyright, except a purchaser in good 
faith for valuable consideration and without notice (actual or 
constructive) of the licence or a person deriving title from such 
a purchaser; and references in this Act to doing any thing-
(a) With, or without, the licence of the copyright owner; or 
(b) Other than pursuant to a copyright licence-88 Copyright IP/N/1/NZL/C/l 
Page 89 
1994, No. 143 
shall be construed accordingly. 
Cf. Copyright, Designs and Patents Act 1988, s. 91 (U.K.); 
1962, No. 33, s. 57 
117. Right to D1.ake conditions in respect of certain 
unpublished works-( 1) This section applies where the 
owner of the copyright in an unpublished literary, dramatic, or 
musical work, or an unpublished artistic work other than a 
photograph, has, whether before or after the commencement 
of this Act, transferred or bequeathed to an institution-
(a) The property in or possession of the manuscript of the 
literary, dramatic, or musical work or a copy of the 
manuscript; or 
(b) The property in or possession of the artistic work,­
subject to any conditions prohibiting, restricting, or regulating 
publication of the work for a specified period or without any 
limit on the period. 
(2) While the rrlanuscript, copy, or work is in the possession 
of the institution, any publication of the work in breach of such 
a condition by-
(a) The institution owning the manuscript, copy, or work; or 
(b) The institution having possession of the rrlanuscript, copy, 
or work; or 
(c) Any other person-
shaI.1, notwithstanding that the copyright in the work may have 
expired, be actionable as if copyright continued to exist in the 
work and the publication were an infringerrlent of the 
copyright. 
(3) Nothing in this section applies to any publication with the 
consent of the person who would be the owner of the copyright 
in the work if the copyright had not expired. 
(4) In this section, the term "institution" means the Crown, a 
local body, a prescribed library or archive within the meaning 
of section 50 of this Act, an institution within the meaning of 
section 159 of the Education Act 1989, or any other institution 
prescribed by regulations made under this Act. 
Cf. 1962, No. 33, s. 58 
Moral Rights 
118. Moral rights not assignable-The rights conferred 
by Part IV of this Act are not assignable. 
Cf. Copyright, Designs and Patents Act 1988, s. 94 (U.K.) IP/N/lINZL/C/l 
Page 90 
1994, No. 143 Copyright 89 
119. TranslDission of Inoral rights on death-( 1) On the 
death of a person entitled to the right conferred by section 94 
or section 98 or section 105 of this Act,-
(a) The right passes to such person as he or she may by 
testamentary disposition specifically direct; or 
(b) If there is no such direction but the copyright in the work 
in question forms part of the estate, the right passes 
to the person to wbom the copyright passes; or 
(c) If or to the extent that the right does not pass under 
paragraph (a) or paragraph (b) of this subsection, the 
right is exercisable by the personal representatives. 
(2) Where-
(a) Under subsection (1) (b) of this section any right passes to 
the person to whom the copyright passes; and 
(b) The copyright passes in part to one person and in part to 
another,-
the right shall pass in the same manner as the copyright. 
(3) Where under paragraph (a) or paragraph (b) of subsection 
( 1) of this section a right becomes exercisable by more than one 
person,-
(a) In the case of the right conferred by section 94 of this Act, 
the right may be asserted by any of those persons; 
and 
(b) In the case of the right conferred by section 98 or section 
105 of this Act, the right is exercisable by each of 
those persons and is satisfied in relation to any of 
those persons if one of them consents to the 
treatment or act in question; and 
(c) Any waiver of the right in accordance with section 107 of 
this Act by one of those persons does not affect the 
rights of the others. 
(4) A consent or waiver previously given or made binds any 
person to whom a right passes under subsection (1) of this 
section. 
(5) Any infringement after a person's death of the right 
conferred by section 102 or section 103 or section 104 of this 
Act is actionable by his or her personal representatives. 
(6) Any damages recovered by personal representatives in 
respect of an infringement after the death of a person entitled 
to a right conferred by Part IV of this Act shall devolve as part 
of the estate as if the right of action had existed and been 
vested in the person immediately before his or her death. 
Cf. Copyright, Designs and Patents Act 1988, s. 95 (U.K.) 90 Copyright 
PART VI IP/NIlINZL/CI1 
Page 91 
1994, No. 143 
REMEDIES FOR INFRINGEMENT 
Rights and Remedies of Copyright Owner 
120. Infringetnent actionable by copyright owner­
( 1) An infringement of copyright is actionable by the copyright 
owner. 
(2) In proceedings for infringement of copyright, all such 
relief by way of damages, injunctions, accounts, or otherwise is 
available to the plaintiff as is available in respect of the 
infringement of any other property right. 
(3) This section has effect subject to the following provisions 
of this Part of this Act. 
Cf. Copyright, Designs and Patents Act 1988, s. 96 (U.K.); 
1962, No. 33, s. 24(1) 
121. Provisions as to datnages in infringetnent 
proceedings-( 1) Where, in proceedings for infringement of 
copyright, it is proved or admitted that at the time of the 
infringement the defendant did not know, and had no reason to 
believe, that copyright existed in the work to which the 
proceedings relate, the plaintiff is not entitled to damages but, 
without prejudice to the award of any other remedy, is entitled 
to an account of profits. 
(2) In proceedings for infringement of copyright, the court 
may, having regard to all the circumstances and in particular to-
(a) The flagrancy of the infringement; and 
(b) Any benefit accruing to the defendant by reason of the 
infringelllent,-
awa~d such additional damages as the justice of the case may 
requIre. 
(3) In proceedings for infringement of copyright in respect of 
the construction of a building, no injunction or other order shall 
be made-
(a) After the construction of the building has been begun, so 
as to prevent the building from being completed; or 
(b) So as to require the building, in so far as it has been 
constructed, to be demolished. 
C£ Copyright, Designs and Patents Act 1988, s. 97 (U.K.); 
1962, No. 33, s. 24 (2)-(4) 
122. Order for delivery up in civil proceedings­
( 1) Where a person-IP/NI1 INZL/CI1 
Page 92 
1994, No. 143 Copyright 91 
(a) Has an infringing copy of a work in that person's 
pos~ession, custody, or control in the course of a 
busmess; or 
(b) Has in that person's possession, custody, or control an 
object specifically designed or adapted for making 
copies of a particular copyright work, knowing or 
having reason to believe that the object has been or is 
to be used to make infringing copies,-
the owner of the copyright in the work may apply to the court 
for an order that the infringing copy or object be delivered up 
to the copyright owner or such other person as the court may 
direct. 
(2) No order shall be made unless the court also makes, or it 
appears to the court that there are grounds for making, an 
order under section 134 of this Act. 
(3) A person to whoIll an infringing copy or other object is 
delivered up in pursuance of an order under this section shall, if 
an order under section 134 of this Act is not made, retain the 
copy or object pending the Illaking of an order, or the decision 
not to Illake an order, under that section. 
(4) Notwithstanding any rule of court, an order may be made 
pursuant to this section on an ex parte application by the 
copyright owner where service of notice of the application 
would cause undue delay or other serious detriment to the 
copyright owner. 
(5) Nothing in this section affects any other power of the 
court. 
Cf. Copyright, Designs and Patents Act 1988, s. 99 (U.K.) 
Rights and Remedies cif Exclusive Licensee 
128. Rights and reD1.edies of exclusive licensee-(l) An 
exclusive licensee has, except against the copyright owner, the 
same rights and remedies under sections 120, 121, and 122 of 
this Act in respect of Illatters occurring after the grant of the 
licence as if the licence were an assignment. 
(2) The rights and remedies of the exclusive licensee under 
sections 120, 121, and 122 of this Act are concurrent with those 
of the copyright owner. 
(3) In proceedings brought by an exclusive licensee pursuant 
to this section, a defendant may avail himself or herself or itself 
of any defence that would have been available if the 
proceedings had been brought by the copyright owner. 
C£ Copyright, Designs and Patents Act 1988, s. 101 (U.K.); 
1962, No. 33, s. 26 (2) (a), (b), (4) 92 Copyright IP IN 11 INZL/CI 1 
Page 93 
1994, No. 143 
124. Exercise of concurrent rights-(I) Where 
proceedings for infringement of copyright brought by the 
copyright owner or an exclusive licensee relate (wholly or 
partly) to an infringement in respect of which the copyright 
owner and the exclusive licensee have concurrent rights of 
action, the copyright owner or, as the case may be, the 
exclusive licensee may not, without the leave of the court, 
proceed unless the other is either joined as a plaintiff or added 
as a defendant. 
(2) A copyright owner or exclusive licensee who is joined as a 
plaintiff or added as a defendant pursuant to subsection (1) of 
this section is not liable for any costs in the proceedings unless 
that person takes part in the proceedings. 
(3) Subsections (1) and (2) of this section do not affect the 
granting of interlocutory relief on an application by a copyright 
owner or exclusive licensee alone. 
(4) Whether or not the copyright owner and the exclusive 
licensee are both parties to proceedings for infringement of 
copyright that relate (wholly or partly) to an infringement in 
respect of which they have or had concurrent rights of 
action,-
(a) The court shall, in assessing damages, take into account­
(i) The terms of the licence; and 
(ii) Any pecuniary remedy already awarded or 
available to either the copyright owner or the 
exclusive licensee in respect of the infringement; and 
(b) No account of profits shall be directed if an award of 
damages has been made, or an account of profits has 
been directed, in favour of either the copyright owner 
or the exclusive licensee in respect of the 
infringement; and 
(c) The court shall, if an account of profits is directed, 
apportion the profits between the copyright owner 
and the exclusive licensee in such manner as the 
court considers just, subject to any agreement 
between them. 
(5) The copyright owner shall notify anY' exclusive licensee 
having concurrent rights before applying for an order under 
section 122 of this Act; and the court may on the application of 
the licensee make such order under that section as it thinks fit 
having regard to the terms of the licence. 
Cf. Copyright, Designs and Patents Act 1988, s. 102 (U.K.); 
1962, No. 33, s. 26 (3)-(8) IP/N/lINZL/C/1 
Page 94 
1994, No. 143 Copyright 
Rights and Remedies in relation to Moral Rights 93 
125. Infringetnent of IDoral rights actionable-( 1) An 
infringement of a right conferred by Part IV of this Act is 
actionable by the person entitled to the right. 
(2) In proceedings for infringement of a right conferred by 
Part IV of this Act, relief by way of damages and injunction is 
available to the plaintiff. 
(3) In proceedings for infringement of the right conferred by 
section 98 (2) of this Act, the court may, if it thinks it is an 
adequate remedy in the circumstances, grant an injunction on 
terms prohibiting the doing of any act unless a disclaimer is 
made, in such terms and in such manner as may be approved 
by the court, dissociating the author or director from the 
treatment of the work. 
ef. Copyright, Designs and Patents Act 1988, s. 103 (U.K.); 
1962, No. 33, s. 62 (8) 
Presumptions 
126. Presutnptions relevant to literary, dratnatic, 
IDusical, or artistic works-( 1) The presumptions set out in 
subsections (2) to (5) of this section apply in proceedings 
brought under this Act with respect to a literary, dramatic, 
musical, or artistic work. 
(2) Where a nallle purporting to be that of the author 
appeared on copies of a literary, dramatic, or musical work as 
published or on an artistic work when it was made, the person 
whose name appeared shall be presumed, until the contrary is 
proved,-
(a) To be the author of the work; and 
(b) To have made the work in circumstances not falling 
within subsections (2) and (3) of section 21, or 
section 26, or section 28 of this Act. 
(3) In the case of a work alleged to be a work of joint 
authorship, subsection (2) of this section applies in relation to 
each person alleged to be one of the authors. 
(4) Where no name purporting to be that of the author 
appeared on copies of the work as published or on the work 
when it was made, but-
(a) The work qualifies for copyright under section 19 of this 
Act; and 
(b) A name purporting to be that of the publisher appeared 
on copies of the work as first published,-94 Copyright IP/N/I/NZL/C/l 
Page 95 
1994, No. 143 
the person whose name appeared shall be presumed, until the 
contrary is proved, to represent the author and shall be entitled 
to protect and enforce the author's rights. 
(5) If the author of the work is dead or the identity of the 
author cannot be ascertained by reasonable inquiry, it shall be 
presumed, until the contrary is proved,-
(a) That the work is an original work; and 
(b) That the plaintifFs allegations as to what was the first 
publication of the work and as to the country of first 
publication are correct. 
Cf. Copyright, Designs and Patents Act 1988, s. 104 (U.K.); 
1962, No. 33, s. 27 (2)-(5) 
127. Presutnptions relevant to certain artistic works­
( 1) This section applies to any proceedings for infringement of 
copyright in any artistic work of which copies in 3 dimensions 
have been issued to the public by or with the licence of the 
owner of the copyright in that artistic work. 
(2) In any proceedings to which this sectioIl applies, where 
copies as issued to the public, whether in New Zealand or in 
any other country, bear a clear aIld legible label or other mark 
indicating the following claims, nalllely,-
(a) That copyright existed in the artistic work of which the 
copy was made; and 
(b) That a named person was the owner of the copyright in 
the artistic work at the time the copy was issued to 
the public; and 
(c) That a named person was the exclusive licensee of the 
copyright owner at the tillle the copy was issued to 
the public; and 
(d) That the copy was first issued to the public in a specified 
year,-
it shall be presumed until the contrary is proved-
(e) That at all material times the defendant had knowledge of 
each of the claims specified in paragraphs (a) to (d) of 
this subsection; and 
(f) That the copy was first made available to the public in the 
year specified. 
(3) For the purposes of subsection (2) of this section, the 
symbol "©" on a label or other mark shall be taken to indicate 
that copyright is claimed to exist in the artistic work of which 
the copy so labelled or marked is made. IP IN 11 INZL/CI 1 
Page 96 
1994, No. 143 Copyright 95 
(4) Nothing in this section limits or affects section 126 of this 
Act. 
Cf. 1962, No. 33, s. 27A; 1985, No. 134, s. 7 (1) 
128. Presutnptions relevant to cotnputer progratDs, 
sound recordings, and filtns-( 1) In proceedings brought 
under this Act with respect to a computer program, where 
copies of the prograIll are issued to the public in electronic 
fOrIn bearing a statement-
(a) That a naIlled person was the owner of copyright in the 
prograIll at the date of the issue of the copies in 
electronic form; or 
(b) That copies of the prograIll were first issued to the public 
in electronic fonn in a specified year or that the 
prograIll was first published in a specified country,­
the statement shall be admissible as evidence of the facts stated 
and shall be presumed to be correct until the contrary is 
proved. 
(2) In proceedings brought under this Act with respect to a 
sound recording, where copies of the recording as issued to the 
public bear a label or other Illark stating-
(a) That a naIlled person was the owner of copyright in the 
recording at the date of the issue of the copies; or 
(b) That the recording was first published in a specified year 
or in a specified country,-
the label or mark shall be admissible as evidence of the facts 
stated and shall be presumed to be correct until the contrary is 
proved. 
(3) In proceedings brought under this Act with respect to a 
filITI, where copies of the filIll as issued to the public bear a 
statement-
(a) That a naIlled person was the author or director of the 
fihn; or 
(b) That a naIlled person was the owner of copyright in the 
filIll at the date of the issue of the copies; or 
(c) That the filIll was first published in a specified year or in a 
specified country,-
the stateIllent shall be admissible as evidence of the facts stated 
and shall be presumed to be correct until the contrary is 
proved. 
(4) The presumptions created in subsections (1) to (3) of this 
section apply in proceedings relating to an infringeIllent alleged 
to have occurred before the date on which the copies were 
issued to the public in the same manner as they apply in 
proceedings relating to an infringement alleged to have 96 Copyright IP/N/lINZL/C/1 
Page 97 
1994, No. 143 
occurred after the date on which the copies were issued to the 
public. 
(5) In proceedings brought under this Act with respect to a 
film, where the film as shown in public, broadcast, or included 
in a cable programme bears a statement-
(a) That a named person was the author or director of the 
film; or 
(b) That a named person was the owner of copyright in the 
film irnm.ediately after it was made,-
the statement shall be admissible as evidence of the facts stated 
and shall be presumed to be correct until the contrary is 
proved. 
(6) The presumption created by subsection (5) of this section 
applies in proceedings relating to an infringement alleged to 
have occurred before the date on which the film was shown in 
public, broadcast, or included in a cable programme in the 
same manner as it applies in proceedings relating to an 
infringement alleged to have occurred after the date on which 
the filIll was shown in public, broadcast, or included in a cable 
programme. 
Cf. Copyright, Designs and Patents Act 1988, s. 105 (U.K.); 
1962, No. 33, s. 27 (7) 
129. Presutnptions relevant to works subject to Crown 
copyright-In proceedings brought under this Act with 
respect to a literary, dramatic, or musical work in which Crown 
copyright exists, where there appears on printed copies of the 
work a statement of the year in which the work was first 
published commercially, that statement shall be admissible as 
evidence of the fact stated and shall be presumed to be correct 
until the contrary is proved. 
Cf. Copyright, Designs and Patents Act 1988, s. 106 (U.K.) 
180. Unjustified proceedings-(I) Where a person brings 
proceedings alleging an infringement of copyright, a court may, 
on the application of any person against whom the proceedings 
are brought,-
(a) Make a declaration that the bringing of proceedings was 
unjustified: 
(b) Make an order for the payment of damages for any loss 
suffered by the person against whom the proceedings 
are bro~rht. 
(2) A court sh not grant relief under this section if the 
person who brought the proceedings proves that the acts in 
respect of which proceedings were brought constituted, or IP/N/lINZL/C/l 
Page 98 
1994, No. 143 Copyright 97 
would have constituted if they had been done, an infringement 
of the copyright concerned. 
(3) Nothing in this section makes a barrister or solicitor of the 
High Court of New Zealand liable to any proceedings under this 
section in respect of any act done in his or her professional 
capacity on behalf of a client. 
Cf. 1994, No. 116, s. 40; Copyright, Designs and Patents 
Act 1988, s. 253 (U.K.) 
Offences 
181. Critninal liability for tnaking or dealing with 
infringing objects-(I) Every person commits an offence 
against this section who, other than pursuant to a copyright 
licence,-
(a) Makes for sale or hire; or 
(b) Imports into New Zealand otherwise than for that 
person's private and domestic use; or 
(c) Possesses in the course of a business with a view to 
committing any act infringing the copyright; or 
(d) In the course of a business,-
(i) Offers or exposes for sale or hire; or 
(ii) Exhibits in public; or 
(iii) Distributes; or 
(e) In the course of a business or otherwise, sells or lets for 
hire; or 
(f) Distributes otherwise than in the course of a business to 
such an extent as to affect prejudicially the copyright 
owner-
an object that is, and that the person knows is, an infringing 
copy of a copyright work. I 
(2) Every person commits an offence against this section 
who-
(a) Makes an object specifically designed or adapted for 
making copies of a particular copyright work; or 
(b) Has such an object in that person's possession,­
knowing that the object is to be used to make infringing copies 
for sale or hire or for use in the course of a business. 
(3) Subject to subsection (4) of this section, every person 
commits an offence against this section who-
(a) Causes a literary, dramatic, or musical work to be 
performed, where that performance infringes 
copyright in that work; or 98 Copyright IP IN 11 INZL/CI 1 
Page 99 
1994, No. 143 
(b) Causes a sound recording or fihn to be played in public or 
shown in public, where that playing or showing 
infringes copyright in that sound recording or fihn,­
knowing that copyright in the work or, as the case requires, the 
sound recording or film would be infringed by that 
performance or, as the case requires, that playing or that 
showing. 
(4) Nothing in subsection (3) of this section applies in respect 
of infringement of copyright by the reception 01 a broadcast or 
cable programme. 
(5) Every person who commits an offence against this section 
is liable on summary conviction,-
(a) In the case of an offence against subsection (1) of this 
section, to a fine not exceeding $5,000 for every 
infringing copy to which the offence relates, but not 
exceeding $50,000 in respect of the same transaction, 
or to imprisonment for a term not exceeding 
3 months: 
(b) In the case of an offence against subsection (2) or 
subsection (3) of this section, to a fine not exceeding 
$50,000 or to imprisonment for a term not exceeding 
3 months. 
(6) Where any person is convicted of an offence against this 
section in circumstances where that offence involves the 
making of profit or gain, that offence shall be deemed to have 
caused a loss of property for the purposes of section 22 (1) (b) of 
the Criminal Justice Act 1985, and the provisions of that Act 
relating to the imposition of the sentence of reparation shall 
apply accordingly. 
(7) Sections 126 to 129 of this Act (which relate to 
presuIllptions) do not apply to proceedings for an offence 
against this section. 
(8) Nothing in subsection (1) of this section applies in relation 
to a work that 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. 
Cf. Copyright, Designs and Patents Act 1988, s. 107 (U.K.); 
1962, No. 33, s. 28 (1)-(3), (5); 1990, No. 71, s. 3 
182. Order for delivery up in criminal proceedings­
( 1) The court before which proceedings are brought against a 
person for an offence against section 131 of this Act may, if it is 
satisfied that, at the time of the defendant's arrest or charge,-IP/NIlINZL/CI1 
Page 100 
1994, No. 143 Copyright 99 
(a) The defendant had in the defendant's possession, custody, 
or control in the course of a business an infringing 
copy of a copyright work; or 
(b) The defendant had in the defendant's possession, custody, 
or control an object specifically designed or adapted 
for making copies of a particular copyright work, 
knowing that the object had been or was to be used 
to make infringing copies,-
order that the infringing copy or object be delivered up to the 
copyright owner or to such other person as the court may 
direct. 
(2) An order may be made under subsection (1) of this section 
by the court of its own motion or on the application of the 
prosecution, and may be made whether or not the person is 
convicted of the offence, but shall not be rnade-
(a) After the end of the period of 6 years froIn the date on 
which the infringing copy or object in question was 
Inade; or 
(b) If it appears to the court unlikely that any order will be 
Inade under section 134 of this Act in the 
proceedings. 
(3) Sections 126 to 129 of this Act (which relate to 
presuInptions) apply in proceedings for an order under this 
section. 
(4) A person to whom an infringing copy or other object is 
delivered up pursuant to an order made under this section shall 
retain the copy or object pending the making of an order, or 
the decision not to make an order, under section 134 of this 
Act. 
Cf. Copyright, Designs and Patents Act 1988, s. 108 (1), (3), 
(5) (U.K.); 1962, No. 33, s. 28 (4) 
188. Liability of officers of body corporate-Where any 
body corporate is convicted of an offence against section 131 of 
this Act, every director and every person concerned in the 
management of the body corporate shall be guilty of the 
offence if it is proved-
(a) That the act that constituted the offence took place with 
his or her authority, permission, or consent; and 
(b) That he or she-
(i) Knew, or could reasonably be expected to have 
known, that the offence was to be or was being 
committed; and 100 Copyright IP/N/l/NZL/C/l 
Page 101 
1994, No. 143 
(ii) Failed to take all reasonable steps to prevent or 
stop it. 
Cf. 1991, No. 69, s. 340 
Disposal of Infringing Copy or Other Ob.fect 
184. Order as to disposal of infringing copy or other 
object-(I) An application may be made to the court for an 
order that an infringing copy or other object delivered up 
pursuant to an order made under section 122 or section 132 of 
this Act shall be-
(a) Forfeited to the copyright owner; or 
(b) Destroyed or otherwise dealt with as the court thinks fit. 
(2) In considering what order (if any) should be made under 
subsection (1) of this section, the court shall have regard to-
(a) Whether other remedies available in proceedings for 
infringement of copyright would be adequate to 
compensate the copyright owner and to protect the 
interests of the copyright owner; and 
(b) The need to ensure that no infringing copy is disposed of 
in a manner that would adversely affect the copyright 
owner. 
(3) The court shall issue directions as to the service of notice 
on persons having an interest in the copy or other object. 
(4) Any person having an interest in the copy or other object 
is entitled-
(a) To appear in proceedings for an order under this section, 
whether or not that person is served with notice; and 
(b) To appeal against any order made, whether or not that 
person appears in the proceedings;-
and an order made under subsection (1) of this section shall not 
take effect until the end of the period within which notice of an 
appeal may be given or, if before the end of that period notice 
of appeal is duly given, until the final determination or 
abandonment of the proceedings on the appeal. 
(5) Where there is more than one person interested in a copy 
or other object, the court may direct that the object be sold, or 
otherwise dealt with, and the proceeds divided, and shall make 
any other order as it thinks just. 
(6) If the court decides that no order should be made under 
this section, the person in whose possession, custody, or control 
the copy or other object was before being delivered up is 
entitled to its return. 
Cf. Copyright, Designs and Patents Act 1988, s. 114 (U.K.); 
1962, No. 33, s. 28 (4) IP/N/1/NZL/C/1 
Page 102 
1994, No. 143 Copyright 101 
PART VII 
BORDER PROTECTION MEASURES 
135. Definitions-In this Part of this Act, unless the 
context otherwise requires,-
"Claimant" means a person who gives a notice under 
section 136 (1) of this Act: 
"Collector" has the same meaning as it has in section 2 (1) 
of the Customs Act 1966: 
"Comptroller" has the same meaning as it has in section 
2 (1) of the Customs Act 1966: 
"Control of the Customs" has the same meaning as it has 
in section 16 of the Customs Act 1 966: 
"Court" means the High Court: 
"Officer of Customs" has the same meaning as it has ID 
section 2 (1) of the Customs Act 1 966: 
"Pirated copy"-
(a) Means any copy of a copyright work that is a 
literary, dramatic, musical, or artistic work or the 
typographical arrangement of a published edition or 
a sound recording or a film, where the copy is 
made-
(i) Directly or indirectly from the copyright 
work; and 
(ii) Without the licence of the person who owns, 
in the country where the copy is made, the 
copyright in the work; and 
(iii) In circumstances in which the making of the 
copy would, if it had been done in New 
Zealand, have constituted an infringement 
of copyright under this Act; and 
(b) Includes any illicit recording within the meaning 
of section 169 of this Act, including any illicit 
recording that is a copyright work sold in a country 
other than New Zealand by or with the licence of the 
owner of the copyright in the work in that country; 
but 
(c) Does not include-
(i) Any other copyright work sold in a country 
other than New Zealand by or with the 
licence of the owner of the copyright in 
the work in that country; or 
(ii) Any copyright work in transit to a country 
other than New Zealand. 102 Copyright IP/N/lINZL/C/1 
Page 103 
1994, No. 143 
186. Notice tnay be given to Cotnptroller of CustOtns­
(1) A person who owns the copyright in any literary, dramatic, 
musical, or artistic work, or the typographical arrangement of a 
published edition, or a sound recording, or a film may give a 
notice in writing to the Comptroller-
(a) Claiming that an item is a work in which the person owns 
the copyright; and . 
(b) Requesting the Comptroller to detain any pirated copies 
of the itenl that are in, or at any time come into, the 
control of the Customs. 
(2) A notice under subsection (1) of this section shall-
(a) Contain such particulars in support of the claim that the 
item is a pirated copy as may be prescribed in 
regulations made under this Act; and 
(b) Specify the period for which the notice is to be in force, 
which period shall be-
(i) Not longer than 5 years from the date of the 
notice; or 
(ii) If copyright in the work to which the notice 
relates will expire within the period of 5 years from 
the date of the notice, not longer than the period for 
which copyright will last. 
(3) The Comptroller shall, in relation to any notice given 
under subsection (1) of this section,-
(a) Accept the notice if the claimant and the notice given by 
the claimant comply with the requirements of this 
section and any regulations made under this Act: 
(b) Decline the notice if the claimant or the notice given by 
the claimant does not comply with the requirements 
of this section and any regulations made· under this 
Act;-
and shall within a reasonable period of receiving the notice 
advise the claimant whether the notice has been accepted or 
declined. 
(4) A notice accepted under subsection (3) (a) of this section 
remains in force for the period specified in the notice unless­
(a) It is revoked by the claimant by notice in writing; or 
(b) The Court orders, in proceedings under section 141 (1) of 
this Act, that the notice be discharged. 
Cf. 1962, No. 33, s. 29 (1), (2), (7); 1990, No. 71, s. 4 
187. Detennination whether itetn is pirated copy­
(1) Where-
(a) A notice that has been accepted under section 136 (3) (a) 
of this Act is in force; and IP/N/lINZL/C/1 
Page 104 
1994, No. 143 Copyright 103 
(b) A Collector fonns the opinion that any itelll that has been 
illlported and that is in the control of the CustOlllS 
may be a pirated copy to which the notice relates,­
the Collector lllay conduct such investigation as he or she 
considers necessary in order to establish whether or not the 
item appears to be a pirated copy to which the notice relates. 
(2) Where the Collector conducts an investigation, he or she 
may, subject to section 138 of this Act, require-
(a) The claiInant; or 
(b) Any other person appearing to the Collector to have an 
interest in the item-
to supply such infonnation as the Collector may specify for the 
purpose of the investigation within 10 working days of being 
required to do so. 
(3) Whether or not the Collector conducts any investigation, 
he or she shall, within a reasonable period of forming an 
opinion under subsection ( 1 ) of this section, lllake a 
determination whether or not the item appears to be a pirated 
copy to which the notice relates. 
(4) Nothing in this section applies to an item that has been 
imported for private and domestic use. 
188. Litnitations on requiretnent to supply 
infortnation-( 1) A Collector shall not require any person to 
supply any infonnation under section 137 (2) of this Act unless 
the Collector believes that the infonnation is reasonably 
necessary for the purposes of an investigation under section 
137 (1) of this Act. 
(2) Every person who is required to supply information to a 
Collector under section 137 (2) of this Act shall have the same 
privileges in relation to the giving of the information as 
witnesses have in any court. 
(3) Where any person refuses or fails to supply information 
required by a Collector under section 137 (2) of this Act, the 
Collector may, subject to subsection (2) of this section, take that 
refusal or failure into account in forming any opinion under 
section 137 (1) of this Act or in making any determination 
under section 137 (3) of this Act. 
189. Notice of detennination-(I) A Collector who makes 
a determination under section 137 (3) of this Act shall cause 
written notice of the determination to be served on-
(a) The claimant; and 
(b) Any other person appearing to the Collector to have an 
interest in the itelll-104 Copyright IP IN 11 INZL/CI 1, 
Page 105 
1994, No. 143 
within such period as may reasonably be necessary to effect 
servIce. 
(2) Every notice required to be served on the claimant or 
other person under subsection (1) of this section may be given 
to the claimant or other person-
(a) By personal delivery to the claimant or other person; or 
(b) By posting it to the last known address of the claimant or 
other person, in which case it shall be deemed to have 
been served on the claimant or other person at the 
tillle at which it would have been delivered in the 
ordinary course of post; and in proving posting-
(i) It shall be sufficient to prove that the notice was 
properly addressed; and 
(ii) It shall be presullled, in the absence of proof to 
the contrary, that the notice was posted on the day 
on which it was dated; or 
(c) By sending it by facsimile to the last known facsimile 
number of the clailllant or other person, in which 
case it shall, in the absence of proof to the contrary, 
be deemed to have been served on the claimant or 
other person on the day after the day on which it was 
sent; and, in proving sending, it shall be sufficient to 
prove that a facsimile machine generated a record of 
the transmission of the notice to such facsimile 
nUlllber. 
(3) The detention of any item under section 140 of this Act is 
not rendered illegal by a failure to serve notice under 
subsection (1) of this section. 
140. Detention of pirated copy-( 1) Where a Collector 
has formed an opinion that an item that has been illlported and 
that is in the control of the Customs may be a pirated copy to 
which a notice accepted under section 136 (3) (a) of this Act 
relates, that item shall be detained in the custody of the 
Comptroller or any Collector or any officer of Customs until-
(a) The Comptroller or any Collector is served with an order 
made in proceedings under section 141 (1) of this Act 
that the notice be discharged; or 
(b) The Comptroller or any Collector is served with an order 
made in proceedings under section 141 (2) of this Act 
that the item be released; or 
(c) Any proceedings under section 141 (3) of this Act in 
respect of that item (including any appeal) are 
determined by a decision that the item is not a IP/NI1 INZL/CI1 
Page 106 
1994, No. 143 Copyright 105 
pirated copy that has been imported other than for 
private and domestic use; or 
(d) Any proceedings under section 141 (3) of this Act in 
respect of that item, including any appeal, are 
abandoned; or 
(e) Ten working days have elapsed since notice was served 
under section 139 of this Act and neither the 
Comptroller nor a Collector has been served with 
notice of proceedings brought under section 141 (3) of 
this .Act by a person other than the importer or 
conSIgnee ;-
whereupon the item shall, subject to subsection (3) of this 
section, be released to the person entitled to it. 
(2) The Comptroller or any Collector may in any particular 
case extend the period referred to in subsection (1) (e) of this 
section to 20 working days if he or she considers it appropriate 
to do so in all the circumstances. · 
(3) The Comptroller or any Collector or any officer of 
Customs shall not release any item under subsection (1) of this 
section unless-
(a) Any other legal requirements as to importation of the 
item are satisfied; and 
(b) Any requirements made pursuant to any regulations 
made under this Act requiring the deposit of a 
security have been satisfied; and 
(c) The release of the item is not otherwise contrary to law. 
141. Proceedings-( 1) Any person may apply to the Court 
for an order that a notice accepted under section 136 (3) (a) of 
this Act be discharged, and the Court may make such an order 
accordingly. 
(2) Any person may apply to the Court for an order that an 
item detained under section 140 of this Act be released, and the 
Court may make such an order accordingly. 
(3) Any person may apply to the Court for a decision on 
whether or not an itern tne subject of a determination made 
under section 137 (3) of this Act is a pirated copy that has been 
irnported other than for private and dornestic use, and the 
Court shall make such a Glecision accordingly. 
(4) Notice of proceedings under subsection (3) of this section 
shall be served on the Cornptroller or any Collector. 
(5) In proceedings under subsection (3) of this section, the 
Court shall issue directions as to the service of notice on 
persons having an interest in the item that is the subject of 
proceedings, and any such person is entitled-106 Copyright IP/N/1/NZL/C/1 
Page 107 
1994, No. 143 
(a) To appear in those proceedings, whether or not that 
person was served with notice under section 139 of 
this Act; and 
(b) To appeal against any order made in those proceedings, 
whether or not that person appeared in the 
proceedings. 
(6) No order made in proceedings under subsection (3) of this 
section shall take effect until the end of the period within which 
notice of an appeal may be given or, if before the end of that 
period notice of appeal is duly given, until the final 
determination or abandonment of the proceedings on the 
appeal. 
142. Powers of Court-(I) Where, in proceedings under 
section 141 (3) of this Act, the Court decides that an item the 
subject of a determination made under section 137 (3) of this 
Act is a pirated copy that has been imported other than for 
private and domestic use, the Court shall make an order that 
the item be-
(a) Forfeited to the claimant; or 
(b) Destroyed; or 
(c) Otherwise dealt with as the Court thinks fit. 
(2) In considering what order should be made under 
subsection (1) of this section, the Court shall have regard to-
(a) Whether other remedies available in proceedings for 
infringement of copyright would De adequate to 
compensate the claimant and to protect that person's 
interests; and 
(b) The need to ensure that no pirated copy is disposed of in 
a manner that would adversely affect the· claimant. 
(3) Where more than one person is interested in an item, the 
Court may direct that the item be sold, or otherwise dealt with, 
and the proceeds divided, and shall make any other order as it 
thinks just. 
(4) Where, in proceedings under section 141 (3) of this Act, 
the Court decides that an item the subject of a determination 
made under section 141 (3) of this Act is not a pirated copy that 
has been imported other than for private and domestic use, the 
Court may make an order that any person who is a party to the 
proceedings pay compensation in such amount as the Court 
thinks fit to the importer, consignee, or owner of the item. 
148. Inspection of itetn--( 1) The Comptroller or a 
Collector or an officer of Customs shall, in respect of any item 
in his or her possession that is or may be the subject of--IP/N/lINZL/C/1 
Page 108 
1994, No. 143 Copyright 
(a) A notice given under section 136 (1) of this Act; or 
(b) An investigation under section 137 of this Act; or 
(c) Proceedings under section 141 of this Act,-
allow any person claiming to have an interest in­
(d) The item; or 107 
(e) Any investigation under section 137 of this Act, or any 
proceedings under section 141 of this Act, in relation 
to the item-
to inspect that item. 
(2) A person referred to in subsection (1) of this section 
may-
(a) Inspect the itelll during normal office hours; or 
(b) With the approval of the COlllptroller or a Collector or an 
officer of Customs, relllove the itelll or an exalllple of 
the item to such place, for such period, and on such 
conditions as the COlllptroller or Collector or officer 
lllay specify, for the purpose of inspecting it. 
(3) Any person who intends to inspect any item under this 
section shall give the COlllptroller or Collector or officer of 
Customs not less than 72 hours' notice of his or her intention to 
inspect that item. 
144. Notice of parallel iD1.port tnay be given to 
Comptroller of CustOD1.S-( 1) Any person who owns the 
copyright in any literary, dramatic, lllusical, or artistic work, or 
the typographical arrangement of a published edition, or a 
sound recording, or a film, lllay give a notice in writing to the 
Comptroller-
(a) Claiming-
(i) That an object specified in the notice is an 
infringing copy under section 12 (3) of this Act; and 
(ii) That the person is the person whose, copyright 
would be infringed by the illlportation of the object; 
and 
(b) Requesting the COlllptroller to inform the person-
(i) If the Comptroller becomes aware that any such 
object is intended to be imported into New Zealand; 
or 
(ii) If any such object is in, or at any tillle comes 
into, the control of the Customs. 
(2) A notice under subsection (1) of this section shall-
(a) Contain such particulars in support of the claillls referred 
to in subsection (1) (a) of this section as may be 
required in a form approved by the Comptroller; and 108 Copyright IP/N/1/NZL/C/1 
Page 109 
1994, No. 143 
(b) Specify the period for which the notice is to be in force, 
which period shall be-
(i) Not longer than 5 years from the date of the 
notice; or 
(ii) If copyright in the work to which the notice 
relates will expire within the period of 5 years from 
the date of the notice, not longer than the period for 
which copyright will last; and 
(c) Be accompanied by the prescribed fee. 
(3) The Comptroller shall, in relation to any notice gtven 
under subsection (1) of this section,-
(a) Accept the notice if the person and the notice given by 
tbe person comply with the requirements of this 
section: 
(b) Decline the notice if the person or the notice given by the 
person does not comply with the requirements of this 
section;-
and shall within a reasonable period of receiving the notice 
advise the claimant whether the notice has been accepted or 
declined. 
(4) A notice accepted under subsection (3) (a) of this section 
remains in force for the period specified in the notice unless-
(a) It is revoked by the person by notice in writing; or 
(b) The Court orders in any proceedings under Part VI of this 
Act that the notice be discharged. 
(5) This section shall come into force on the 1st day of April 
1995. 
145. Delegation of powers, duties, and functions­
( 1) With the written consent of the Minister of Customs, the 
Comptroller may from time to time, either generally or 
particularly, by writing under his or her hand, delegate to any 
officer of Customs all or any of the powers, duties, and 
functions conferred or imposed on the Comptroller by or under 
this Part of this Act. 
(2) With the written consent of the Comptroller, a Collector 
may from time to time, either generally or particularly, by 
writing under his or her hand, delegate to any officer of 
Customs all or any of the powers, duties, and functions 
conferred or imposed on the Collector by or under this Part of 
this Act. 
(3) No delegation under subsection (1) or subsection (2) of this 
section shall include the power to delegate under either of 
those subsections. IP/N/lINZL/C/1 
Page 110 
1994, No. 143 Copyright 109 
(4) Subject to any general or special directions given or 
conditions iIllposed from time to time by the Minister of 
Customs or the Comptroller or a Collector, as the case Illay be, 
the officer to WhOIll any powers are so delegated may exercise 
those powers in the same Illanner and with the same effect as if 
they had been conferred on that officer directly by this Act and 
not by delegation. 
(5) Every officer of CuStOIllS purporting to act pursuant to 
any delegation under this section shall, in the absence of proof 
to the contrary, be presumed to be acting in accordance with 
the terms of the defegation. 
(6) Any delegation under this section may be made to any 
specified person or to the holder or holders for the time being 
of any specified office or class of offices. 
(7) Every such delegation, whether by the Comptroller or a 
Collector, shall be revocable at will, and no such delegation 
shall preveIlt the exercise of any power by the Comptroller or a 
Collector. 
(8) Any such delegation shall, until revoked, continue in force 
according to its tenor, notwithstanding the fact that the 
Comptroller or Collector by WhOIll it was made has ceased to 
hold office, and shall continue to have effect as if made by the 
successor in office of that Comptroller or Collector. 
Cf. 1966, No. 19, s. 9; 1983, No. 41, s. 3 
146. Protection of persons acting under authority of 
Act-Neither the Crown nor the Comptroller nor any Collector 
nor any officer of Customs shall be liable for any loss or 
damage occasioned by anything done or omitted to be done or 
purporting to have been done in the exercise of any power, 
duty, or function under this Part of this Act or any regulations 
made under this Act for the purposes of this Part of this Act, 
unless the Comptroller or any Collector or any officer of 
Customs has not acted in good faith. 
Cf. 1966, No. 19, s. 228A; 1971, No. 42, s. 10 
PART VIII 
COPYRIGHT LICENSING 
147. Works of lIlore than one author-( 1) References in 
this Part of this Act to licences or licensing schemes covering 
works of more than one author do not include licences or 
licensing schemes covering only-
(a) A single collective work or collective works of which the 
authors are the saIlle; or 110 Copyright IP/NIlINZL/CI1 
Page 111 
1994, No. 143 
(b) Works ITIade by or by employees of, or commissioned by, 
a singl~ individual, firm, company, or group of 
cOITIpames. 
(2) For the purposes of subsection (1) of this section, a group 
of companies ITIeans a holding cOITIpany and its subsidiaries 
within the meaning of sections 158 and 158A of the Companies 
Act 1955 or sections 5 and 6 of the Companies Act 1993, as the 
case may be. 
Cf. Copyright, Designs and Patents Act 1988, s. 116 (4) 
(U.K.) 
References and Applications with respect to Licensing Schemes 
148. Licensing schetnes to which sections 149 to 155 
apply-Sections 149 to 155 of this Act apply to-
(a) Licensing schemes that-
(i) Are operated by licensing bodies; and 
(ii) Relate to copyright in literary, draITIatic, 
ITIusical, or artistic works, or films, or film sound­
tracks when accompanying a film; and 
(iii) Cover works of more than one author; and 
(iv) Relate to licences for copying the work or 
performing, showing, or playing tbe work in public or 
broadcasting the work or including the work in a 
cable prograITIITIe: 
(b) All licensing schemes in relation to copyright in sound 
recordings (other than film sound-tracks when 
accoITIpanying a film), broadcasts, or cable 
programmes, or the typographical arrangement of 
published editions: 
(c) All licensing scheIlles that-
(i) Relate to copyright in cOITIputer prograIlls, 
sound recordings, or filIlls; and 
(ii) Relate to licences for the rental of copies of 
works of those descriptions to the public: 
(d) All licensing scheIlles that authorise-
(i) Copying of literary, dramatic, Illusical, or artistic 
works or the typographical arrangements of 
published editions by or on behalf of educational 
establishments; or 
(ii) Copying in the circuIllstances set out in section 
45 (4) of this Act; or 
(iii) Recording in the circuIllstances set out in 
sections 48 (1) and 91 (2) of this Act; or IP/NIlINZL/CI 1 
Page 112 
1994, No. 143 Copyright III 
(iv) The inclusion in a cable programme service of a 
broadcast made from a place in New Zealand by 
reception and immediate retransrnission;-
and in those sections the term "licensing scheme" means a 
licensing scheme of any of those descriptions. 
Cf. Copyright, Designs and Patents Act 1988, s. 117 (U.K.) 
References with respect to Licensing Schemes 
149. Reference of proposed licensing scheD1e to 
Tribunal-( 1) The terms of a licensing scheme that-
(a) Is proposed to be operated by a licensing body; and 
(b) Is proposed to apply generally or in relation to any 
description of cases-
may be referred to the Tribunal by-
(c) The operator of the proposed scheme; or 
(d) An organisation claiming to be representative of persons 
claiming that they require licences in cases of a 
description to which the scheme would apply. 
(2) The Tribunal shall first decide whether to entertain the 
reference and may decline to do so on the ground that the 
reference is preIllature. 
(3) If the Tribunal decides to entertain the reference, it shall 
consider the matter referred and make such order, either 
confinning or varying the proposed scheme, either generally or 
so far as it relates to cases of the description to which the 
reference relates, as the Tribunal may determine to be 
reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or 
for such period as the Tribunal may determine. 
Cf. Copyright, Designs and Patents Act 1988, s. 118 (U.K.) 
150. Reference of licensing scheD1e to Tribunal-( 1) If, 
while a licensing scheme is in operation, a dispute arises 
between the operator of the scheme and-
(a) A person claiming that he or she requires a licence in a 
case of a description to which the scheme applies; or 
(b) An organisation claiming to be representative of such 
persons,-
the operator or that person or organisation may refer the 
scheme, in so far as it relates to cases of that description, to the 
Tribunal. 
(2) A scheme that has been referred to the Tribunal under 
this section shall remain in operation until proceedings on the 
reference are concluded. 112 Copyright IP IN 11 INZL/CI ~ 
Page 113 
1994, No. 143 
(3) The Tribunal shall consider the matter in dispute and 
make such order, either confirming or varying the scheme so 
far as it relates to cases of the description to which the 
reference relates, as the Tribunal may determine to be 
reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or 
for such period as the Tribunal may determine. 
Cf. Copyright, Designs and Patents Act 1988, s. 119 (U.K.); 
1962, No. 33, s. 39 (1), (3)-(5) (a) 
151. Further reference of schell1e to Tribunal­
( 1) Where the Tribunal has on a previous reference of a 
licensing scheme (whether under this section or section 149 or 
section 150 of this Act), made an order with respect to the 
scheme, then, subject to subsection (2) of this section, while the 
order remains in force,-
(a) The operator of the scheme; or 
(b) A person claiming that he or she requires a licence in a 
case of the description to which fhe order applies; or 
(c) An organisation claiming to be representative of such 
persons-
may again refer the scheme, so far as it relates to cases of that 
description, to the Tribunal. 
(2) Except with the special leave of the Tribunal, a licensing 
scheme shall not be referred again to the Tribunal under 
subsection (1) of this section in respect of the same description 
of cases at a time earlier than-
(a) The end of the period of 12 months from the date of the 
order on the previous reference; or 
(b) If the order was made so as to be in force for 15 months 
or less, the begirming of the period of 3 months 
immediately before the expiry of the order,­
whichever occurs first. 
(3) A scherne that has been referred to the Tribunal under 
this section shall remain in operation until proceedings on the 
reference are concluded. 
(4) The Tribunal shall consider the matter in dispute and 
make such order, either confirming, varying, or further varying 
the scherne so far as it relates to cases of the description to 
which the reference relates, as the Tribunal rnay determine to 
be reasonable in the circumstances. IP/N/1/NZL/C/I 
Page 114 
1994, No. 143 Copyright 113 
(5) The order may be made so as to be in force indefinitely or 
for such period as the Tribunal may determine. 
Cf. Copyright, Designs and Patents Act 1988, s. 120 (U.K.); 
1962, No. 33, s. 40 
152. Effect of order of Tribunal D1ade on reference­
( 1) A licensing scheme that has been confirmed or varied by an 
order of the Tribunal made under section 149 or section 150 or 
section 151 of this Act shall be in force or, as the case may be, 
remain in operation so far as it relates to cases of the 
description in respect of which the order was made, so long as 
the order remains in force. 
(2) While an order is in force, a person who, in a case of a 
class to which the order applies,-
(a) Pays to the operator of the scheme any charges payable 
under the scheme in respect of a licence covering the 
case in question or, if the amount cannot be 
ascertained, gives an undertaking to the operator to 
pay the charges when ascertained; and 
(b) Complies with the other terms applicable to such a licence 
under the scheme-
shall be in the same position as regards infringement of 
copyright as if that person had at all material times been the 
holder of a licence granted by the owner of the copyright in 
question in accordance with the scheme. 
(3~ The Tribunal may direct that the order, so far as it varies 
'=ile zunount of c~harge; payable, has effect [raIn a date before 
~'hat IOn which the order is made, but not earlier than the date 
,011 'which the reference was made or, if later, on which the 
scheme came into operation. 
(4) If such a direction is Illade,-
(a) Any necessary repayments, or further payments, shall be 
made in respect of charges already paid;1 and 
';~I'he reference in subsection (2) (a) of this section to the 
charges payable under the scheme shall be construed 
as a reference to the charges so payable under the 
order. 
C£ Copyright, Designs and Patents Act 1988, s. 123 (1)-(3) 
(U.K.); 1962, No. 33, ss. 39 (5) (b), 45 (1)-(3) 
Applications with respect to Licensing Schemes 
158. Application for grant of licence in connection 
with licensing scheIl1.e-( 1) A person who claims, in a case 
covered by a licensing scheme, that the operator of the scheme 114 Copyright IP IN 11 INZL/CI 1 
Page 115 
1994, No. 143 
has refused to grant to that person or procure the grant to that 
person of a licence in accordance with the scheITle, or has failed 
to do so within a reasonable tiITle after being asked, may apply 
to the Tribunal for a licence. 
(2) A person who claiIlls, in a case excluded from a licensing 
scheme,-
(a) That the operator of the scheIlle has refused to grant to 
that person or procure the grant to that person of a 
licence, or has failed to do so within a reasonable time 
of being asked, and that in the circuITlstances it is 
unreasonable that a licence should not be granted; or 
(b) That the operator of the scheme proposes terms for a 
licence that are unreasonable-
ITlay apply to the Tribunal. 
(3) A case shall be regarded as excluded froITl a licensing 
scheme for the purposes of subsection (2) of this section if­
(a) The scheITle provides for the grant of licences subject to 
terms excepting matters froITl the licence and the 
case falls within such an exception; or 
(b) The case is so siITlilar to those in which licences are 
granted under the scheITle that it is unreasonable that 
it should not be dealt with in the saITle way. 
(4) If the Tribunal is satisfied that the claiITl is well-founded, it 
shall make an order declaring that, in respect of the matters 
specified in the order, the applicant is entitled to a licence on 
such terms as the Tribunal may determine to be applicable in 
accordance with the scheme or, as the case ITlay be, to be 
reasonable in the circumstances. 
(5) The order may be made so as to be in force indefinitely or 
for such period as the Tribunal Illay determine. 
Cf. Copyright, Designs and Patents Act 1988, s. 121 (U.K.); 
1962, No. 33, ss. 36 (3),38 (1)-(4) 
154. Application for review of order as to entideD1.ent 
to licence-( 1) Where the Tribunal has ITlade an order under 
section 153 of this Act that a person is entitled to a licence 
under a licensing scheITle, the operator of the scheme or the 
original applicant may from tiIlle to time apply to the Tribunal 
to review the order. 
(2) Except with the special leave of the Tribunal, an 
application shall not be made under subsection (1) of this 
section at a time earlier than-
(a) The end of the period of 12 months from the date of the 
order, or of the decision on a previous application 
under this section; or IP/N/lINZL/C/1 
Page 116 
1994, No. 143 Copyright 115 
(b) If the order was made so as to be in force for 15 months 
or less, or as a result of the decision on a previous 
application under this section is due to expire within 
15 months of that decision, the beginning of the 
period of 3 months immediately before the expiry 
date,-
whichever occurs first. 
(3) The Tribunal shall on an application for review under this 
section confirm or vary its order as the Tribunal may detennine 
to be reasonable having regard to the terms applicable in 
accordance with the licensing scheme or, as the case may be, 
the circumstances of the case. 
Cf. Copyright, Designs and Patents Act 1988, s. 122 (U.K.) 
155. Effect of order of Tribunal ntade on application­
Where the Tribunal has made an order under section 153 of 
this Act and the order remains in force, the person in whose 
favour the order is made shall, if that person-
(a) Pays to the operator of the scheme any charges payable in 
accordance with the order or, if the amount cannot 
be ascertained, gives an undertaking to pay the 
charges when ascertained; and 
(b) Complies with the other terms specified in the order,­
be in the same position as regards infringement of copyright as 
if that person had at all material times been the holder of a 
licence granted by the owner of the copyright in question on 
the terms specified in the order. 
Cf. Copyright, Designs and Patents Act 1 9 8 8 ~ s. 123 (5) 
(U.K.); 1962, No. 33, s. 45 (1 )-(3) 
References and Applications with respect to Licensing b)) JLicensing 
Bodies 
156 .. Licences to which sections 157 to 160 apply­
Sections 157 to 160 of this Act apply to the following 
descriptions of licences granted by a licensing body otherwise 
than under a licensing scheme: 
(a) Licences that-
(i) Relate to copyright m literary, dramatic, 
musical, or artistic works, or films, or film sound­
tracks when accompanying a film; and 
(ii) Cover works of more than one author; and 
(iii) Authorise the copying of the work or the 
performance, showing, or playing of the work in 116 Copyright IP/N/lINZL/C/1 
Page 117 
1994, No. 143 
public or the broadcasting of the work or the 
inclusion of the work in a cable prograrnrne: 
(b) Any licence relating to copyright in a sound recording 
(other than a film sound-track when accompanying a 
film), broadcast, or cable prograrnrne, or the 
typographical arrangement of a published edition: 
(c) All licences relating to copyright in computer programs, 
sound recordings, or films, so far as the licences relate 
to the rental of copies to the public: 
(d) Licences that authorise the copying of literary, dramatic, 
musical, or artistic works or the typographical 
arrangements of published editions by or on behalf of 
educational establishments;-
and in those sections the term "licence" means a licence of any 
of those descriptions. 
Cf. Copyright, Designs and Patents Act 1988, s. 124 (U.K.) 
157. Reference to Tribunal of proposed licence­
( 1) The terms on which a licensing body proposes to grant a 
licence may be referred to the Tribunal by the licensing body 
or the prospective licensee. 
(2) The Tribunal shall first decide whether to entertain the 
reference, and may decline to do so on the ground that the 
reference is premature. 
(3) If the Tribunal decides to entertain the reference, it shall 
consider the terms of the proposed licence and make such 
order, either confirming or varying the terms, as it may 
determine to be reasonable in the circumstances. 
(4) The order rnay be rnade so as to be in force indefinitely or 
for such period as the Tribunal rnay determine. 
Cf. Copyright, Designs and Patents Act 1988, s. 125 (U.K.) 
158. Reference to Tribunal of expiring licence-(l) A 
licensee under a licence that is due to expire, either by efHuxion 
of tirne or as a result of notice given by the licensing body, may 
refer the licence to the Tribunal on the ground that it is 
unreasonable in the circumstances that the licence should cease 
to be in force. 
(2) Such a reference may not be rnade earlier than the 
beginning of the period of 3 months irnmediately before the 
licence is due to expire. 
(3) A licence in respect of which a reference has been rnade 
to the Tribunal under this section shall remain in operation 
until proceedings on the reference are concluded. IP/N/1/NZL/C/1 
Page 118 
1994, No. 143 Copyright 117 
(4) If the Tribunal finds the reference well-founded, it shall 
make an order declaring that the licensee shall continue to be 
entitled to the benefit of the licence on such tenns as the 
Tribunal may determine to be reasonable in the circumstances. 
(5) An order of the Tribunal under this section may be made 
so as to be in force indefinitely or for such period as the 
Tribunal may determine. 
Cf. Copyright, Designs and Patents Act 1988, s. 126 (U.K.) 
159. Application for review of order as to licence­
( 1) Where tbe Tribunal has made an order under section 157 or 
section 158 of this Act, the licensing body or the person entitled 
to the benefit of the order may apply to the Tribunal to review 
the order. 
(2) Except with the special leave of the Tribunal, an 
application shall not be made under subsection ( 1) of this 
section at a tillle earlier than-
(a) The end of the period of 12 months from the date of the 
order or of the decision on a previous application 
under this section; or 
(b) If the order was made so as to be in force for 15 months 
or less, or as a result of the decision on a previous 
application under this section is due to expire within 
15 lllonths of that decision, the beginning of the 
period of 3 months imlllediately before the expiry 
date,-
whichever occurs first. 
(3) The Tribunal shall on an application for review under this 
section confirlll or vary its order as the Tribunal may determine 
to be reasonable in the circumstances. 
Cf. Copyright, Designs and Patents Act 1988, s. 127 (U.K.) 
160. Effect of order of Tribunal as to licence-(I) Where 
the Tribunal has made an order under section 157 or 
section 158 of this Act and the order remains in force, the 
person entitled to the benefit of the order shall, if that person-
(a) Pays to the licensing body any charges payable in 
accordance with the order or, if the alllount cannot 
be ascertained, gives an undertaking to pay the 
charges when ascertained; and 
(b) Complies with the other tenns specified in the order,­
be in the saIlle position as regards infringeIllent of copyright as 
if that person had at all material times been the holder of a 
licence granted by the owner of the copyright in question on 
the terms specified in the order. 118 Copyright IP/N/1/NZL/C/1 
Page 119 
1994, No. 143 
(2) The benefit of the order Illay be assigned,-
(a) In the case of an order Illade under section 157 of this 
Act, if assignment is not prohibited under the terms 
of the Tribunal's order; and 
(b) In the case of an order Illade under section 158 of this 
Act, if assignment was not prohibited under the terms 
of the original licence. 
(3) The Tribunal may direct that an order made under 
section 157 or section 158 of this Act, or an order made under 
section 159 of this Act varying such an order, so far as it varies 
the amount of charges payable, has effect from a date before 
that on which the order is made, but not earlier than the date 
on which the reference or application was made or, if later, on 
which the licence was granted or, as the case may be, was due 
to expire. 
(4) If such a direction is made,-
(a) Any necessary repayments, or further payments, shall be 
made in respect of charges already paid; and 
(b) The reference in subsection (1) (a) of this section to the 
charges payable in accordance with the order shall be 
construed,' where the order is varied by a later order, 
as a reference to the charges so payable under the 
later order. 
Cf. Copyright, Designs and Patents Act 1988, s. 128 (U.K.) 
Factors to be Taken into Account in Certain Classes cif Cases 
161. Unreasonable discrilIlination-In determining what 
is reasonable on a reference or application under this Part of 
this Act relating to a licensing scheme or licence, the Tribunal 
shall have regard to-
(a) The availability of other schemes, or the granting of other 
licences, to other persons in similar circumstances; 
and 
(b) The terms of those schemes or licences;-
and shall exercise its powers so as to ensure that there is no 
unreasonable discrimination between licensees, or prospective 
licensees, under the scheme or licence to which the reference 
or application relates and licensees under other schemes 
operated by, or other licences granted by, the same person. 
Cf. Copyright, Designs and Patents Act 1988, s. 129 (U.K.) 
162. Licences for reprographic copying-Where a 
reference or application is made under this Part of this Act 
relating to the licensing of reprographic copying of published IP/N/1/NZL/C/1 
Page 120 
1994, No. 143 Copyright 119 
literary, dramatic, musical, or artistic works, or the 
typographical arrangements of published editions, the Tribunal 
shall have regard to-
(a) The extent to which published editions of the works ill 
question are otherwise available; and 
(b) The proportion of the work to be copied; and 
(c) The nature of the use to which the copies are likely to be 
put. 
Cf. Copyright, Designs and Patents Act 1988, s. 130 (U.K.) 
168. Licences for educational establishtnents in respect 
of works included in broadcasts or cable progratntnes­
( 1) This section applies to references or applications made 
under this Part of this Act in relation to licences for-
(a) The recording, by or on behalf of educational 
establishments, of broadcasts or cable programmes 
that include copyright works; or 
(b) The Illaking of copies of such recordings,­
for educational purposes. 
(2) Where this section applies, the Tribunal shall, in 
considering what charges (if any) should be paid for a licence, 
have regard to the extent to which the owners of copyright in 
the works included in the broadcast or cable programme have 
already received, or are entitled to receive, payment in respect 
of their inclusion. 
Cr. Copyright, Designs and Patents Act 1988, s. 131 (U.K.) 
164. Licences to reflect conditions itnposed by 
protnoters of events-( 1) Where a reference or application is 
made under this Part of this Act in respect of a licence relating 
to a sound recording, film, broadcast, or cable programme that 
includes, or is to include, any entertainment or other ,event, the 
Tribunal-
(a) Shall have regard to any conditions imposed by the 
proII1oters of the entertainment or other event; and 
(b) Shall not hold a refusal or failure to grant a licence to be 
unreasonable if the licence could not have been 
granted consistently with any such conditions. 
(2) Nothing in this section shall require the Tribunal to have 
regard to any such conditions in so far as they-
(a) Purport to regulate the charges to be imposed in respect 
of the grant of licences; or 
(b) Relate to payments to be made to the promoters of any 
entertainment or other event in consideration of the 120 Copyright IP/N/1/NZLJC/l 
Page 121 
1994, No. 143 
grant of facilities for making the recording, film, 
broadcast, or cable programme. 
Cf. Copyright, Designs and Patents Act 1988, s. 132 (U.K.) 
165. Licences to reflect payntents in respect of 
underlying rights-( 1) In considering what charges (if any) 
should be paid for a licence on a reference or application made 
under this Part of this Act in relation to licences for the rental 
to the public of copies of computer programs, sound 
recordings, or films, the Tribunal shall take into account any 
reasonable payments that the owner of copyright in the 
computer program, sound recording, or film is liable to make, 
in consequence of the granting of the licence or of the acts 
authorised by the licence, to owners of copyright in works 
included in the program, recording, or film. 
(2) On any reference or application made under this Part of 
this Act in relation to licensing in respect of copyright in sound 
recordings, films, broadcasts, or cable programmes, the 
Tribunal shall take into account, in considering what charges (if 
any) should be paid for a licence, any reasonable payments that 
the copyright owner is liable to make, in consequence of the 
granting of the licence or of the acts authorised by the licence, 
in respect of any performance included in the recording, film, 
broadcast, or cable programme. 
Cf. Copyright, Designs and Patents Act 1988, s. 133 (U.K.) 
166. Licences in respect of works included in 
retranstnissions-( 1) This section applies to references or 
applications made under this Part of this Act in relation to 
licences to include in a broadcast or cable programme-
(a) Literary, dramatic, musical, or artistic works; or 
(b) Sound recordings or films,-
where one broadcast or cable programme (in this section 
referred to as "the first transmission") is, by reception and 
immediate retransmission, to be further broadcast or included 
in a cable programme (in this section referred to as "the further 
transmission' '). 
(2) So far as the further transmission is to the same area as 
the first transmission, the Tribunal shall, in considering what 
charges (if any) should be paid for licences for either 
transmission, have regard to the extent to which the copyright 
owner has already received, or is entitled to receive, payment 
for the other transmission that adequately remunerates the 
copyright owner in respect of transmissions to that area. IP/N/lINZL/C/1 
Page 122 
1994, No. 143 Copyright 121 
(3) So far as the further transmission is to an area outside 
that to which the first transmission is made, the Tribunal shall 
not take the further transmission into account in considering 
what charges (if any) should be paid for licences for the first 
transmission. 
Cf. Copyright, Designs and Patents Act 1988, s. 134 (U.K.) 
Implied Indemnity in Schemes or Licences for Reprographic Copying 
167.Itnplied indetnnity in certain schetnes and 
licences for reprographic copying-( 1) This section applies 
to-
(a) Schemes for licensing reprographic copying of published 
literary, dralllatic, musical, or artistic works, or the 
typographical arrangelllents of published editions; 
and 
(b) Licences granted by licensing bodies for such copying,­
where the schellle or licence does not specify the works to 
which it applies with such particularity as to enable licensees to 
determine whether a work falls within the scheme or licence by 
inspection of the scheme or licence and the work. 
(2) There is implied-
(a) In every scheme to which this section applies an 
undertaking by the operator of the schellle to 
indemnify a person granted a licence under the 
schellle; and 
(b) In every licence to which this section applies an 
undertaking by the licensing body to indemnify the 
licensee-
against any liability incurred by the licensee by reason of the 
licensee having infringed copyright by lllaking or authorising 
the making of reprographic copies of a work in circumstances 
within the apparent scope of the licence. 
(3) For the purposes of this section, the circumstances of a 
case are within the apparent scope of a licence if-
(a) It is not apparent from inspection of the licence and the 
work in question that the work does not fall within 
the description of works to which the licence applies; 
and 
(b) The licence does not expressly provide that it does not 
extend to copyright of the description infringed. 
(4) In this section, the term "liability" includes liability to pay 
costs; and this section applies in relation to costs reasonably 
incurred by a licensee in connection with actual or 
contemplated proceedings against the licensee for infringement 122 Copyright IP/N/I/NZL/C/I 
Page 123 
1994, No. 143 
of copyright and to sums that the licensee IS liable to pay in 
respect of such infringement. 
(5) A scheme or licence to which this section applies may 
contain reasonable provision-
(a) With respect to the manner in which, and time within 
which, claims under the undertaking implied by this 
section are to be made: 
(b) Enabling the operator of the scheme or, as the case may 
be, the licensing body to take over the conduct of any 
proceedings affecting the alllount of the operator's 
or, as the case may be, the licensing body's liability to 
indemnify under such an undertaking. 
Cf. Copyright, Designs and Patents Act 1988, s. 136 (U.K.) 
168. Detennination of equitable retnuneration­
(1) Where-
(a) A copyright owner and a librarian cannot agree as to the 
remuneration to be paid to the copyright owner 
under section 54 (2) (d) of this Act; or 
(b) A copyright owner and the Crown cannot agree as to the 
remuneration to be paid to the copyright owner 
under section 63 (2) of this Act; or-
(c) An exclusive licensee and the Crown cannot agree as to 
the remuneration to be paid to the exclusive licensee 
under section 64 (2) of tills Act; or 
(d) A licensee and the copyright owner or the exclusive 
licensee, as the case may be, cannot agree on the part 
of the payment to be paid to the licensee under 
section 64 (3) of this Act; or 
(e) A copyright owner and a person who makes a recording 
of a broadcast or cable programme cannot agree as 
to the remuneration to be paid to the copyright 
owner under section 91 (2) (d) of this Act,-
either party may apply to the Tribunal to determine the 
remuneration to be paid. 
(2) The Tribunal shall consider the matter and make such 
order as it may determine to be reasonable in the 
circumstances. 
(3) Either party to an order made under this section may 
apply to the Tribunal to review its order. 
(4) Except with the special leave of the Tribunal, an 
application under subsection (3) of this section shall not be 
made earlier than the end of the period of 12 months from the 
date of the original order or of the order on a previous 
application under that subsection. IP/NIlINZL/CI 1 
Page 124 
1994, No. 143 Copyright 123 
(5) The Tribunal shall on an application for review under this 
section confirm or vary its original order as the Tribunal may 
determine to be reasonable in the circumstances of the case. 
(6) An order under subsection (5) of this section has effect 
from the date on which it is made or such later date as may be 
specified by the Tribunal. 
PART IX 
PERFORMERS' RIGHTS 
169. Interpretation-In this Part of this Act, unless the 
context otherwise requires,-
"Commercial exploitation" means-
(a) Issuing recordings or copies of recordings to the 
public; or 
(b) Playing recordings or copies of recordings in 
public; or 
(c). Showing recordings or copies of recordings in 
public; or 
(d) Broad(:asting recordings or copies of recordings, 
or including recordings or copies of recordings in a 
cable programme service: 
"Convention country" means a country that is a party to a 
convention or other international instrument relating 
to performers' rights to which New Zealand is also a 
party: 
"Copy", in relation to a recording,-
(a) Means a copy of a recording made directly from 
that recording; and 
(b) Includes a copy of a recording made indirectly 
from that recording: 
"Exclusive recording contract" means a contract between 
a performer and another person under which that 
person is entitled, to the exclusion of all other persons 
(including the performer), to make recordings or 
copies of recordings for the purposes of commercial 
exploitation: 
"Illicit recording' '-
(a) Means a recording of the whole or any 
substantial part of a performance made without the 
performer's consent and otherwise than for private 
and domestic use; and 
(b) Includes a copy, made without the performer's 
consent and otherwise than for private and domestic 
use, of a recording where-124 Copyright IP/NIlINZL/CI 1 
Page 125 
1994, No. 143 
(i) The recording was Illade without the 
perforIller's consent; or 
(ii) The copy is Illade for purposes different 
froIll those for which the performer gave 
his or her consent to the recording; or 
(iii) The recording was Il1ade in accordance with 
any of the exeIllptions contained in 
sections 175 to 1 79 or sections 181 to 191 
of this Act, and the copy is Illade for 
different purposes: 
"PerforIllance"­
(a) Means-
(i) A draIl1atic perforIllance, including a dance, 
a rrllIlle, and a performance given with the 
use of puppets; or 
(ii) A Illusical perforIllance; or 
(iii) A reading or recitation of a literary work; or 
(iv) A performance of a variety act or any siInilar 
presentation,-
being in each case either-
(v) A live performance given in any country by a 
New Zealand citizen or a person domiciled 
or resident in New Zealand, or by a citizen 
or subject of or a person domiciled or 
resident in a Convention country; or 
(vi) A live perforIllance given in New Zealand or 
a Convention country; or 
(vii) A perforIllance to which this Part of this Act 
applies pursuant to section 1 70 (2) or 
section 203 of this Act or pursuant to an 
Order in Council made under section 204 
of this Act; but 
(b) Does not include-
(i) A performance referred to in section 47 (1) 
of this Act; or 
(ii) A reading, recital, or delivery of any item of 
news and inforIllation; or 
(iii) A performance of a sporting activity; or 
(iv) Participation in a performance as a Illember 
of an audience: 
"Person having recording rights" includes-
(a) Any person who is a party to, and has the 
benefit of, an exclusive recording contract to which 
the perforIllance is subject; or IP/N/1/NZL/C/1 
Page 126 
1994, No. 143 Copyright 125 
(b) Any person to whom the benefit of an exclusive 
recording contract has been assigned; or 
(c) Any person who is authorised to make 
recordings or copies of recordings for the purposes of 
commercial exploitation by a person to whom 
paragraph (a) or paragraph (b) of this definition 
applies: 
"Recording", in relation to a performance, means a sound 
recording or film-
(a) Made directly from the performance; or 
(b) Made from a broadcast of, or a cable 
programme that includes, the performance. 
Cf. Copyright, Designs and Patents Act 1988, s. 180 (2) 
(U.K.); Copyright Act 1968, s. 248A (2) (Aust.) 
1 70. Application-( 1) This Part of this Act applies to any 
act done on or after the commencement of this Act in relation 
to a performance given on or after that commencement. 
(2) Notwithstanding subsection (1) of this section, where the 
performance was given-
(a) In New Zealand; or 
(b) In a Convention country in respect of which section 203 
of this Act applies this Part of this Act; or 
(c) In a Convention country in respect of which an Order in 
Council made under section 204 of this Act is in 
force; or 
(d) In any country by a New Zealand citizen or a person 
domiciled or resident in New Zealand, or by a citizen 
or subject of or a person domiciled or resident in a 
Convention country,-
this Part of this Act also applies in relation to a performance 
given before the commencement of this Act if-
(e) A period of not more than 50 years has elapsed I from the 
end o! the calendar year in which the performance 
was gtven; or 
(f) In the case of a performance given in a Convention 
country, or in another country by a citizen or subject 
of or a person domiciled or resident in a Convention 
country, any term of protection given to that 
performance in the Convention country has not 
already expired. 
(3) Notwithstanding that, by virtue of subsection (2) of this 
section, this Part of this Act applies to a performance given 
before the commencement of this Act, nothing in this Part of 
this Act applies to-126 Copyright IP/NIl/NZL/CI 1 
Page 127 
1994, No. 143 
(a) Any act done, in relation to that performance, before the 
commencement of this Act or in pursuance of 
arrangements made before the commencement of 
this Act; or 
(b) The sale, letting for hire, or offer or exposure for sale or 
hire, after the commencement of this Act, of any 
recording or copy of a recording in existence in New 
Zealand iIllmediately before the commencement of 
this Act. 
(4) The rights conferred by this Part of this Act are 
independent of-
(a) Any copyright in, or moral rights relating to, any work 
performed or any sound recording or film of, or 
broadcast or cable programme that includes, the 
performance; and 
(b) Any other right or obligation arising otherwise than under 
this Part of this Act. 
(5) The rights conferred by this Part of this Act on a 
performer are conferred only in relation to performances by 
that performer, whether alone or with others. 
Cf. Copyright, Designs and Patents Act 1988, s. 180 (3), (4) 
(U.K.) 
Performers~ Rights 
1 71. Consent required for recording or live 
translDission of perfonnance-(1) A performer's rights are 
infringed by a person who, without the performer's consent,­
(a) Makes, otherwise than for his or her private and domestic 
use, a recording of the whole or any substantial part 
of a performance; or 
(b) Broadcasts live, or includes live in a cable programme, the 
whole or any substantial part of a performance. 
(2) In proceedings for infringement of a performer's rights 
brought under this section, damages shall not be awarded 
against a defendant who shows that at the time of the 
infringement the defendant believed on reasonable grounds 
that the performer's consent had been given. 
Cf. Copyright, Designs and Patents Act 1988, s. 182 (U.K.) 
172.InfringelI1.ent by use of illicit recording-A 
performer's rights are infringed by a person who, without the 
performer's consent,-
(a) Shows in public or plays in public the whole or any 
substantial part of a performance; or IP IN 11 INZL/CI 1 
Page 128 
1994, No. 143 Copyright 127 
(b) Broadcasts or includes in a cable programme the whole or 
any substantial part of a performance-
by means of a recording that is, and that the person knows or 
has reason to believe is, an illicit recording. 
Cf. Copyright, Designs and Patents Act 1988, s. 183 (U.K.) 
178. Copying of recordings-(I) A performer's rights are 
infringed by a person who, without the performer's consent 
and otherwise than for that person's private and domestic use, 
copies a recording if the person knows or has reason to believe 
that the recording was made without the performer's consent. 
(2) In proceedings for infringement of a performer's rights 
brought under this section, darnages shall not be awarded 
against a defendant who shows that at the time of the 
infringement the defendant believed on reasonable grounds 
that the performer's consent to the recording had been given. 
(3) A performer'S rights are infringed by a person who, 
without the perforIller's consent and otherwise than for that 
person's private and dotnestic use, copies a recording-
(a) If the copy is rnade for purposes different frotn those for 
whicb the performer gave his or her consent to the 
recording; or 
(b) If the recording was made in accordance with any of the 
exetnptions contained in any of sections 1 7 5 to 1 79 or 
sections 18 1 to 1 91 of this Act and the copy is made 
for different purposes. 
(4) In proceedings for infringernent 'of a performer'S rights 
brought under this section, datnages shall not be awarded 
against a defendant who shows that at the time of the 
infringetnent the defendant believed on reasonable grounds 
that the performer's consent to the copying of the recording 
had been given. 
174. Infringetnent by itnporting, possessing, or dealing 
with illicit recording-( 1) A performer's rights are infringed 
by a person who, without the performer'S consent,-
(a) Imports into New Zealand otherwise than for that 
person's private and domestic use; or 
(b) In the course of a business, possesses, sells, lets for hire, 
offers or exposes for sale or hire, or distributes-
a recording that is, and that the person knows or has reason to 
believe is, an illicit recording. 
(2) Where, in proceedings for infringement of a performer'S 
rights brought under this section, a defendant shows that the 
recording was innocently acquired by the defendant or a 128 Copyright IP/N/lINZL/C71 
Page 129 
1994, No. 143 
predecessor in title of the defendant, the only remedy available 
against the defendant in respect of the infringement is damages 
not exceeding a reasonable payment in respect of the act 
cOIllplained of. 
(3) In subsection (2) of this section, the term "innocently 
acquired" means that the person acquiring the recording did 
not know, and had no reason to believe, that it was an illicit 
recording. 
Cf. Copyright, Designs and Patents Act 1988, s. 184 (U.K.) 
Acts Permitted in relation to Performances 
175. Incidental copying of perfonnance or recording­
( 1) The rights conferred by this Part of this Act are not 
infringed by-
(a) The incidental copying of a performance or recording in a 
sound recording, film, broadcast, or cable 
programme; or 
(b) The playing of a sound recording, the showing of a film, 
the Illaking of a broadcast, or the inclusion of a cable 
programme in a cable prograrnrne service, where the 
perfonnance or recording has been incidentally 
copied in that sound recording, film, broadcast, or 
programme; or 
(c) The issue to the public of copies of such a sound 
recording, film, -broadcast, or cable prograIllIlle. 
(2) For the purposes of this section, a performance or 
recording, so far as it consists of-
(a) Music; or 
(b) Words spoken or sung with music,- . 
shall not be regarded as incidentally copied in another work if 
the performance or recording is deliberately copied. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 3 (U.K.) 
1 76. Permitted acts in relation to performances, 
criticistn., reviews, and news reporting-Fair dealing with a 
performance or recording-
(a) For the purposes of criticisIll or review, of that or another 
performance or recording, or of a work; or 
(b) For the purposes of reporting current events-
does not infringe any of the rights conferred by this Part of this 
Act. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 2, (U.K.) IP/NIlINZL/CI 1 
Page 130 
1994, No. 143 Copyright 129 
1 77. Things done for purposes of instruction or 
exatnination-( 1) The rights conferred by this Part of this Act 
are not infringed by the copying of a recording of a 
perforll1ance if-
(a) 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 is on how to ll1ake filll1s or filll1 
sound-tracks or relates to the learning of a language 
or is conducted by correspondence; and 
(b) The copying is done by or on behalf of a person who is to 
give, is giving, or has given the lesson or by or on 
behalf of ajerson who is to receive, is receiving, or 
has receive the lesson; and 
(c) No charge is filade for the supply of a copy to any student 
or other person who is to receive, is receiving, or has 
received the lesson. 
(2) The rights conferred by this Part of this Act are not 
infringed-
(a) By the copying of a recording of a perforll1ance for the 
purposes of setting or answering the questions in an 
exall1ination; or 
(b) By anything done for the purposes of an exall1ination by 
way of cOIllmunicating the questions to the 
candidates. 
i~Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 4 (1), (2) (U.K.) 
178. Playing or showing sound recording, filtn, 
broadcast, or cable progratntne at educational 
establishtnent-(l) The playing or showing of a sound 
recording, filll1, broadcast, or cable programme at an 
educational establishfilent for the purposes of instruction 
before an audience consisting of persons who are students or 
staff meIllbers at the establishment or persons directly 
connected with the activities of the establishment does not 
infringe any of the rights conferred by this Part of this Act. 
(2) For the purposes of this section, a person shall not be 
treated as a person directly connected with the activities of an 
educational establishfilent by reason only that the person is a 130 Copyright IP IN 11 INZL/CI 1 
Page 131 
1994, No. 143 
parent or guardian of a student at that educational 
establishment. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 5 (U.K.) 
1 79. Recording of broadcasts and cable progratnDl.es 
by educational establishDl.ent-A recording of a broadcast 
or cable programme, or a copy of such a recording, may be 
rnade by or on behalf of an educational establishment for the 
educational purposes of that establishment without infringing 
any of the rights conferred by this Part of this Act in relation to 
any performance or recording included in the recording or 
copy. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 6 (1) (U.K.) 
180. Subsequent dealings-( 1) Where a recording, or a 
copy of a recording, that would otherwise be an illicit 
recording-
(a) Is rnade in accordance with section 177 or section 179 of 
this Act; and 
(b) Is subsequently dealt with,-
it shall be treated as an illicit recording-
(c) For the purposes of the dealing referred to in 
paragraph (b) of this subsection, unless that dealing is 
authorised by the performer; and 
(d) For the purposes of any dealing that is subsequent to the 
dealing referred to in paragr~~ (b) of this subsection, 
unless the first-mentioned de . g is authorised by the 
performer. 
(2) In subsection (1) of this section, the term "dealt with" 
rn.eans sold or let for hire, or offered or exposed for sale or hire, 
in the course of a business. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
paras. 4 (3), 6 (2) (U.K.) 
181. Parliatnentary and judicial proceedings-The 
rights conferred by this Part of this Act are not infringed by 
anything done for the purposes of parliamentary or judicial 
proceedings or for the purposes of reporting such proceedings. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 8 (U.K.) 
182. Royal cOD1.Dl.issions and statutory inquiries-The 
rights conferred by this Part of this Act are not infringed by IP/N/1/NZL/C/1 
Page 132 
1994, No. 143 Copyright 131 
anything done for the purposes of a Royal comIlllSSlon, a 
commission of inquiry, a ministerial inquiry, or a statutory . . mqulry. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 9 (U.K.) 
188. Acts done under statutory authority-(I) Where the 
doing of a particular act is specifically authorised by an 
enactment, the doing of that act does not infringe the rights 
conferred by this Part of this Act unless the enactment provides 
otherwise. 
(2) Nothing in this section shall be construed as excluding any 
defence of statutory authority otherwise available under or 
pursuant to any enactment. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 11 (U.K.) 
184. Use of recordings of spoken works in certain 
cases-( 1) Where a recording of the reading or recitation of a 
literary work is made-
(a) For the purpose of reporting current events; or 
(b) For the purpose of broadcasting, or including in a cable 
programme, the whole or part of the reading or 
recitation,-
it is not an infringement of the rights conferred by this Part of 
this Act to use the recording (or to copy the recording and use 
the copy) for that purpose, if the conditions contained in 
subsection (2) of this section are complied with. 
(2) The conditions referred to in subsection (I) of this section 
are that-
(a) The recording is a direct recording of the reading or 
recitation and is not taken from a previous 'recording 
or from a broadcast or cable programme; and 
(b) The making of the recording was not prohibited by or on 
behalf of the person giving the reading or recitation; 
and 
(c) The use made of the recording is not of a kind prohibited 
by or on behalf of that person before the recording 
was made; and 
(d) The use is by or with the authority of a person who is 
lawfully in possession of the recording. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 13 (U.K.) 132 Copyright IP/N/lINZL/C/l 
Page 133 
1994, No. 143 
185. Recordings of folk-songs-( 1) A recording of a 
performance of a song may be made for the purpose of 
including the song in an archive maintained by a body 
prescribed by regulations made under this Act without 
infringing any of the rights conferred by this Part of this Act, if 
the conditions in subsection (2) of this section are complied 
with. 
(2) The conditions referred to in subsection (1) of this section 
are that-
(a) The words are unpublished and of unknown authorship at 
the time the recording is made; and 
(b) The making of. the recording does not infringe any 
copyright; and 
(c) The making of the recording is not prohibited by any 
performer. 
(3) Copies of a recording made in reliance on subsection (1) of 
this section and included in an archive maintained by a body 
prescribed by regulations made under this Act may, if the 
condition contained in subsection (4) of this section is complied 
with, be made and supplied by the archivist without infringing 
any of the rights conferred by this Part of this Act. 
(4) The condition referred to in subsection (3) of this section 
is that no person is furnished with more than one copy of the 
same recording. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 14 (U.K.) 
186. Playing of sound recordings for purposes of club, 
society, etc.-(I) It is not an infringement of any right 
conferred by this Part of this Act to play a 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) 
of this section are complied with. 
(2) The conditions referred to in subsection (1) of this section 
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 IP/N/lINZL/C/1 
Page 134 
1994, No. 143 Copyright 133 
solely for the purposes of the club, society, or 
organisation. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 15 (U.K.) 
187. Incidental recording for purposes of broadcast or 
cable progratntn.e-( 1) A person who proposes to-
(a) Broadcast a recording of a performance; or 
(b) Include a recording of a performance in a cable 
programme,-
in circumstances not infringing the rights conferred by this Part 
of this Act, shall be treated as having obtained consent for the 
purposes of this Part of this Act to the making of a recording 
for the purposes of the broadcast or cable programme. 
(2) The consent referred to in subsection (1) of this section is 
subject to the conditions that the recording-
(a) Shall not be used for any other purpose; and 
(b) Shall be destroyed within 6 months of being first used for 
broadcasting the performance or, as the case may be, 
including the performance in a cable programme, 
unless the Minister has authorised the preservation of 
the recording in the records of a government 
department or in the National Archives because of its 
documentary character or exceptional importance. 
(3) A recording made in accordance with this section shall be 
treated as an illicit recording-
(a) For the purposes of any use in breach of the condition 
contained in subsection (2) (a) of this section; and 
(b) For all purposes after either of the conditions contained in 
subsection (2) of this section is broken. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 16 (U.K.) 
188. Free public playing or showing of broadcast or 
cable progratntn.e-(I) The playing in public or showing in 
public of a broadcast (other than a broadcast to which 
subsections (4) to (7) of this section apply) or cable prograIllIlle 
to an audience who have not paid for admission to the place 
where the broadcast or cable programme is to be heard or seen 
does not infringe any right conferred by this Part of this Act in 
relation to a performance or recording included in-
(a) The broadcast or cable programme; or 
(b) Any sound recording or film that is played in public or 
shown in public by reception of the broadcast or 
cable programme. 134 Copyright IP/N/lINZL/C/1 
Page 135 
1994, No. 143 
(2) For the purposes of subsection (1) of this section, the 
audience shall be treated as having paid for admission to a 
place-
(a) If they have paid for adITIission to a place of which that 
place forIlls part; or 
(b) If goods or services are supplied at that place, or a place 
of which that place forms part,-
(i) At prices that are substantially attributable to 
the facilities afforded for hearing or seeing the 
broadcast or cable prograIllrne; or 
(ii) At prices exceeding those usually charged there 
and that are partly attributable to those facilities; or 
(c) If the place is a hotel, motel, camping ground, or any 
other place that adITIits persons for a fee for the 
purposes of obtaining accommodation of a temporary 
nature and they are persons residing at the hotel, 
motel, call1ping ground, or other place. 
(3) For the purposes of subsection (1) of this section, the 
following persons shall not be treated as having paid for 
adITIission to a place: 
(a) Persons adITIitted as residents or inIllates of a place (other 
than a hotel, motel, camping ground, or other place 
to which subsection (2) (c) of this section applies): 
(b) Persons admitted as meIllbers of a club or society where 
the payment is only for membership of the club or 
society and the provision of facilities for hearing or 
seeing broadcasts or cable prograIllIlles is only 
incidental to the main purposes of the club or society. 
(4) Subsections (5) to (7) of this section apply in respect of the 
playing or showing of a broadcast-
(a) That is made for reception in the area in which it is played 
or shown; and 
(b) That is not a satellite transmission or an encrypted 
transmission; and 
(c) That is shown or played siIllultaneously upon reception of 
the transIllission of the broadcast. 
(5) The playing in public or showing in public of a broadcast 
to which subsection (4) of this section applies to an audience 
who have not paid for admission to the place where the 
broadcast is to be heard or seen does not infringe any right 
conferred by this Part of this Act in relation to a performance 
or recording included in-
(a) The broadcast; or 
(b) Any sound recording or filIll included in the broadcast. IP/NIlINZL/C/1 
Page 136 
1994, No. 143 Copyright 135 
(6) For the purposes of subsection (5) of this section, the 
audience shall be treated as having paid for admission to a 
place-
(a) If they have paid for admission to a place of which that 
place forms part; or 
(b) If goods or services are supplied at that place, or a place 
of which that place forms part,-
(i) At prices that are substantially attributable to 
the facilities afforded for hearing or seeing the 
broadcast; or 
(ii) At prices exceeding those usually charged there 
and that are partly attributable to those facilities. 
(7) For the purposes of subsection (5) of this section, the 
following persons shall 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 
accoIllmodation of a temporary nature): 
(b) Persons admitted as mernbers of a club or society where 
the payment is only for membership of the club or 
society and the provision of facilities for hearing or 
seeing broadcasts or cable programmes is only 
incidental to the main purposes of the club or society. 
(8) Where the making of the broadcast or inclusion of the 
programme in a cablelrogramrne service was an infringement 
of the rights conferre by this Part of this Act in relation to a 
perforIllance or recording, the fact that the broadcast or 
prograIllme was heard or seen in public by the reception of the 
broadcast or cable programrne shall be taken into account in 
assessing the daIllages for that infringement. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 18 (U.K.) 
189. Reception and retranstnission of broadcast in 
cable progratntne service-( 1) This section applies where a 
broadcast made frorn a place in New Zealand is, by reception 
and .irnmediate retransrnission, included in a cable programme 
servIce. 
(2) Where this section applies,-
(a) The rights conferred by this Part of this Act in relation to 
a performance or recording included in the broadcast 
are not infringed if and to the extent that the 136 Copyright IP/N/l/NZL/C/l 
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1994, No. 143 
broadcast is made for reception in the area in which 
the cable prograIllIlle service is provided; and 
(b) Where the Illaking of the broadcast was an infringeIllent 
of any right conferred by this Part of this Act, the fact 
that the broadcast was retransInitted as a programme 
in a cable prograIllme service shall be taken into 
account in assessing the damages for that 
infringement. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 19 (U.K.) 
190. Provision of subtitled copies of broadcast or cable 
prograIntne-( 1) A body prescribed by regulations made 
under this Act III ay , for the purpose of providing people who 
are deaf or hard of hearing, or physically or mentally 
handicapped in any other way, with copies that are subtitled or 
otherwise modified for their special needs, make recordings of 
television broadcasts or cable prograIllmes without infringing 
any right conferred by this Part of this Act in relation to a 
perforlllance or recording included in the broadcast or cable 
prograIllme. 
(2) A body shall not be prescribed for the purposes of 
subsection (1) of this section if it is established or conducted for 
profit. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 20 (U.K.) 
191. Recording of broadcast or cable progratnD1.e for 
archival purposes-( 1) A recording of a broadcast or cable 
progralllIlle of a class prescribed by regulations made under 
this Act, or a copy of such a recording, Illay be made for the 
purpose of being placed in an archive maintained by a body 
prescribed by regulations made under this Act, without 
infringing any right conferred by this Part of this Act in relation 
to a performance or recording included in the broadcast or 
cable prograIllllle. 
(2) A body shall not be prescribed for the purposes of 
subsection (1) of this section if it is established or conducted for 
profit. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 2, 
para. 21 (U.K.) 
192. Power of Tribunal to give consent on behalf of 
perforrner-( 1) Where a person wishes to make a copy of a 
recording but-JP IN 11 INZL/CI 1 
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1994, No. 143 Copyright 137 
(a) The consent of a performer to the making of such a copy 
is required; and 
(b) Either-
(i) The identity or whereabouts of the performer 
cannot be ascertained by reasonable inquiry; or 
(ii) The performer unreasonably withholds his or 
her consent,-
the person may apply to the Tribunal for consent to make the 
copy. 
(2) The Tribunal rrlay, subject to the provisions of this 
section, ll1ake an order giving consent to the making of the 
copy and may impose such conditiorts on the order as it thinks 
fit. 
(3) The consent given by the Tribunal under subsection (2) of 
this section has effect as the consent of the performer for the 
purposes of the provisions of this Part of this Act relating to 
performers' rights. 
(4) The Tribunal shall not give consent under subsection (2) 
of this section unless satisfied that such directions as to the 
service or publication of notices as the Tribunal may give have 
been complied with. 
(5) The Tribunal shall not give consent under subsection (2) 
of this section unless satisfied that the performer's reasons for 
withholding consent do not include the protection of any 
legitirrlate interests of the performer; but it shall be for the 
performer to show what his or her reasons are for withholding 
consent, and in default of evidence as to his or her reasons the 
Tribunal may draw such inferences as it thinks fit. 
(6) In any case the Tribunal shall take into account the 
following factors: 
\ 
(a) Whether the recording of which the applicant seeks to 
make a copy was made with the performer's consent 
and is lawfully in the possession or control of the 
person proposing to make the copy: 
(b) Whether the making of the copy is consistent with the 
obligations of the parties to the arrangements under 
which the recording was made, or is otherwise 
consistent with the purposes for which the recording 
was rrlade. 
(7) Where the Tribunal gives consent under this section, it 
shall, in default of agreement between the applicant and the 
performer, ll1ake such order as it thinks fit as to the payment to 138 Copyright IP/N/1/NZL/C/1 
Page 139 
1994, No. 143 
be made to the performer in consideration of consent being 
gIven. 
Cf. Copyright, Designs and Patents Act 1988, s. 190 (U.K.) 
Duration and Transmission of Rights 
198. Duration of rights-The rights conferred by this Part 
of this Act exist in relation to a performance until the end of 
the period of 50 years from the end of the calendar year in 
which the performance takes place. 
Cf. Copyright, Designs and Patents Act 1988, s. 191 (U.K.) 
194. TranslDission of rights-( 1) The rights conferred by 
this Part of this Act are not assignable, and are transmissible 
only in accordance with the provisions of this section. 
(2) On the death of a person entitled to performers' rights,­
(a) The rights pass to such person or persons as he or she 
~1 by testaIllentary disposition specifically direct; 
(b) If or to the extent that there is no such direction, the 
rights are exercisable by his or her personal 
representatives;-
and references in this Part of this Act to the performer, in the 
context of the person having performers' rights, shall be 
construed as references to the person for the time being 
entitled to exercise those rights. 
(3) Where, under subsection (2) (a) of this section, a right 
becomes exercisable by more than one person, it is exercisable 
by each of them independently of the other or others. 
(4) Any damages recovered by personal representatives 
pursuant to this section in respect of an infringement after a 
person's death shall devolve as part of his or her estate as if the 
right of action had existed and been vested in him or her 
immediately before his or her death. 
C£ Copyright, Designs and Patents Act 1988, s. 192 (U.K.) 
Consent 
195. Consent-( 1) Consent for the purposes of this Part of 
this Act may be given in relation to a specific performance, a 
specified description of performances, or performances 
generally, and may relate to past or future performances. 
(2) Where a right conferred by this Part of this Act passes to 
another person, any consent binding on the person previously IP/N/lINZL/C/1 
Page 140 
1994, No. 143 Copyright 139 
entitled binds the person to whom the right passes in the same 
way as if the consent had been given by him or her. 
Cf. Copyright, Designs and Patents Act 1988, s. 193 (U.K.) 
Remedies for Infringement 
196. Proceedings for infringement of performers' 
rights-( 1) An infringement of any of the rights conferred by 
this Part of this Act is actionable by the performer in whom the 
right is vested. 
(2) An infringement of any of the rights conferred by this 
Part of this Act is also actionable, on behalf of the performer, 
by a person having recording rights, without any need to obtain 
the consent of the performer to the bringing of the 
proceedings, unless the performer expressly requires his or her 
consent to be obtained. 
(3) In proceedings for infringement of any of the rights 
conferred by this Part of this Act, the relief that a court may 
grant includes-
(a) An injunction (subject to such terms, if any, as the court 
thinks fit); and 
(b) Damages. 
(4) Wllere, in proceedings under this Part of this Act,­
(a) The infringement is established; and 
(b) The court is satisfied that it is proper to do so, having 
regard to-
(i) The flagrancy of the infringement; and 
(ii) Any benefit accruing to the defendant by reason 
of the infringement; and 
(iii) All other relevant matters,-
the court may award such additional damages as the justice of 
the case may require. 
Cf. Copyright Act 1968, s. 248J (Aust.) 
197. Order for delivery up in civil proceedings­
( 1) Where a person has an illicit recording of a performance in 
that person's possession, custody, or control in the course of a 
business,-
(a) Any person having performers' rights in relation to the 
performance under this Part of this Act; or 
(b) Any person having recording rights in relation to the 
performance under this Part of this Act-
may apply to the court for an order that the illicit recording be 
delivered up to him or her or such other person as the court 
may direct. 140 Copyright IP/N/lINZL/C/1 
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1994, No. 143 
(2) No order shall be made unless the court also makes, or it 
appears to the court that there are grounds for making, an 
order under section 202 of this Act. 
(3) A person to whom an illicit recording is delivered up in 
pursuance of an order under this section shall, if an order under 
section 202 of this Act is not made, retain the illicit recording 
pending the making of an order, or the decision not to make an 
order, under that section. 
(4) Notwithstanding any rule of court, an order may be made 
pursuant to this section on an ex parte application where service 
of notice of the application would cause undue delay or other 
serious detriment to the applicant. 
(5) Nothing in this section affects any other power of the 
court. 
Offences 
198. CriD1inal liability for D1ak.ing, dealing with, using, 
or copying illicit recordings-( 1) Every person commits an 
offence against this section who, without the consent of the 
performer, -
(a) Makes for sale or hire; or 
(b) Imports into New Zealand otherwise than for that 
person's private and domestic use; or 
(c) Possesses in the course of a business with a view to 
committing any act infringing the rights conferred by 
this Part of this Act; or 
(d) In the course of a business,-
(i) Offers or exposes for sale or hire; or 
(ii) Sells or lets for hire; or 
(iii) Distributes-
a recording that is, and that the person knows is, an illicit 
recording. 
(2) Every person commits an offence against this section who 
causes a recording that is, and that the person knows is, an 
illicit recording, to be-
(a) Played in public or shown in public; or 
(b) Broadcast or included in a cable programme. 
(3) Every person commits an offence against this section who, 
otherwise than for that person's private and domestic use, 
copies a recording-
(a) Without the consent of the performer, if the person 
knows that the recording was made without the 
performer's consent; or 
(b) If the copy is made for purposes different from those for 
which the performer gave his or her consent, and the IP IN I lINZL/C/l 
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1994, No. 143 Copyright 141 
person knows that the performer has not consented 
to the copying of the recording for different purposes; 
or 
(c) If the original recording was made in accordance with any 
of the exemptions contained in any of sections 1 7 5 to 
1 79 or sections 18 1 to 1 91 of this Act, and the copy is 
made for different purposes, and the person knows 
that the performer has not consented to the copying 
of the recording for those different purposes. 
(4) Every person who commits an offence against 
subsection (1) or subsection (2) or subsection (3) of this section is 
liable on summary conviction,-
(a) In the case of an offence against subsection (1) of this 
section, to a fine not exceeding $5,000 for every illicit 
recording to which the offence relates, but not 
exceeding $50,000 in respect of the same transaction, 
or to imprisonment for a tenn not exceeding 3 
months: 
(b) In the case of an offence against subsection (2) or 
subsection (3) of this section, to a fine not exceeding 
$50,000 or to imprisonment for a term not exceeding 
3 months. 
(5) Where any person is convicted of an offence against this 
section in circumstances where that offence involves the 
making of profit or gain, that offence shall be deemed to have 
caused a loss of property for the purposes of section 22 (1) (b) of 
the Criminal Justice Act 1985, and the provisions of that Act 
relating to the imposition of the sentence of reparation shall 
apply accordingly. 
Cf. Copyright, Designs and Patents Act 1988, s. 198 (1), (2), 
(3) (a), (5), (6) (U.K.) 
199. Order for delivery up in crilIlinal proceedings­
(1) The court before which proceedings are brought against a 
person for an offence against section 198 of this Act may, if 
satisfied that, at the time of the defendant's arrest or charge, 
the defendant had in his possession, custody, or control in the 
course of a business an illicit recording, order that the recording 
be delivered up to a person having performers' rights in 
relation to the performance or to such other person as the 
court may direct. 
(2) An order may be made under subsection (1) of this section 
by the court of its own motion or on the application of the 
prosecution, and may be made whether or not the person is 
convicted of the offence, but shall not be made if it appears to 142 Copyright IP/N/lINZL/C/1 
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1994, No. 143 
the court unlikely that any order will be made under section 
202 of this Act in the proceedings. 
(3) A person to WhOIll an illicit recording is delivered up 
pursuant to an order made under this section shall retain the 
recording pending the making of an order, or the decision not 
to make an order, under section 202 of this Act. 
Cf. Copyright, Designs and Patents Act 1988, s. 199 (1), (3), 
(5) (U.K.) 
200. False representation of authority to give 
consent-( 1) Every person commits an offence against this 
section who represents falsely that he or she is authorised by 
any person to give consent for the purposes of this Part of this 
Act in relation to a performance, unless he or she believes on 
reasonable grounds that he or she is entitled to do so. 
(2) A person who commits an offence against this section is 
liable on summary conviction to iInprisonment for a term not 
exceeding 3 months or a fine not exceeding $10,000. 
Cf. Copyright, Designs and Patents Act 1988, s. 201 (U.K.) 
201. Liability of officers of body corporate-Where any 
body corporate is convicted of an offence against section 198 or 
section 200 of this Act, every director and every person 
concerned in the management of the body corporate shall be 
guilty of the offence if it is proved-
(a) That the act that constituted the offence took place with 
his or her authority, permission, or consent; and 
(b) That he or she-
(i) Knew, or could reasonably be expected to have 
known, that the offence was to be or was being 
committed; and 
(ii) Failed to take all reasonable steps to prevent or 
stop it. 
Cf. 1 991, No. 69, s. 340 
202. Order as to disposal of illicit recording-( 1) An 
application may be made to the court for an order that an illicit 
recording delivered up pursuant to an order made under 
section 197 or section 1 99 of this Act shall be-
(a) Forfeited to such person having performers' rights in 
relation to the performance as the court may direct; 
or 
(b) Destroyed or otherwise dealt with as the court thinks fit. 
(2) In considering what order (if any) should be made under 
subsection (1) of this section, the court shall have regard to-IP/NII/NZL/CI 1 
Page 144 
1994, No. 143 Copyright 143 
(a) Whether other remedies available in lroceedings for 
infringement of the rights conferre by this Part of 
this Act would be adequate to compensate the person 
or persons entitled to the rights and to protect the 
interests of that person or those persons; and 
(b) The need to ensure that no illicit recording is disposed of 
in a manner that would adversely affect a person 
having performers' rights in the performance. 
(3) The court shall issue directions as to the service of notice 
on persons having an interest in the recording. 
(4) Any person having an interest in the recording is 
entitled-
(a) To appear in proceedings for an order under this section, 
whether or not he or she is served with notice; and 
(b) To appeal against any order made, whether or not he or 
she appears in the proceedings;-
and an order made under subsection (1) of this section shall not 
take effect until the end of the period within which notice of an 
appeal may be given or, if before the end of that period notice 
of appeal is duly given, until the final determination or 
abandonment of the proceedings on the appeal. 
(5) Where there is more than one person interested in a 
recording, the court may direct that the recording be sold, or 
otherwise dealt with, and the proceeds divided, and shall make 
any other order as it thinks just. 
(6) If the court decides that no order should be made under 
this section, the person in whose possession, custody, or control 
the recording was before being delivered up is entitled to its 
return. 
Cf. Copyright, Designs and Patents Act 1988, s.204 (U.K.) 
Application to Foreign Countries 
208. Application of this Part to Convention 
countries-( 1) This Part of this Act shall apply in respect of a 
performance given in any country by a citizen or subject of, or 
a person domiciled or resident in, a Convention country until-
(a) The close of the 31st day of December 1995; or 
(b) The coming into force in respect of that Convention 
country of an Order in Council made under section 
204 of this Act,-
whichever is the earlier. 
(2) For the avoidance of doubt, it is hereby declared that 
subsection (1) of this section applies, in relation to a person 
referred to in that subsection as a citizen or subject of a 144 Copyright IP/N/1/NZL/C/I 
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1994, No. 143 
Convention country or as a person domiciled or resident in a 
Convention country, whether or not the country was, at the 
time the person was a citizen or subject of it or domiciled or 
resident there, a Convention country. 
204. Application of this Part to Convention and other 
countries-( 1) The Governor-General may from time to time, 
by Order in Council, aptly in relation to any country (other 
than New Zealand) any 0 the provisions of this Part of this Act 
specified in the order. 
(2) An Order in Council made under this section may-
(a) Apply any provisions of this Part of this Act subject to 
such exceptions and modifications as are specified in 
the order; and 
(b) Direct that any provisions of this Part of this Act apply 
either generally or in relation to such classes of 
performances as are specified in the order. 
(3) Except in the case of a Convention country, the Governor­
General shall not make an Order in Council under this section 
in relation to a country unless satisfied that reciprocal provision 
has been or will be made under the law of tbat country, in 
respect of the class of performance to which the order relates. 
(4) An Order in Council under this section may be so made as 
to apply generally to a country, or to any territories for whose 
international relations the Government of that country is 
responsible, or to the country exclusive of all or any such 
territories. 
Cf. Copyright, Designs and Patents Act 1988, ss. 159, 208 
(U.K.) 
PART X 
COPYRIGHT TRIBUNAL 
Constitution 
205. Copyright Tribunal-The Tribunal constituted by 
section 30 of the Copyright Act 1962 and known as the 
Copyright Tribunal shall continue in being. 
206. Metnbership of Tribunal-(l) The Tribunal shall 
consist of a Chairperson and 2 other persons. 
(2) The Chairperson of the Tribunal-
(a) Shall be appointed as Chairperson by the Governor­
General on the recommendation of the Minister; and IP/NIlINZL/CI 1 
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1994, No. 143 Copyright 145 
(b) Shall be a barrister or solicitor of the High Court of not 
less than 7 years' practice, whether or not the 
barrister or solicitor holds or has held judicial office. 
(3) The 2 other persons shall be appointed as members of the 
Tribunal by the Governor-General on the recommendation of 
the Minister. 
(4) No person shall be deemed to be employed in the service 
of the Crown for the purposes of the State Sector Act 1988 by 
virtue merely of his or her appointIllent to the Tribunal. 
Cf. 1962, No. 33, s. 30(1), (2), (7) 
207. Tenn. of office of tnetnbers of Tribunal-(I) Every 
member of the Tribunal shall hold office for a term not 
exceeding 5 years. 
(2) Any member of the Tribunal may hold that office 
concurrently with any other office held by him or her and may 
from time to time be reappointed. . 
(3) Where the term for which a member was appointed 
expires, that member, unless sooner vacating or removed from 
office under section 208 of this Act, shall continue to hold 
office, by virtue of the appointment for the term that has 
expired, until-
(a) That member is reappointed; or 
(b) A successor to that member is appointed. 
(4) The powers of the Tribunal shall not be affected by any 
vacancy in its membership. 
Cf. 1962, No. 33, s. 30 (3)-(6) 
208. Vacation of office-(I) Any member of the Tribunal 
may at any time resign his or her office by delivering a notice in 
writing to that effect to the Minister. 
(2) Any member of the Tribunal shall be deemed to have 
vacated his or her office if he or she dies or is, under the 
Insolvency Act 1967, adjudged bankrupt. 
(3) Any member of the Tribunal may at any time be 
removed from office by the Governor-General for disability 
affecting performance of duty, neglect of duty, or misconduct, 
proved to the satisfaction of the Governor-General. 
Cf. 1962, No. 33, ss. 31, 32 
209. Deputies of tnetnbers-( 1) Where any member of the 
Tribunal-
(a) Becomes incapable of acting by reason of illness, absence, 
or other sufficient cause; or 146 Copyright IP IN 11 INZL/CI 1 
Page 147 
1994, No. 143 
(b) Deems it not proper or desirable that he or she should act 
in any particular proceedings,-
the Governor-General, on the recommendation of the Minister, 
may appoint a person to act as the deputy of the member for 
the period or purpose stated in the appointment. 
(2) No person shall be appointed as a deputy of the 
Chairperson unless he or she is eligible for appointment as 
Chairperson. 
(3) Any deputy shall, while acting as such, be deemed to be a 
member of the Tribunal, and the deputy of the Chairperson 
shall have all the powers of the Chairperson. 
(4) No appointment of a deputy, and no acts done by a 
deputy as such, and no acts done by the Tribunal while any 
deputy is acting as such, shall in any proceedings be questioned 
on the ground that the occasion for the appointment had not 
arisen or had ceased. 
Cf. 1962, No. 33, s. 33 
210. Retnuneration and travelling allowances-(1) The 
Tribunal is hereby declared to be a statutory Board within the 
meaning of the Fees and Travelling Allowances Act 1951. 
(2) There shall be paid to members of the Tribunal, out of 
money appropriated by Parliament for the purpose, 
remuneration by way of fees, salary, or allowances and 
travelling allowances and expenses in accordance with the Fees 
and Travelling Allowances Act 1 951, and the provisions of that 
Act shall apply accordingly. 
Cf. 1962, No. 33, s. 35 
Jurisdiction and Procedure 
211. Jurisdiction of Tribunal-The Tribunal shall have 
such functions as are conferred on it by this Act or any other 
enactment. 
C£ 1962, No. 33, s. 37 
212. Parties to proceedings-( 1) The operator of the 
licensing scheme or the proposed licensing scheme shall be a 
party to any proceedings under section 149 or section 150 or 
section 151 or section 153 or section 154 or section 157 or 
section 158 or section 159 of this Act. 
(2) The Tribunal may direct that an organisation or person be 
added as a party to any proceedings before the Tribunal under 
this Act where the Tribunal is satisfied that the organisation or IP/NI 1 INZL/CI 1 
Page 148 
1994, No. 143 Copyright 147 
person has a substantial interest in the matter in dispute and 
either-
(a) The organisation or person applies to be made a party to 
those proceedings; or 
(b) The Tribunal of its own motion considers it desirable. 
(3) The Attorney-General, if in his or her opinion the public 
interest is or may be involved, may, on giving such notice to 
other parties as the Tribunal may direct, appear and be heard, 
or present submissions in writing on any proceedings before the 
Tribunal. 
Cf. 1962, No. 33, s.42 
218. Sittings of Tribunal-(I) The Tribunal shall fix a time 
and place for the hearing of proceedings and shall cause notice 
to be given to the parties of the time and place so fixed. 
(2) No sitting of the Tribunal shall take place, except for the 
purposes of interlocutory or other ancillary matters, unless all 
members are present. 
(3) Every sitting of the Tribunal shall be held in such place as 
the Tribunal deems convenient. 
(4) Every sitting of the Tribunal shall be held in public unless 
the Tribunal in any particular case, having regard to the 
interests of the parties and of all other persons concerned, 
considers that the sitting or any part of it should be held in 
private. 
(5) The Tribunal may make an order prohibiting the 
publication of any report or description of the proceedings or of 
any part of the proceedings. 
(6) Every person commits an offence and is liable on 
summary conviction to a fine not exceeding $3,000 who acts in 
contravention of any order made by the Tribunal under 
subsection (5) of this section. 
(7) Any sitting of the Tribunal may be adjourned from time 
to time and from place to place. 
Cf. 1962, No. 33, s. 43 (1)-(4) 
214. Procedure of Tribunal-(I) Any party to proceedings 
before the Tribunal may appear personally or by the party's 
barrister, solicitor, or agent. 
(2) The Tribunal may appoint a barrister or solicitor to 
appear and be heard in proceedings as counsel assisting the 
TribunaL 
(3) The decision of the majority of members shall be the 
decision of the TribunaL 148 Copyright IP/NIlINZL/CI1 
Page 149 
1994, No. 143 
(4) Every decision of the Tribunal shall be in writing and shall 
state the reasons for the decision. 
( 5) Except as otherwise provided in this Part of this Act, the 
Tribunal shall determine its own procedure. 
Cf. 1962, No. 33, s. 43 (5)-(8) 
215. Evidence in proceedings before Tribunal-(l) The 
Tribunal may receive as evidence any statement, document, 
information, or matter that may in its opinion assist it to deal 
effectively with the matters before it, whether or not the same 
would be admissible in a court of law. 
(2) The Tribunal may take evidence on oath, and for that 
purpose any lllember or officer of the Tribunal may administer 
an oath. 
(3) The Tribunal may permit a person appearing as a witness 
before it to give evidence by tendering a written statement and, 
if the Tribunal thinks fit, verifying it by oath. 
(4) Subject to subsections (1) to (3) of this section, the 
Evidence Act 1908 applies to the Tribunal in the same manner 
as if the Tribunal were a court within the meaning of that Act. 
Cf. 1962, No. 33, s. 44; 1993, No. 82, s. 106 
216. Witness sUlDlDons-(I) The Tribunal may of its own 
motion, or on the application of any party to the proceedings, 
issue a witness summons to any person requiring that person to 
attend before the Tribunal to give evidence at the hearing of 
the proceedings. 
(2) The witness summons shall state-
(a) The place where the person is to attend; and 
(b) The date and time when the person is to attend; and 
(c) The papers, documents, records, or things that that 
person is required to bring and produce to the 
Tribunal; and 
(d) The entitlement to be tendered or paid a sum in respect 
of allowances and travelling expenses; and 
(e) The penalty for failing to attend. 
(3) The power to issue a witness summons may be exercised 
by the Tribunal or the Chairperson, or by any officer of the 
Tribunal purporting to act by the direction or with the 
authority of the Tribunal or the Chairperson. 
Cf. 1993, No. 82, s. 109 
217. Service of sUIDlDons-(I) A witness summons may be 
served-
(a) By delivering it personally to the person summoned; or IP/N/lINZL/C/1 
Page 150 
1994, No. 143 Copyright 149 
(b) By posting it by registered letter addressed to the person 
summoned at that person's usual place of residence. 
(2) The summons shall,-
(a) Where it is served under subsection (1) (a) of this section, 
be served at least 24 hours before the attendance of 
the witness is required; or 
(b) Where it is served under subsection (1) (b) of this section, 
be served at least 10 days before the date on which 
the attendance of the witness is required. 
(3) If the summons is posted by registered letter, it shall be 
deemed for the purposes of subsection (2) (b) of this section to 
have been served at the time when the letter would be 
delivered in the ordinary course of post. 
Cf. 1993, No. 82, s. 110 
218. Witnesses' allowances-( 1) Every witness attending 
before the Tribunal to give evidence pursuant to a summons 
shall be entitled to be paid witnesses' fees, allowances, and 
travelling expenses according to the scales for the time being 
prescribed by regulations made under the Summary 
Proceedings Act 1 95 7 , and those regulations shall apply 
accordingly. 
(2) On each occasion on which the Tribunal issues a 
summons under section 216 of this Act, the Tribunal, or the 
person exercising the power of the Tribunal under 
subsection (3) of that section, shall fix an amount that, on the 
service of the summons, or at some other reasonable time 
before the date on which the witness is required to attend, shall 
be paid or tendered to the witness. 
(3) The amount fixed under subsection (2) of this section shall 
be the estimated amount of the allowances and travelling 
expenses to which, in the opinion of the Tribunal or person, the 
witness will be entitled according to the prescribed scales if the 
witness attends at the time and place specified in the summons. 
(4) Where a party to the proceedings has requested the issue 
of the witness summons, the fees, allowances, and travelling 
expenses payable to the witness shall be paid by that party. 
(5) Where the Tribunal has of its own motion issued the 
witness summons, the Tribunal may direct that the amount of 
those fees, allowances, and travelling expenses-
(a) Form part of the costs of the proceedings; or 
(b) Be paid from money appropriated by Parliament for the 
purpose. 
Cf. 1993, No. 82, s. III 150 Copyright IP/NIlINZL/CI1 
Page 151 
1994, No. 143 
219. Privileges and iD1.Inunities-( 1) Witnesses appearing 
before the Tribunal shall have the same privileges and 
irnrnunities as witnesses have in proceedings in a District Court. 
(2) Counsel and agents appearing before the Tribunal shall 
have the same privileges and inununities as counsel have in 
proceedings in a District Court. 
Cf. 1993, No. 82, s. 112 
220. Non-attendance or refusal to co-operate-(I) Every 
person commits an offence who, after being summoned to 
attend to give evidence before the Tribunal or to produce to 
the Tribunal any papers, documents, records, or things, without 
sufficient cause,-
(a) Fails to attend in accordance with the summons; or 
(b) Refuses to be sworn or to give evidence, or, having been 
sworn, refuses to answer any question that the person 
is lawfully required by the Tribunal or any member 
of it to answer concerning the proceedings; or 
(c) Fails to produce any such paper, document, record, or 
thing. 
(2) Every person who commits an offence against sub­
section (1) of this section is liable on sUlllIllary conviction to a 
fine not exceeding $1,500. 
(3) No person summoned to attend before the Tribunal shall 
be convicted of an offence against subsection (1) of this section 
unless there was tendered or paid to that person travelling 
expenses in accordance with section 218 of this Act. 
Cf. 1993, No. 82, s. 113 
221. Contetnpt of Tribunal-( 1) Every person commits an 
offence and is liable on summary conviction to a fine not 
exceeding $1,000 who-
(a) Assaults, threatens, or intimidates, or intentionally insults, 
the Tribunal or any member of it or any special 
adviser to or officer of the Tribunal, during a sitting 
of the Tribunal, or in going to, or returning from, any 
sitting; or 
(b) Intentionally intenupts the proceedings of the Tribunal or 
otherwise rnisbebaves while the Tribunal is sitting; or 
(c) Intentionally and without lawful excuse disobeys an order 
or direction of a member of the Tribunal in the 
course of any proceedings before the Tribunal. 
(2) A member of the Tribunal may order the exclusion from 
a sitting of the Tribunal of any person whose behaviour, in that IP/N/1/NZL/C/1 
Page 152 
1994, No. 143 Copyright 151 
member's opinion, constitutes an offence against subsection (1) 
of this section, whether or not such person is charged with the 
offence; and any member of the Police may take such steps as 
are reasonably necessary to enforce such an exclusion. 
222. Costs-(I) The Tribunal, in any proceedings before it 
under this Act, may make such order as to costs as it thinks fit. 
(2) Any such order as to costs may be filed in a District Court 
and may be enforced as a judgment of that Court. 
Cf. 1962, No. 33, s. 46 
228. Stating case for High Court-(I) The Tribunal may, 
at any time, before or during the hearing or before delivering 
its decision, on the application of any party to the proceedings 
or of its own motion, state a case for the opinion of the High 
Court on any question of law arising in any proceedings before 
the Tribunal. 
(2) The Tribunal shall give notice to the parties to the 
proceedings of the Tribunal's intention to state a case under 
this section, specifying the registry of the High Court in which 
the case is to be filed. 
(3) Except where the Tribunal intends to state the case of its 
own motion, the question shall be in the form of a special case 
to be drawn up by the parties to the proceedings, and, if the 
parties do not agree, to be settled by the Tribunal. 
(4) Where the Tribunal intends to state a case of its own 
motion, it shall itself state and sign a case setting forth the facts 
and questions of law arising for the detennination of the High 
Court. 
(5) Every case stated for the High Court under this section 
shall be dealt with in accordance with rules of Court. 
(6) The High Court shall hear and detennine any question 
submitted to it under this section, and shall remit the case with 
its opinion to the Tribunal. 
cr 1962, No. 33, s. 47; 1993, No. 82, s. 122 
224. Appeal on question of law-( 1) Where any party to 
any proceedings before the Tribunal under this Act is 
dissatisfied with any detennination of the Tribunal as being 
erroneous in point of law, that party may appeal to the High 
Court on that question of law. 152 Copyright IP IN 11 INZL/CI 1 
Page 153 
1994, No. 143 
(2) Every appeal under this section shall be dealt with in 
accordance with rules of Court. 
C£ 1993, No. 94, s. 58 
PART XI 
MISCELLANEOUS PROVISIONS 
225. Rights and privileges under other enactD1.ents or 
COD1.D1.on law-( 1) Nothing in this Act affects-
(a) Any right or privilege of any person under any other 
enactrrlent: 
(b) Any right or privilege of the Crown existing otherwise 
than under an enactrrlent: 
(c) Any right or privilege of the House of Representatives: 
(d) The right of the Crown or any person deriving title frorrl 
the Crown to sell, use, or otherwise deal with objects 
for~eited under the laws relating to customs and 
eXCIse: 
(e) The operation of any rule of equity relating to breaches of 
trust or confidence. 
(2) Subject to subsection (1) of this section, no copyright or 
right in the nature of copyright shall exist otherwise than under 
this Act or SOrrle other enactrrlent in that behalf. 
(3) Nothing in this Act affects any rule of law preventing or 
restricting the enforcement of copyright, on grounds of public 
interest or otherwise. 
(4) Nothing in this Act affects any right of action or other 
rerrledy, whether civil or criminal, available otherwise than 
under this Act in respect of acts infringing any of the rights 
conferred by Part IV of this Act. 
Cf. Copyright, Designs and Patents Act 1988, s. 171 (U.K.); 
1962, No. 33, ss. 5, 67 
Devices DeSigned to Circumvent Copy-Protection 
226. Devices designed to circulDvent copy-
protection-( 1) Where copies of a copyright work are issued 
to the public, by or with the licence of the copyright owner, in 
an electronic forIll that is copy-protected,-
(a) The person issuing the copies to the public has the saIlle 
rights against a person specified in subsection (2) of 
this section as a copyright owner has in respect of an 
infringeIllent of copyright; and 
(b) The person issuing the copies to the public has the saIlle 
rights under section 122 or section 132 of this Act in IP/NI1/NZL/CI 1 
Page 154 
1994, No. 143 Copyright 153 
relation to any device or means (of the kind referred 
to in subsection (2) (a) of this section) that a person 
has in his or her possession, custody, or control with 
the intention that it should be used to make infringing 
copies of copyright works, as a copyright owner has 
in relation to an infringing copy. 
(2) The person referred to in subsection (1) of this section is a 
person who-
(a) Makes, imports, sells, lets for hire, offers or exposes for 
sale or hire, or advertises for sale or hire, any device 
or means specifically designed or adapted to 
circumvent the form of copy-protection employed; or 
(b) Publishes information intended to enable or assist persons 
to circumvent that form of copy-protection,­
knowing or having reason to believe that the devices, means, or 
information will be used to make infringing copies. 
(3) References in this section to copy-protection include any 
device or means intended to prevent or restrict copying of a 
work or to impair the quality of copies made. 
(4) Sections 126 to 129 of this Act apply in relation to 
proceedings under this section. 
(5) Section 134 of this Act applies, with all necessary 
modifications, in relation to the disposal of anything delivered 
up under subsection (1) (b) of this section. 
Cf. Copyright, Designs and Patents Act 1988, s. 296 (U.K.) 
227. Offence of fraudulently receiving progr3.Il1.lIl.es­
(1) Every person comfilits an offence and is liable on sumfilary 
conviction to a fine not exceeding $5,000 who, with intent to 
avoid payment of any charge applicable to the reception of a 
programme included in a broadcasting service or cable 
programme service provided from a place in New Zealand, 
receives such a programIlle. 
(2) Where any body corporate is convicted of an offence 
against this section, every director and every person concerned 
in the management of the body corporate shall be guilty of the 
offence if it is proved-
(a) That the act that constituted the offence took place with 
his or her authority, permission, or consent; and 
(b) That he or she-
(i) Knew, or could reasonably be expected to have 
known, that the offence was to be or was being 
committed; and 154 Copyright IP/N/1/NZL/C/1 
Page 155 
1994, No. 143 
(ii) Failed to take all reasonable steps to prevent or 
stop it. 
Cf. Copyright, Designs and Patents Act 1988, s. 297 (U.K.); 
1991, No. 69, s. 340 
228. Rights and retnedies in respect of apparatus, etc., 
for unauthorised reception of transtnissions-( 1) A 
person who-
(a) Makes charges for the reception of programmes included 
in a broadcasting service or cable programme service 
provided from a place in New Zealand; or 
(b) Sends encrypted transmissions of any other description 
from a place in New Zealand-
is entitled to the rights and remedies in subsections (2) and (3) 
of this section. 
(2) A person to whom subsection (1) of this section applies­
(a) Has the same rights and remedies against a person 
referred to in subsection (3) of this section as a 
copyright owner has in respect of an infringement of 
copyright; and 
(b) Has the same rights under section 122 or section 132 of 
this Act in relation to any apparatus or device (of the 
kind referred to in subsection (3) (a) of this section) as 
a copyright owner has in relation to an infringing 
copy. 
(3) The person referred to in subsection (2) of this section is a 
person who- . 
(a) Makes, imports, sells, or lets for hire any apparatus or 
device designed or adapted to enable or assist persons 
to receive the programmes or other transmissions 
when they are not entitled to do so; or 
(b) Publishes any information that is calculated to enable or 
assist persons to receive the programmes or other 
transmissions when they are not entitled to do so. 
(4) In section 12 1 (1) of this Act as it applies to proceedings 
for infringement of the rights conferred by this section, the 
reference to the defendant not knowing or having reason to 
believe that copyright existed in the work shall be construed as 
a reference to not knowing or having reason to believe that the 
acts complained of infringed the rights conferred by this 
section. IP/N/lINZL/C/1 
Page 156 
1994, No. 143 Copyright 155 
(5) Section 134 of this Act applies, with all necessary 
Illodifications, in relation to the disposal of anything delivered 
up under subsection (2) (b) of this section. 
Cf. Copyright, Designs and Patents Act 1988, s. 298 (U.K.) 
Other Countries 
229. Suppletnentary provisions as to fraudulent 
reception-( 1) The Governor-General Illay froIll time to tiIlle, 
by Order in Council,-
(a) Provide that section 227 of this Act applies in relation to 
programmes included in services provided from a 
country or territory outside New Zealand; and 
(b) Provide that section 228 of this Act applies in relation to 
such programmes and to encrypted transmissions 
sent from such a country or territory. 
(2) No such order shall be made unless it appears to the 
Governor-General that provision has been or will be made 
under the laws of that country or territory giving adequate 
protection to persons Illaking charges for programmes included 
in broadcasting services or cable programme services provided 
froIll New Zealand or, as the case Illay be, for encrypted 
transITIissions sent from New Zealand. 
(3) Where sections 227 and 228 of this Act apply in relation 
to a broadcasting service or cable programme service, they also 
apply to any service run for the person providing that service, 
or a person providing prograIllmes for that service, where the 
service so run consists wholly or mainly in the sending by 
means of a telecommunications systeIll of sounds or visual 
iIllages, or both. 
Cf. Copyright, Designs and Patents Act 1988, s. 29~ (U.K.) 
280. Application to Convention countries-( 1) Subject 
to subsection (2) of this section, the provisions of this Act, other 
than the provisions of Part IX of this Act, shall-
(a) Apply in relation to persons who are citizens or subjects of 
any Convention country or are domiciled or resident 
there, as they apply in relation to persons who are 
New Zealand citizens or are domiciled or resident in 
New Zealand: 
(b) Apply in relation to bodies incorporated under the law of 
any Convention country as they apply in relation to 
bodies incorporated under the law of New Zealand: 156 Copyright IP/N/lINZL/C/1 
Page 157 
1994, No. 143 
(c) Apply in relation to works first published in any 
Convention country as they apply in relation to works 
first published in New Zealand: 
(d) Apply in relation to broadcasts made from, or cable 
programmes sent from, any Convention country as 
they apply in relation to broadcasts made from, or 
cable programmes sent from, New Zealand,-
until the close of the 31 st day of December 1995 or, in relation 
to any particular Convention country, the coming into force in 
respect of that Convention country of an Order in Council 
made under section 232 of this Act, whichever is the earlier. 
(2) For the avoidance of doubt, it is hereby declared that 
subsection (1) of this section applies, in relation to a state of 
affairs or an action referred to in that subsection as existing or 
taking place in a Convention country, whether or not the 
country in which the state of affairs existed or the action was 
taken was, at the time the state of affairs existed or the action 
was taken, a Convention country. 
(3) No provision of this Act shall apply, pursuant to 
subsection ( 1) of this section, to a work made before the 
commencement of this Act unless-
(a) Copyright existed in the work under the Copyright Act 
1962 inunediately before the commencement of this 
Act; or 
(b) The work enjoyed protection in the nature of copyright in 
any Convention country and, at the commencement 
of this Act, the term of that protection had not 
expired; or 
(c) The work was first published in a Convention country. 
281. Expenditure or liability incurred in connection 
with copyright work-( 1) This section applies in any case 
where-
(a) A work was made before the commencement of this Act; 
and 
(b) Copyright did not exist in the work under the Copyright 
Act 1962 when the work was made; and 
(c) On the commencement of this Act, copyright exists in the 
work pursuant to section 230 of this Act. 
(2) Where, in any case to which subsection (1) of this section 
applies, a person incurred any expenditure or liability relating 
to an act that, at the time the act was done, was not an act 
restricted by copyright in the work, the person does not do an 
act restricted by copyright by doing, or continuing to do, that 
act in respect of the work when copyright exists in the work. IP/N/lINZL/C/l 
Page 158 
1994, No. 143 Copyright 157 
(3) Notwithstanding subsection (2) of this section, an act that 
under that subsection is not an act restricted by copyright when 
copyright exists in the work may become an act restricted by 
copyright if the owner of the copyright or his or her exclusive 
licensee (if any) pays the person such compensation for the 
person's expenditure or liability as ll1ay be agreed upon or, in 
default of agreell1ent, as shall be determined by arbitration in 
accordance with the provisions of the Arbitration Act 1908. 
282. Application to Convention and other countries­
(1) The Governor-General may froll1 time to till1e, by Order in 
Council, apply in relation to any country (other than New 
Zealand) any of the provisions of this Act specified in the order, 
other than the provisions of Part IX of this Act. 
(2) Subject to subsection (1) of this section, an Order in 
Council ll1ade under this section ll1ay apply in relation to a 
coun.try any of the provisions of this Act so that the 
provlslons-
(a) Apply in relation to persons who are citizens or subjects of 
that country or are dOll1iciled or resident there, as 
they apply in relation to persons who are New 
Zealand citizens or are dollliciled or resident in New 
Zealand: 
(b) Apply in relation to bodies incorporated under the law of 
that country as they apply in relation to bodies 
incorporated under the law of New Zealand: 
(c) Apply in relation to works first published in that country 
as they apply in relation to works first published in 
New Zealand: . 
(d) Apply in relation to broadcasts ll1ade froll1, or cable 
programmes sent froll1, that country as they apply in 
relation to broadcasts ll1ade from, or cable 
prograIllIlles sent froIll, New Zealand. 
(3) Subject to subsection (1) of this section, an Order in 
Council Illade under this section Illay ll1ake provision for all or 
any of the matters ll1entioned in subsection (2) of this section 
and may-
(a) Apply any provisions of this Act subject to such 
exceptions and modifications as are specified in the 
order; and 
(b) Direct that any provisions of this Act apply either 
generally or in relation to such classes of-works, or 
other classes of cases, as are specified in the order. 
(4) Except in the case of a Convention country, the Governor­
General shall not make an Order in Council under this section 158 Copyright IP/N/1/NZL/C/1 
Page 159 
1994, No. 143 
in relation to a country unless satisfied that provision has been 
or will be made under the law of that country, in respect of the 
class of work to which the order relates, giving adequate 
protection to copyright owners under this Act. 
( 5) An Order in Council under this section may be so made as 
to apply generally to a country, or to any territories for whose 
international relations the Governrnent of that country is 
responsible, or to the country exclusive of all or any SllCh 
territories. 
(6) Where-
(a) An unpublished work is of unknown authorship but there 
are reasonable grounds to suppose that the author of 
the work was at the material tirne a citizen or subject 
of a country other than New Zealand or domiciled or 
resident in a country other than New Zealand; and 
(b) Provision has been made in an Order in Council rnade 
under this section for applying any of the provisions 
of this Act in relation to persons who are citizens or 
subjects of that other country or are domiciled or 
resident there; and 
(c) Under the law of that other country a person is authorised 
to represent the author, or to protect and enforce the 
rights of the author in relation to that work,-
the person so authorised shall be treated as if he or she were 
the author of the work for the purposes of the application of 
any provisions of this Act pursuant to the order. 
Cf. Copyright, Designs and Patents Act 1988, ss. 159, 208 
(U.K.); Copyright Act 1968, s. 184 (Aust.); 1962, No. 33, 
s.49 
283. Denial of copyright to persons connected with 
countries not giving adequate protection to New Zealand 
works-( 1) Whenever it appears to the Governor-General that 
the law of a country, other than a Convention country, fails to 
give adequate protection to copyright in New Zealand works, or 
to one or more classes of such works, the Governor-General 
rnay by Order in Council rnake provision in accordance with 
this section restricting the rights conferred by this Act in 
relation to that country. 
(2) An Order in Council made under this section shall 
designate the country concerned and provide that, for the 
purposes specified in the order, works first published after a 
date specified in the order shall not be treated as qualifying for 
copyright by virtue of such publication if at that time the 
authors are-IP/N/1/NZL/C/1 
Page 160 
1994, No. 143 Copyright 159 
(a) Citizens or subjects of that country (not domiciled or 
resident in New Zealand); or 
(b) Bodies incorporated under the law of that country;­
and the order may make such provision for all purposes of this 
Act or for such purposes as are specified in the order, and 
either generally or in relation to such classes of cases as are 
specified in the order, having regard to the nature and extent 
of the failure referred to in subsection (1) of this section. 
(3) An Order in Council under this section may be so made as 
to apply generally to a country, or to any territories for whose 
international relations the Government of that country is 
responsible, or to the country exclusive of all or any such 
territories. 
( 4) In this section,-
"New Zealand works" means works of which the author 
was at the material time a person to whom section 18 
of this Act applied: 
"Works" means literary, dramatic, musical, and artistic 
works, sound recordings, and films. 
Cf. Copyright, Designs and Patents Act 1988, s. 160 (U.K.); 
Copyright Act 1968, s. 185 (Aust.); 1962, No. 33, s.51 
284. Regulations-The Governor-General may froIn tiIne 
to tiIne, by Order in Council, make regulations for all or any of 
the following purposes: 
(a) Prescribing a body as a judicial body for the purposes of 
this Act: 
(b) Prescribing classes of libraries for the purposes of 
section 50 of this Act: 
(c) Prescribing institutions for the purposes of section 11 7 of 
this Act: 
(d) Prescribing bodies for the purposes of section 69 or 
section 72 or section 89 or section 90 or section 185 
or section 1 90 or section 1 91 of this Act: 
(e) Prescribing classes of broadcasts or cable programInes for 
the purposes of section 90 or section 191 of this Act: 
(f) Prescribing the form in which a notice is to be given under 
section 136 (1) of this Act: 
(g) Prescribing the particulars to be contained in a notice 
given under section 136 (1) of this Act: 
(h) Requiring a person giving a notice under section 136 (1) of 
this Act, either at the time of giving the notice or 
subsequently, to furnish evidence in support of the 
claim that an iteIn is a work in which the person owns 
the copyright: 160 Copyright IP/N/lINZL/C/1 
Page 161 
1994, No. 143 
(i) Requiring-
(i) A person giving a notice under section 136 (1) of 
this Act, either at the time of giving the notice or 
subsequently; or 
(ii) Alerson to whom an item is to be or has been 
release from detention under section 140 (1) of this 
Act-
to give security or an indemnity, or both, to such 
persons, of such amount, and on such terms and 
conditions as may be determined by the Comptroller: 
0) Providing for exceptions to any requirelllent to give 
security or an indemnity imfosed by any regulations 
lllade under paragraph (i) 0 this section: 
(k) Providing for the disposition of any security given under 
any regulations lllade under paragraph (i) of this 
section: 
(1) Providing for the forfeiture to the claimant, by consent, of 
an itelll detained under section 140 (1) of this Act: 
(m) Prescribing a fee for the purposes of section 144 (2) (c) of 
this Act: 
(n) Imposing requirements in respect of licensing bodies or 
any specified class or classes of licensing body or any 
specified licensing body, in relation to all or any of 
the following matters: 
(i) The contents of the constitution or other form of 
rules of the licensing body or bodies: 
(ii) The representation of copyright owners in the 
managelllent of the licensing body or bodies: 
(iii) The collection, holding, and distribution of 
llloney by the licensing body or bodies: 
(iv) The disclosure of the financial affairs of the 
licensing body or bodies: 
(v) Access to, and disclosure of, records held by the 
licensing body or bodies: 
(vi) Any other matter relating to the conduct or the 
operation of the licensing body or bodies: 
(0) Authorising, subject to such conditions as may be 
specified in the regulations, the rental to the public of 
copies of-
(i) Any specified class or classes of computer 
programs; or 
(ii) Any specified class or classes of sound 
recordings; or IP/N/1/NZL/C/1 
Page 162 
1994, No. 143 Copyright 161 
(iii) Any fihn or specified class or classes of films,­
without the consent of the owner of the copyright in 
the work: 
(p) Regulating the making, importation, sale, hire, or use of 
decoding equipment: 
(q) Prescribing offences in respect of the contravention of or 
non-compliance with any provision of any regulations 
made under paragraph (p) of this section, and 
prescribing fines, not exceeding $5,000, that may, on 
summary conviction, be imposed in respect of any 
such offences: 
(r) Providing for such matters as are contemplated by or 
necessary for giving full effect to this Act and for its 
due administration. 
Cf. 1962, No. 33, ss. 29 (4), (5), 66 
Transitional Provisions and Savings 
285. Transitional provIsIons and savings-The 
transitional provisions in the First Schedule to this Act shall 
have effect for the purposes of this Act. 
ef. 1962, No. 33, s. 68 (1) 
286. Consequential atnendtnents and repeals-( 1) The 
enactments specified in the Second Schedule to this Act are 
hereby amended in the manner indicated in that Schedule. 
(2) The enactments specified in the Third Schedule to this 
Act are hereby repealed. 
(3) The regulations specified in the Fourth Schedule to this 
Act are hereby revoked. 162 
Section 235 Copyright 
SCHEDULES 
FIRST SCHEDULE 
TRANSITIONAL PROVISIONS AND SAVINGS IP/N/lINZL/C/1 
Page 163 
1994, No. 143 
1. Interpretation-( 1) In this Schedule, unless the context otherwise 
requires,-
"The 1913 Act" means the Copyright Act 1913: 
"The 1962 Act" means the Copyright Act 1962: 
"The 1985 Amendment" means the Copyright Amendment Act 1985: 
"The new copyright provisions" means the provisions of this Act: 
"Work" means,-
(a) In relation to the 1913 Act, any thing recognised by that 
Act as a subject of copyright; and 
(b) In relation to the 1962 Act, any thing recognised by that 
Act as a subject of copyright. 
(2) References in this Schedule to "commencement", without more, are 
to the date on which the new copyright provisions come into force. 
(3) For the purposes of this Schedule, a work of which the making 
extended over a period shall be taken to have been made when its making 
was completed. 
(4) Unless the context otherwise requires, provisions of the 1913 Act or 
the 1962 Act referred to in this Schedule shall be taken as continuing in 
force for the purposes of this Schedule, notwithstanding the repeal of the 
1913 Act and the 1962 Act. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, paras. 1, 
2 (1) (U.K.); 1962, No. 33, First Schedule, 47 (2) 
2. Continuity of the law-(l) A reference in an enactment, instrument, 
or other document to copyright that, apart from this Act, would be 
construed as referring to copyright under the 1962 Act or any 
corresponding earlier enactment, shall be construed, so far as may be 
required for continuing its effect, as being, or as the case may require 
including, a reference to copyright under this Act. 
(2) A reference in an enactment, instrument, or other document to a 
work in which copyright exists that, apart from this Act, would be 
construed as referring to a work in which copyright exists under the 1962 
Act or any corresponding earlier enactment, shall be construed, so far as 
may be required for continuing its effect, as being, or as the case may 
require including, a reference to a work in which copyright exists under 
this Act. 
(3) Express or implied references in this Act or any other enactment, 
instrument, or document to any of the new copyright provisions shall, so 
far as the context permits, be construed as including, in relation to times, 
circumstances, and purposes before commencement, a reference to 
corresponding earlier provisions. 
(4) An express or implied reference in an instrument or other document 
to a provision repealed by this Act shall be construed, so far as may be 
required for continuing its effect, as a reference to the corresponding 
provision of this Act. IP/N/1/NZL/C/1 
Page 164 
1994, No. 143 Copyright 
FIRST SCHEDULE-continued 
TRANSITIONAL PROVISIONS AND SAVINGS-continued 163 
(5) The rrovisions of this clause have effect subject to any specific 
transitiona and savings provision and to any express amendment made by 
this Act. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 4 (2), 
(4)-(6) (U.K.); 1962, No. 33, First Schedule, clause 46 (1) (a), (b) 
8. Copyright under new copyright provisions in works in which 
copyright exists at cotntnencetnent-( 1) Copyright exists under the new 
copyright provisions in any work in which copyright existed immediately 
before commencement. 
(2) For the purposes of subclause (1) of this clause, a work in which 
copyright existed immediately before commencement includes a work in 
which a right was conferred by section 32 of the 1913 Act in substitution 
for a right existing immediately before the commencement of the 1 913 
Act. 
(3) Where copyright exists under the new copyright provisions in a work 
in which copyright existed immediately before commencement, the 
copyright in that work under the new provisions is subject to any 
modifications made by the provisions of this Schedule. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, paras. 
2 (2) (a), 5 (1) (U.K.); 1962, No. 33, First Schedule, clause 38 (2) 
4. Application of new copyright provisions to works in which 
coprr~ght exists at cotntnencetnent-( 1) The new copyright 
provlslons-
(a) Apply to any work in which copyright existed immediately before 
commencement; and 
(b) Are deemed to be satisfied, so far as they relate to qualification for 
copyright, by every work in which copyright existed immediately 
before commencement. 
(2) For the purposes of subclause (1) of this clause, a work in which 
copyright existed immediately before commencement includes a work in 
which a right was conferred by section 32 of the 1913 Act in substitution 
for a right existing immediately before the commencement of the 1913 
Act. 
(3) Where the new copyright provisions apply to a work in which 
copyright existed immediately before commencement, the new copyright 
provisions are subject, in their application to that work, to any 
modifications made by the provisions of this Schedule. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, paras. 3, 35 
(U.K.); 1962, No. 33, First Schedule, clauses 38 (2),47 (1) 
5. Works 'tnay qualify under new copyright provisions-(I) Subject 
to subclause (2) of this clause, a work made before commencement may 
qualify for copyright after commencement-
(a) Under section 1 9 of this Act; or 
(b) Under section 230 of this Act; or 
(c) Under an Order in Council made under section 232 of this Act. 
(2) A work first published in New Zealand before the 1st day of April 
1963 does not qualify for copyright under section 19 (1) (a) of this Act if the 164 Copyright IP/NIlINZL/CI 1 
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work was published elsewhere more than 14 days before the publication in 
New Zealand. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 5 (2) 
(U.K.); 1962, No. 33, First Schedule, clause 2 (1) 
6. No copyright under new copyright provisions in certain 
works-( 1) No copyright exists, under the new copyright provisions, in the 
following works: 
(a) A film, within the meaning of this Act, made before the 1st day of 
April 1963: 
(b) A broadcast made before the 1st day of April 1963: 
(c) The typographical arrangement of a published edition made before 
the 1 st day of April 1963. 
(2) Section 28 of this Act does not confer copyright on a work that was, 
before the 1st day of April 1963, made by an officer or employee of, or 
published by, an international organisation to which that section applies. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, paras. 7 (1), 
9 (U.K.); 1962, No. 33, First Schedule, clauses 14, 17, 20, 33 
Interpretation Provisions 
7. Meaning of "author"-The question of authorship of a work made 
before commencement shall be determined in accordance with-
(a) Clause 11 (3) (b) of this Schedule in relation to a sound-track 
associated with a cinematograph film within the meaning of the 
1962 Act: 
(b) Clause 12 (1) of this Schedule in relation to a film made before the 1 st 
day of April 1963: 
(c) The new copyright provisions for the purposes of the rights conferred 
by Part IV of this Act: 
(d) The law in force at the time the work was made, for all other works 
and purposes. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, 
para. 10 (U.K.) 
8. Meaning of ~~issue to the public"-( 1) Subsections (2) and (3) of 
section 9 of this Act do. not apply in relat~on to a copy of a computer 
program, sound recordmg, or film acqUIred by any person before 
commencement for the purpose of renting the copy to the public. 
(2) In subclause (1) of this clause,-
"Film" includes a film that was an original dramatic work within the 
meaning of the 1 913 Act: 
"Sound recording" includes a contrivance of the kind to which 
section 25 of the 1 913 Act applied. 
C£ Copyright, Designs and Patents Act 1988, Schedule 1, paras. 
2 (2) (b), 14 (2) (U.K.) 
9. Meaning of ~~publication"-Section 10 (2) of this Act applies only 
where the construction of the building began after commencement. 
C£ Copyright, Designs and Patents Act 1988, Schedule 1, para. 45 
(U.K.) IP/N/lINZL/C/1 
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1994, No. 143 Copyright 
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10. Meaning of "infringing copy"-For the purposes of section 12 of 
this Act, the question of whether the making of an object constituted an 
infringement of copyright, or would have constituted an infringement of 
copyright had the object been made in New Zealand, shall be 
determined, -
(a) In relation to an object made on or after the 1 st day of April 1963 
and before commencement, by reference to the provisions of the 
1962 Act: 
(b) In relation to an object made before the 1 st day of April 1963, by 
reference to the provisions of the 1 913 Act. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 14 (3) 
(U.K.) 
Description of Copyright 
11. Sound-tracks to be treated as sound recordings-( 1 ) In this 
clause,-
"Cinematograph film" or "film" has the meaning that 
"cinematograph fihn" had in the 1962 Act: 
"Sound recording" has the meaning it has in this Act. 
(2) A sound-track associated with a cinematograph film, being a sound­
track to which the 1962 Act applied before comIllenceIllent, shall be 
treated for the purposes of the new copyright provisions not as part of the 
film, but as a sound recording. 
(3) The following provisions apply to a sound-track treated as a sound 
recording under subclause (2) of this clause: 
(a) Copyright exists in the sound recording only if copyright existed in 
the film iIllmediately before commencement, and it continues to 
exist until copyright in the film expires: 
(b) The author and first owner of copyright in the filIll shall be treated as 
the author and first owner of the copyright in the sound 
recording: 
(c) Anything done before commenceIllent under or in relation to the 
copyright in the filll1 continues to have effect in relation to the 
sound recording. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 8 
(U.K.) 
12. Filtns-( 1) The new copyright provisions have effect in relation to a 
film-
(a) That was made before the 1st day of April 1963; and 
(b) That was an original draIllatic work within the meaning of the 1 913 
Act-
as if it were an original drall1atic work within the Illeaning of the new 
copyright provisions, except that the person who was the author of the 
work for the purposes of the 1 913 Act shall be taken to be the author for 
the purposes of the new copyright provisions. 
(2) The new copyright provisions in relation to photographs apply in 
relation to photographs fOrllling part of a film-
(a) That was made before the 1st day of April 1963; and 166 Copyright IP/NIlINZL/CI 1 
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(b) That was an original dramatic work within the meaning of the 1 913 
Act. 
Cr. Copyright, Designs and Patents Act 1988, Schedule 1, para. 7 (2), 
(3) (U.K.); 1962, No. 33, First Schedule, clauses 15, 16 
Acts Restricted by Copyright 
IS. Certain drarrlatic or D1usical works published before 1 April 
1914-(1) Where-
(a) A dramatic or musical work was published before the 1 st day of April 
1914; and 
(b) The copyright that existed immediately before commencem.ent 
(being the right conferred by section 32 of the 1 913 Act in 
substitution for a right existing immediately before the 
commencement of the 1913 Act) did not include the sole right to 
perform the work in public,-
the acts restricted by the copyright under the new copyright provisions 
shall be treated as not including-
(c) Performing the work in public: 
(d) Broadcasting the work or including it in a cable programme: 
(e) Doing any of the above in relation to an adaptation of the work. 
(2) Where-
(a) A dramatic or musical work was published before the 1st day of April 
1914; and 
(b) The copyright that existed immediately before commencement 
(being the right conferred by section 32 of the 1913 Act in 
substitution for a right existing im.mediately before the 
commencement of the 1913 Act) consisted only of the sole right 
to perform the work in public,-
the acts restricted by the copyright under the new copyright provisions 
shall be treated as consisting only of the acts of-
(c) Performing the work in public: 
(d) Broadcasting the work or including it in a cable programme: 
(e) Doing any of the above in relation to an adaptation of the work. 
C[ Copyright, Designs and Patents Act 1988, Schedule 1, para. 1 7 
(U.K.); 1962, No. 33, First Schedule, clauses 38, 40 
Ownership of Copyright 
14. First ownership-The question of first ownership of copyright in a 
work made before commencement shall be determined in accordance with 
the law in force at the time the work was made. 
C[ Copyright, Designs and Patents Act 1988, Schedule 1, para. 11 (1) 
(U.K.) 
15. Certain literary works D1ade before 1 April 1965-Where a 
literary work-
(a) Was made before the 1st day of April 1963; and 
(b) Was made in the course of the author's employment;-
the ownership of copyright in the work, under section 8 (1 ) (b) of the 1 913 
Act, by the person by whom the author was employed shall be subject to a 
right in the author to restrain the publication of the work otherwise than IP/N/lINZL/C/1 
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as part of a newspaper, magazine, or similar periodical (being the right 
referred to in paragraph (b) of the proviso to section 8 (1) of the 1913 Act). 
Cf. 1962, No. 33, First Schedule, clause 7 (2) 
16. Certain literary works published before I April 1914-Where a 
literary work-
(a) Was published before the 1st day of April 1914; and 
(b) Consists of an essay, article, or portion forming part of and first 
published in a review, magazine, or other periodical or work of a 
like nature,-
any copyright in that work under the new copyright provisions is subject 
to the right of the author to publish the essay, article, or portion in a 
separate form at the end of the period of 28 years from its first publication 
in a review, magazine, or other periodical or work of a like nature (being 
the right referred to in section 18 of the Copyright Act 1842 (U.K.)). 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 18 
(U.K.); 1962, No. 33, First Schedule, clause 41 
Duration of Copyright 
17. Duration of copyright in works generally-(l) In this clause,­
"Dramatic work" includes a film of the kind to which the definition of 
"dramatic work" in section 2 (1) of the 1913 Act applied: 
"Generated by computer", 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: 
"Sound recording" includes a contrivance of the kind to which 
section 2 5 of the 1 913 Act applied. 
(2) In relation to-
(a) A literary, dramatic, musical, or artistic work that was generated by 
computer before commencement, section 22 (2) of this Act 
applies; and 
(b) A literary, dramatic, musical, or artistic work (other than a 
photograph) of joint authorship published before the 1 st day of 
April 1963, the period of the copyright is the longer of the 
periods of-
(i) The life of the author who died first and a term pf 50 years 
after his or her death; and . 
(ii) The life of the author who died last; and 
(c) A literary, dramatic, musical, or artistic work (other than a 
photograph) of joint authorship made before commencement 
but not published before the 1 st day of April 1963, section 22 (6) 
of this Act applies; and 
(d) A work of unknown authorship, being a literary, dramatic, musical, 
or artistic work (other than a photograph),-
(i) If the work was pUblished before commencement, 
subsections (3) to (5) of section 22 of this Act apply; and 
(ii) If the work was unpublished before corn.rnencement, 
copyright exists until the end of the period of 50 years from the 
end of the calendar year in which the new copyright provisions 
come into force or, if during that period the work is first made 
available to the public within the meaning of subsection (4) of 168 Copyright IP/N/1/NZL/C/1 
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section 22 of this Act, the date on which copyright expires under 
subsection (3) of that section; and 
(e) A literary, dramatic, musical, or artistic work made before 
commencement, other than a work to which paragraphs (a) to (d) 
of this subclause or clause 18 or clause 19 of this Schedule 
applies, section 22 (1) of this Act applies. 
(3) If, in any case to which subclause (2) (d) (ii) of this clause applies, the 
identity of the author becomes known before the date on which the 
copyright would otherwise have expired, copyright expires in accordance 
with section 22 (1) of this Act. 
(4) In relation to-
( a) A sound recording made before commencement, section 23 (I) of this 
Act applies; and 
(b) A cinematograph film, within the meaning of the 1962 Act, made on 
or after the 1st day of April 1963 and before the commencement, 
section 23 (1) of this Act applies; and 
(c) A broadcast made-
(i) On or after the 1 st day of April 1963 and before 
commencement, section 24 (1) of this Act applies: 
(ii) Before the 1 st day of April 1963, section 24 (2) of this Act 
applies as if such a broadcast had not been made; and 
(d) The typographical arrangement of any published edition made on or 
after the 1st day of April 1963 and before commencement, 
section 25 of this Act applies; and 
(e) A work made by or under the direction or control of the Crown 
before commencement (other than a work to which section 27 of 
the Act applies), section 26 (3) of this Act applies; and 
(f) A work that was, on or after the 1 st day of April 1963 and before 
commencement, made by an officer or empfoyee of, or published 
by, an international organisation to which section 28 of this Act 
applies, section 28 (2) of this Act applies. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, paras. 9, 
12 (3), (6) (U.K.); 1962, No. 33, First Schedule, clause 11 
18. Duration of copyright in certain works made on or after 
1 April 1968 and before cOlTlrnencement-(I) In relation to a literary, 
dramatic, musical, or artistic work (other than a photograph)-
(a) Made on or after the 1st day of April 1963 and before 
commencement; and 
(b) The author of which died before commencement; and 
(c) That was not, after the death of the author and before 
commencement, published or perfonned in public or included in 
a broadcast, or offered for sale to the public on a record,­
copyright exists until the end of the period of 75 years from the end of the 
calendar year in which the author died. 
(2) In relation to a literary, dramatic, musical, or artistic work (other 
than a photograph)-
(a) Made on or after the 1st day of April 1963 and before 
commencement; and 
(b) The author of which died before commencement; and IP/N/lINZL/C/1 
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1994, No. 143 Copyright 
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(c) That was, after the death of the author and before commencement, 
published or perfonned in public or included in a broadcast, or 
offered for sale to the public on a record,-
copyright exists until the expiry of the shorter of the following periods: 
(d) 50 years from the end of the calendar year in which an act referred 
to in paragraph (c) of this subclause was first done: 
(e) 75 years from the end of the calendar year in which the author died. 
Cr. 1962, No. 33, s. 8 (1) (b) 
19. Duration of copyright in certain works made before 1 April 
1968-In relation to a literary, dramatic, or musical work or an 
engraving-
(a) Made before the 1 st day of April 1963; and 
(b) The author of which died before the 1st day of April 1963; and 
(c) In which copyright existed immediately before the death of the 
author or, where the work was of joint authorship, at or before 
the death of the author who died last; and 
(d) Being a literary, dramatic, or musical work or an engraving that was 
published, or being a dramatic or musical work that was 
performed in public, or being a lecture that was delivered in 
public after the death of the author and before the 1 st day of 
April 1963,-
copyright exists until the end of the period of 50 years from the end of the 
year that includes the earliest occasion on which the work,-
(e) Being a literary, dramatic, or musical work or an engraving, was 
published; or 
(f) Being a dramatic or musical work, was performed in public; or 
(g) Being a lecture, was delivered in public. 
Cr. 1962, No. 33, First Schedule, clause 6 
Crown Copyright 
20. Crown copyright-The provisions of section 26 of this Act apply to 
a work made before commencement if-
(a) Section 52 of the 1962 Act applied to the work immediately before 
commencement; and 
(b) The work is not one to which section 27 of this Act applies. 
Cr. Copyright, Designs and Patents Act 1988, Schedule 1, para. 40 
(U.K.) 
Infringement l!f Copyright 
21. Acts done before cOIIlIIlenceIIlent-The provisions of the 1962 
Act that specify acts constituting infringements of copyright continue to 
apply in relation to acts done before commencement. 
Cr. Copyright, Designs and Patents Act 1988, Schedule 1, para. 14 (1) 
(U.K.) 170 Copyright IP/N/l/NZL/C/l 
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22. Acts done after cotntnencetnent-The provisions of this Act that 
specify acts constituting infringements of copyright apply only in relation 
to acts done after commencement. 
Cr. Copyright, Designs and Patents Act 1988, Schedule 1, para. 14 (1) 
(U.K.) 
28. Infringetnent by issue of copies to public-(I) Where a person 
gave the notice required under the proviso to section 6 of the 1913 Act 
before the repeal of that section, that proviso and section 22 (1) of the 1 913 
Act shall, in relation to copies of the relevant work made by that person 
after commencement, have effect as if that proviso and section 22 (1) had 
been re-enacted in this Act as a proviso to section 31 of this Act. 
(2) For the purposes of the operation of the proviso to section 6 of the 
1913 Act,-
(a) Any regulations made before the repeal of that section shall have 
effect as if they had been made under this Act; and 
(b) The power of the Governor-General in Council to make further 
regulations under that section shall apply as if the proviso had 
been re-enacted in this Act as a proviso to section 31 of this Act. 
Cf. 1962, No. 33, First Schedule, clause 10 
24. ID1porting infringing copy-For the purposes of section 35 of this 
Act, if a person knows or has reason to believe that an object made before 
commencenlent and imported by that person into New Zealand after 
commencement would have been an infringing copy if the question had 
fallen to be determined under the provisions of the 1962 Act or, as the case 
may be, the 1913 Act, that person shall be deemed to know or to have 
reason to believe that the object is an infringing copy under this Act. 
Cf. 1962, No. 33, First Schedule, clauses 8, 21 
Acts Permitted in Relation to Copyright Works 
25. Incidental copying of copyright work-Where the acts described 
in section 4 1 (1) (b) or (c) of this Act are done after commencement, it shall 
be assumed that all the provisions of section 4 1 of this Act were in force at 
all material times. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 14 (4) 
(U.K.) 
26. Acts pennitted on assuD1ptions as to expiry of copyright or 
death of author in relation to anonytnous or pseudonyntous 
works-Section 67 (1 ) (b) (ii) of this Act applies--
(a) To a work of unknown authorship that was unpublished before 
commencement, being a literary, dramatic, musical, or artistic 
work (other than a photograph), only after the end of the period 
of 50 years from the end of the calendar year in which the new 
copyright provisions come into force; and 
(b) To a work referred to in clause 17 of this Schedule, if the work is one 
to which, under that clause, a section of this Act applies. 
Cr. Copyright, Designs and Patents Act 1988, Schedule 1, para. 15 (3) 
(U.K.) IP/N/lINZL/C/l 
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27. Representation of certain artistic works on public display­
Where the acts described in section 73 (3) of this Act are done after 
commencement, it shall be assumed that all the provisions of section 73 of 
this Act were in force at all material times. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 14 (4) 
(U.K.) 
Special Exceptions from Protection of A rtistic Works that have been Applied 
Industrially 
28. Artistic works D1ade before 1 April 1968-(1) No copyright exists 
in an artistic work that-
(a) Was made before the 1st day of April 1963; and 
(b) At the time when the work was made, constituted a design capable of 
registration under the Designs Act 1953 or under the enactments 
repealed by that Act; and 
(c) Has been used as a model or pattern to be multiplied by an industrial 
process or is intended to be so used. 
(2) For the purposes of subclause (1) (c) of this clause, a design shall be 
deemed to have been used, or to be intended to be used, as a model or 
pattern to be multiplied by any industrial process-
(a) When the design is copied or is intended to be copied on more than 
50 single objects, unless all the objects in which the design is 
copied or intended to be copied together form only a single set 
of articles as defined in section 2 (1) of the Designs Act 1953; or 
(b) When the design is applied to, or is intended to be applied to,­
(i) Printed paper hangings; or 
(ii) Carpets, ftoorcloths, or oilcloths, manufactured or sold m 
lengths or pieces; or 
(iii) Textile-piece goods, or textile goods manufactured or sold 
in lengths or pieces; or 
(iv) Lace, not made by hand. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 6 
(U.K.); 1962, No. 33, First Schedule, clause 9 
29. Literary and artistic works D1ade on or after 1 April 1968-
( I) Nothing in section 74 (1) of this Act shall apply to or affect-
(a) The settlement of any action or claim made before the 
commencement of the 1985 Amendment; or 
(b) Any proceedings completed before the commencement of the 1985 
Amendment; or 
(c) Any proceedings instituted or commenced before the 
commencement of the 1985 Amendment in which the trial of the 
substantive matters in issue had commenced on or before that 
commencement. 
(2) Where, at cOIllmencement, a copy of a literary or artistic work exists, 
and the making of that copy is excluded by section 74 (2) of this Act from 
being authorised by section 74 (1) of this Act, that copy is not an infringing 
object for the purposes of this Act. 
(3) Where, at commencement, a copy of an artistic work exists, and the 
making of that copy is excluded by section 75 (3) of this Act from being 172 Copyright IP/N/lINZL/C/1 
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TRANSITIONAL PROVISIONS AND SAVINGS-continued 
authorised by section 75 (1) of this Act, that copy is not an infringing 
object for the purposes of this Act. 
(4) Where-
(a) An object or reproduction made pursuant to section 20B of the 1962 
Act exists at commencement; and 
(b) That object is a copy in 3 dimensions of­
(i) A work of artistic craftsmanship; or 
(ii) A sculpture that is not a cast or pattern for an object that 
has a primarily utilitarian function; or 
(ill) A work of architecture, being a building or a model for a 
building;-
and that reproduction is a reproduction in 2 dimensions 
reasonably required for the making of the object,-
that object or copy is not an infringing object for the purposes of this Act. 
Cf. 1985, No. 134, s. 4 (3) 
80. Models :made before the co:m:mence:ment of the 1985 
Atnend:ment-Copyright does not exist by virtue of any amendment 
ITIade to the 1962 Act by the 1985 Amendment in any Illodel made before 
the COITIITIenCeIllent of the 1985 Amendment. 
Cf. 1985, No.134, s. 10 
81. Reconstruction of buildings-In section 78 of this Act, the 
reference to the owner of the copyright in the drawings or plans is, in 
relation to buildings constructed before commencement, to the person 
who at the time of the construction was the owner of the copyright in the 
drawings or plans under the 1962 Act, the 1913 Act, or any enactment 
repealed by the 1913 Act. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 14 (7) 
(U.K.); 1962, No. 33, First Schedule, clause 23 (2) 
82. Incidental recording for purposes of broadcast or cable 
progra:rn:me-Section 85 of this Act does not apply where the authority to 
broadcast a work or include it in a cable prograITIITIe was given before the 
1st day of April 1963. 
Cf. 1962, No. 33, First Schedule, clause 22 
Moral Rights 
88. Moral rights-( 1) No act done before COIllmenCeITIent is actionable 
under any provision of Part IV of this Act. 
(2) Section 62 of the 1962 Act continues to apply in relation to acts done 
on or after the 1st day of April 1963 and before commencement. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 22 
(U.K.); 1962, No. 33, First Schedule, clause 37 
84. Application of lDoral rights-( 1) Subject to subclause (5) of this 
clause, the following provisions of this clause have effect in relation to­
(a) The rights conferred by section 94 of this Act; and 
(b) The rights conferred by section 98 of this Act. 
(2) The rights described in subclause (1) of this clause do not apply-IP/NIlINZL/CI1 
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(a) In relation to a literary, dramatic, musical, or artistic work of which 
the author died before commencement; or 
(b) In relation to a film made before commencement. 
(3) The rights described in subclause (1) of this clause in relation to a 
literary, dramatic, musical, or artistic work made before commencement 
do not apply,-
(a) Where copyright first vested in the author, to anything that by virtue 
of an assignment of copyright made or licence granted before 
commencement may be done without infringing copyright; or 
(b) Where copyright first vested in a person other than the author, to 
anything done by or with the licence of the copyright owner. 
( 4) The rights described in subclause (1) of this clause do not apply to 
anything done in relation to a record made in pursuance of sections 22 and 
23 of the 1962 Act. 
( 5) The rights conferred by section 94 of this Act do not apply in respect 
of any work in which, before commencement, the copyright vested in the 
employer of the author or director, unless the author or director has 
previously been identified as such in or on p,ublished copies of the work. 
(6) In this clause, the term "dramatic work' includes a film of the kind to 
which the definition of "dramatic work" in section 2 (1) of the 1913 Act 
applied. 
Cr. Copyright, Designs and Patents Act 1988, Schedule 1, para. 23 
(U.K.) 
85. Right to privacy of certain photographs and fillIls-The right 
conferred by section 105 of this Act does not apply to photographs taken 
or films made before commencement. 
Cr. Copyright, Designs and Patents Act 1988, Schedule 1, para. 24 
(U.K.) 
Dealing with Rights in Copyright Works 
86. Licences-Section III (2) of this Act does not apply in relation to 
an exclusive licence granted before commencement. 
Cr. Copyright, Designs and Patents Act 1988, Schedule 1, para. 29 
(U.K.) 
87. DoculIlents or events before cOlIltnencetnent-( 1) Where 
copyright exists in a work under the new copyright provisions, any 
document that-
(a) Was made before commencement; and 
(b) Had any operation affecting the title to copyright in the work under 
the 1913 Act, or would have had such an operation if the 1913 
Act had continued in force; or 
(c) Had any operation affecting the title to copyright in the work under 
the 1962 Act or would have had such an operation if the 1962 
Act had continued in force,-
shall, subject to subclause (2) of this clause, have the corresponding 
operation in relation to copyright in the work under the new copyright 
provisions. 
(2) If the operation of any such document was or would have been 
limited to a period specified in the document, it shall not have any 174 Copyright IP/N/lINZL/C/1 
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1994, No. 143 
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TRANSITIONAL PROVISIONS AND SAVINGS-continued 
operation in relation to the copyright under the new copyright provisions, 
except in so far as that period extends beyond cOlTIlTIencelTIent. 
(3) For the purposes of the operation of a doculTIent in accordance with 
subclause (1) of this clause,-
(a) Expressions used in the document shall be construed in accordance 
with their effect immediately before COffilTIencelTIent, 
notwithstanding that a different lTIeaning is assigned to thelTI for 
the purposes of this Act; and 
(b) Section 116 of this Act shall not apply in respect of any agreement 
lTIade before the 1st day of April 1963. 
(4) Where copyright exists in a work under the new copyright 
provisions, any event that-
(a) Occurred before commencement; and 
(b) Had any operation affecting the title to copyright in the work under 
the 1913 Act, or would have had such an operation if the 1913 
Act had continued in force; or 
(c) Had any operation affecting the title to copyright in the work under 
the 1962 Act or would have had such an operation if the 1962 
Act had continued in force,-
shall have the corresponding operation in relation to copyright in the work 
under the new copyright provisions. 
( 5) In this clause,-
"Copyright in the work under the 1 913 Act" includes, in relation to a 
fihn, any copyright under the 1 913 Act in the film in so far as it 
constituted a dramatic work for the purposes of the 1 913 Act and 
any copyright under the 1913 Act in photographs forming part 
of the film: 
"Operation affecting the title" lTIeans any operation affecting the 
ownership of that copyright, or creating, transferring, or 
terminating an interest, right, or licence in respect of that 
copyright. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, paras. 25, 
26 (1) (U.K.); 1962, No. 33, First Schedule, clause 36 (1), (2), (4) (b), 
(5) 
88. Certain assigntnents or licences on or after 1 April 1914 and 
before 1 April 1968-( 1) Where a doculTIent to which clause 37 (1) of this 
Schedule applies is an assignment lTIade or a licence granted-
(a) On or after the 1st day of April 1914 and before the 1st day of April 
1963; and 
(b) By the author of a literary, dralTIatic, musical, or artistic work, where 
the author is the first owner of copyright in the work; and 
(c) Otherwise than by will,-
the assignlTIent or licence shall not be operative to vest in the assignee or 
licensee any rights with respect to copyright in the work beyond the 
expiration of 25 years frolTI the death of the author. 
(2) After commencement and during the life of the author, the author 
may assign the reversionary interest in the copyright expectant on the 
termination of the period specified in subclause (1) of this clause. 
(3) If the author does not make an assignment as permitted by 
subclause (2) of this clause, the reversionary interest in the copyright IP/N/lINZL/C/l 
Page 176 
1994, No. 143 Copyright 
FIRST SCHEDULE-continued 
TRANSITIONAL PROVISIONS AND SAVINGS-continued 175 
expectant on the termination of the period specified in subclause (1) of this 
clause shall, on the author's death, devolve on his or her legal personal 
representatives as part of his or her estate. 
(4) Nothing in this clause affects-
(a) An assignment of the reversionary interest by a person to whom it 
has been assigned; or 
(b) An assignment of the reversionary interest after the death of the 
author by his or her personal representatives or any person 
becoming entitled to it; or 
(c) Any assignment of the copyright after the reversionary interest has 
fallen in. 
(5) Nothing in this clause applies to the assignment of the copyright in a 
collective work or a licence to publish a work or part of a work as part of a 
collective work. 
(6) In subclause (5) of this clause, the term "collective work" means­
(a) Any encyclopaedia, dictionary, year-book, or similar work: 
(b) A newspaper, review, magazine, or similar periodical: 
(c) Any work written in distinct parts by different authors, or in which 
works or parts of works of different authors are incorporated. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 27 
(U.K.); 1962, No. 33, First Schedule, clause 36 (3) 
89. Assign1D.ents or grants 1D.ade before 1 April 1914-(1) This 
clause applies where the author of a literary, dramatic, musical, or artistic 
work published before the 1st day of April 1914 assigned or granted, 
before the 1 st day of April 1914, an interest in the copyright or performing 
right in the work for the full term of that right under the law in force 
before the 1 913 Act (being such an assignment or grant as was mentioned 
in paragraph ( a) of the proviso to section 32 (1) of the 1 913 Act). 
(2) If, before commencement, any thing was done in relation to the 
copyright in the work under paragraph (a) of the proviso to section 32 (1) 
of the 1 913 Act, that thing has a corresponding operation under the new 
copyright provisions. 
(3) Any right that, before commencement,-
( a) Was exercisable in relation to the work or copyright in it under 
paragraph ( a) of the proviso to section 32 (1) of the 1 913 Act; or 
(b) Would have been exercisable in relation to the work or cOfyright in 
it under paragraph ( a) of the proviso to section 32 (1) 0 the 1 913 
Act, if that provision had continued in force-
is exercisable in relation to the work or copyright in it under the new 
copyright provisions. 
(4) If, in accordance with paragraph ( a) of the proviso to section 32 (1) of 
the 1 913 Act, copyright would have reverted to the author or his or her 
personal representatives on the date referred to in that paragraph, and 
that date falls after commencement, then, on that date-
(a) The copyright in the work shall revert to the author or his or her 
personal representatives, as the case may be; and 176 Copyright IP IN 11 INZL/CI 1 
Page 177 
1994, No. 143 
FIRST SCHEDULE-continued 
TRANSITIONAL PROVISIONS AND SAVINGS-continued 
(b) Any interest of any other person in the copyright that exists on that 
date by virtue of any document made before the commencement 
of the 1913 Act shall cease to exist. 
ef. Copyright, Designs and Patents Act 1988, Schedule 1, para. 28 
(U.K.); 1962, No. 33, First Schedule, clause 42 
40. Copyright to pass under will with unpublished works­
( 1) Section 115 of this Act-
(a) Does not apply where the testator died before the 1st day of April 
1963; and 
(b) Where the testator died on or after that date and before 
commencell1ent, applies only in relation to an original docull1ent 
ell1bodying a work. 
(2) In the case of an author who died before the 1 st day of April 1963, 
the ownership after the author's death of a manuscript of the author, 
where such ownership has been acquired under a testamentary disposition 
made by the author and the manuscript is of a work that has not been 
published or perforllled in public, is prima facie proof of the copyright 
being with the owner of the manuscript. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 30 
(U.K.) 
Remedies for Infringement 
41. Retnedies for infringetnent-( 1) The following provisions apply in 
relation to an infringement of copyright: 
(a) In relation to an infringement of copyright COll1ll1itted after 
COll1ll1encell1ent, sections 120 to 122 of this Act apply: 
(b) In relation to an infringement of copyright committed on or after the 
1 st day of April 1963 and before commencement, sections 24 and 
25 of the 1962 Act and section 6 (2) of the 1985 All1endment 
continue to apply: 
(c) In relation to an infringement of copyright committed before the 1st 
day of April 1963, sections 9 (1) and (2) and 10 to 13 of the 1913 
Act continue to apply. 
(2) The following provisions apply in relation to the rights and rell1edies 
of an exclusive licensee: 
(a) Sections 123 and 124 of this Act apply where sections 120 to 122 of 
this Act apply: 
(b) Section 26 of the 1962 Act continues to apply where sections 24 and 
25 of that Act continue to apply: 
(c) Sections 123 and 124 of this Act and section 26 of the 1962 Act do 
not apply to a licence granted before the 1 st day of April 1963. 
(3) The following provisions apply in relation to presumptions: 
(a) Sections 126 to 129 of this Act apply only in proceedings brought 
under this Act: 
(b) Sections 27 and 27 A of the 1962 Act continue to apply to proceedings 
brought under that Act: 
(c) Section 9 (3) of the 1913 Act continues to apply to proceedings 
brought under that Act. 
(4) The following provisions apply in relation to criminal liability for 
making or dealing with infringing objects: IP IN 11 INZL/CI 1 
Page 178 
1994, No. 143 Copyright 
FIRST SCHEDULE-continued 
TRANSITIONAL PROVISIONS AND SAVINGS-continued 177 
(a) In relation to acts done after commencement, section 131 of this Act 
applies: 
(b) In relation to acts done before com.rnencement, including acts done 
before the 1st day of April 1963, section 28 of the 1962 Act 
continues to apply. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, paras. 31-33 
(U.K.); 1962, No. 33, First Schedule, clauses 25-28 
Effect of Notices Given under Section 22 or Section 29 of the Copyright Act 1962 
42. Records of Dlusical works-(I) Where, before commencement, a 
person gave notice under section 22 (1) (b) of the 1962 Act of his or her 
intention to make or import a record of a musical work, any making or 
importing of the record by that person after commencement shall not be 
an infringement of any copyright in the musical work if the conditions set 
out in section 22 of the 1962 Act are fulfilled. 
(2) The provisions of-
(a) Sections 22 and 23 of the 1962 Act; and 
(b) Regulations 3 (2) and 4 to 7 of the Copyright (Record Royalties) 
Regulations : 963-
that are in force immediately before COIIllllencement shall continue to 
apply for the purpose of completing or perfecting any matter in progress 
immediately before commencement. 
Cf. Copyright, Designs and Patents Act 1988, Schedule 1, para. 21 
(U.K.); 1962, No. 33, First Schedule, clause 24 
4S. Notice Dlay be given to CODlptroller ofCustoIns-(I) Subject to 
subclause (2) of this clause, where, before commencement, a notice was 
given in respect of a work under section 29 of the 1962 Act, and that notice 
had not been withdrawn and had not otherwise ceased to have effect 
before commencement, the notice shall have effect after commencement 
as if it had been accepted under section 136 of this Act, and section 136 of 
this Act shall apply with any necessary modifications. 
(2) The notice shall, upon commencement, cease to have any effect in 
respect of-
(a) Any items sold in another country by or with the consent of the 
owner of the copyright in that country; and 
(b) Any items in transit to a country other than New Zealand. 
Cf. 1962, No. 33, First Schedule, clause 29 178 Copyright IP IN 11 INZL/CI 1 
Page 179 
1994, No. 143 
Section 236 (1) SECOND SCHEDULE 
ENACTMENTS AMENDED 
Enactment 
1951, No. 48-The Enemy 
Property Act 1951 (R.S. 
Vo!. 6, p. 317) 
1953, No. 7-The Ministry 
of Agriculture and Fisher­
ies Act 1953 (R.S. Vo!. 18, 
p. 509) 
1957, No. 13-The Archives 
Act 1957 (R.S. Vol. 1, 
p. 127) 
1965, No. 136-The 
National Library Act 1 965 
(R.S. Vo!. 11, p. 225) Amendment 
By repealing paragraph (j) of section 3 (2). 
By omitting from the definition of the tenn 
"intellectual property" in section 2 (1) 
(as substituted by section 2 (1) of the 
Ministry of Agriculture aild Fisheries 
AIllendment Act 1989) the words 
"Copyright Act 1962", and substituting 
the words "Copyright Act 1 994". 
By repealing subsection (1) of section 22, 
and substituting the following 
subsection: 
"(1) Nothing in this Act shall derogate 
frOIn any provision of the Copyright Act 
1994 in relation to anything contained in 
any public archive deposited in the 
National Archives tmder this Act." 
By inserting, after section 30, the following 
section: 
"30A. Delivery of copies of books­
(1) The publisher of every book that­
"(a) Is printed in New Zealand; or 
"(b) Is cOmITIissioned to be printed 
outside New Zealand by a 
publisher resident in New 
Zealand or whose principal 
place of business is in New 
Zealand,-
and in which copyright exists by virtue 
of the Copyright Act 1994, shall within a 
period of 30 days frOIn the date of 
publication deliver at that person's own 
expense to the National Librarian 3 
copies of the book, or such lesser 
nUIllber of copies as the National 
Librarian may specify. The National 
Librarian shall give a written receipt for 
theIne 
"(2) The copies delivered tmder 
subsection (1) of this section shall be 
copies of the whole book, with all maps 
and illustrations belonging to the book, 
finished and coloured in the same 
manner as the best copies of the book 
are published, and botmd, sewed, or 
stitched together, and on the best paper 
on which the book is printed. IP/N/lINZL/C/1 
Page 180 
1994, No. 143 Copyright 179 
SECOND SCHEDULE-continued 
ENACTMENTS AMENDED-continued 
Enactment 
1965, No. 136-The 
National Library Act 1965 
(R.S. Vol. 11, p. 225)­
continued Amendment 
"(3) Where the name of the publisher 
does not appear on the book, the printer 
(if the printer is resident in New Zealand 
or if his, her, or its principal place of 
business is in New Zealand) as well as the 
publisher shall be liable for a failure to 
cOIllply with the provisions of this 
section. 
"( 4) Where any copies of a book are 
delivered by the printer under 
subsection (1) of this section, the printer 
shall be entitled to recover froIll the 
publisher the cost of the copies. 
"(5) Notwithstanding anything to the 
contrary in this section, there shall be no 
liability to deliver copies of a second or 
subsequent edition of a book that is a 
photocopy of, or otherwise identical in 
content with, the first edition (or, as the 
case Illay be, the latest edition of which 
copies have been delivered) and does not 
contain any additions or alterations in 
letterpress or maps or illustrations 
belonging to the book. 
"(6) Every person COIllIllits an offence 
and is liable on sum.rnary conviction to a 
fine not exceeding $1,000 who fails to 
cOIllply with any of the provisions of this 
section. 
"(7) In this section,-
"'Book' means any collection of 
printed sheets of paper or other 
substance; and includes-
"(a) Every part or division of a 
book and every paITIphlet, 
Illagazine, periodical, sheet of 
letterpress, sheet of Illusic, Illap, 
plan, chart, art print, or table 
separately published; and 
"(b) Every second or 
subsequent edition of a book: 180 Copyright IP/N/1/NZL/CIl 
Page 181 
1994, No. 143 
SECOND SCHEDULE-continued 
ENACTMENTS AMENDED-continued 
Enactment 
1965, No. 136-The 
National Library Act 1 965 
(R.S. Vol. 11, p. 225)­
continued 
1975, No. 41-The Antiqui­
ties Act 1975 (R.S. Vol. 26, 
p. 31) 
1981, No. 35-The Public 
Works Act 1981 
1986, No. 5-The Com­
merce Act 1986 (R.S. Vol. 
31, p. 71) 
1986, No. 123-The Survey 
Act 1986 Amendment 
" 'Printer', in relation to any book, 
means the owner of the 
undertaking by which it was 
printed: 
" 'Printing'-
"(a) Includes the production of 
copies by any duplicating 
process, whether letterpress, 
lithographic, photographic, 
stencilling, xerographic, or 
otherwise; but 
"(b) Does not include 
typewriting;-
and 'printed' has a corresponding 
meaning: 
" 'Publication' has the same meaning 
as it has in section 10 of the 
Copyright Act 1994." 
By omitting from section 8 (2) the words 
"Copyright Act 1962", and substituting 
the words "Copyright Act 1994". 
By omitting from the definition of the term 
"intellectual property" in section 2 (as 
that definition was inserted by 
section 2 (3) of the Public Works 
Amendment Act (No. 2) 1987) the words 
"Copyright Act 1962", and substituting 
the words "Copyright Act 1 994". 
By repealing paragraph (d) of section 45 (2) 
(as substituted by section 4 2 of the 
Layout Designs Act 1994), and 
substituting the following paragraph: 
"(d) The Copyright Act 1994; or". 
By omitting from paragraph (i) of 
section 11 the words "Copyright Act 
1962", and substituting the words 
"Copyright Act 1 994". IP/N/lINZL/C/1 
Page 182 
1994, No. 143 Copyright 181 
SECOND SCHEDULE-continued 
ENACTMENTS AMENDED-continued 
Enactment 
1988, No. 110-The Dis­
putes Tribunals Act 1988 
1993, No. 94-The Fihns, 
Videos, and Publications 
Classification Act 1993 
1994, No. 116-The Layout 
Designs Act 1994 Amendment 
By omitting from the definition of the term 
"intellectual property" in section 2 the 
words "Copyright Act 1962", and 
substituting the words "Copyright Act 
1994". 
By omIttIng from paragraph (k) of 
section 131 (4) the words "section 64 of 
the Copyright Act 1962", and 
substituting the words "section 30A of 
the National Library Act 1965". 
By omitting from paragraph (f) of 
section 131 (5) the words "section 64 of 
the Copyright Act 1962", and 
substituting the words "section 30A of 
the National Library Act 1 965". 
By omitting from the definition of the term 
"Copyright Tribunal" in section 2 the 
words "Part V of the Copyright Act 
1962", and substituting the words 
"Part X of the Copyright Act I 994" . 
By omitting from section 19 (2) the words 
"Notwithstanding subsections (2) and (3) 
of section 10 of the Copyright Act 1962 
to the extent that those subsections 
apply to imported articles,", and 
substituting the words "Notwithstanding 
sections 12 (3), 35, and 36 of the 
Copyright Act 1994 to the extent that 
those provisions apply to imported 
articles, " . 
By omitting from section 19 (3) the words 
"Copyright Act 1962", and substituting 
the words "Copyright Act 1 994". 
By repealing section 41. IP/N/l/NZL/C/l 
Page 183 
182 
Section 236 (2) Copyright 
THIRD SCHEDULE 
ENACTMENTS REPEALED 1994, No. 143 
1957, No. 87-The Summary Proceedings Act 1957: So much of the First 
Schedule as relates to the Copyright Act 1962. 
1962, No. 33-The Copyright Act 1962. 
1964, No. 27-The Decimal Currency Act 1964: So much of the Fifth 
Schedule as relates to the Copyright Act 1962. 
1967, No. 65-The Copyright Amendment Act 1967. 
1971, No. 91-The Copyright Amendment Act 1971. 
1985, No. 134-The Copyright Amendment Act 1985. 
1986, No. 81-The Copyright Amendment Act 1986. 
1989, No. 25-The Broadcasting Act 1989: Section 89 (2) (a); and so much 
of the Second Schedule as relates to the Copyright Act 
1962. 
1989, No. 112-The Copyright Amendment .Act 1989. 
1990, No. 71-The Copyright Amendment Act 1990. 
Section 236 (3) FOURTH SCHEDULE 
REGULATIONS REVOKED 
Title 
The Copyright Regulations 1 91 3 
Works the Importation of which is prohib· 
ited under the Copyright Act, 1913 
The Copyright Amending Regulations 
1946 
The Copyright Alllending Regulations 
1955 
The Copyright (Record Royalties) Regula­
tions 1963 
The Copyright (CuStOlllS) Regulations 1 963 
The Copyright (International Conventions) 
Order 1964 
The Copyright (International Conventions) 
Order 1964, Alllendlllent No. 1 
This Act is administered in the Department of Justice. Gazette Reference or Statutory 
Regulations Serial Number 
Gazette, 1914, Vol. I, p. 1325 
Gazette, 1925, Vol. I, p. 16 
1946/142 
1955/45 
1963/84 
1963/85 
1964/53 
1979/64 
WELLINGTON, NEW ZEALAND: Published under the authority of the 
New Zealand Goventment-1994 
59458D-94/NS 