Reprint as at 24 June 2014

Copyright Act 1994

Public Act1994 No 143
Date of assent15 December 1994
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


Contents

Title

1 Short Title and commencement

2 Interpretation

3 Associated definitions for communication works

4 Meaning of cable programme service, and associated definitions [Repealed]

5 Meaning of author

6 Meaning of work of joint authorship

7 Meaning of unknown authorship

8 Meaning of copyright owner

9 Meaning of issue to the public

10 Meaning of publication

11 Meaning of commercial publication

12 Meaning of infringing copy

13 Act to bind the Crown

Part 1
Description, ownership, and duration of copyright

Description of copyright

14 Copyright in original works

15 Recording necessary for some works

16 Acts restricted by copyright

Qualification for copyright

17 Qualification for copyright

18 Qualification by reference to author

19 Qualification by reference to country of first publication

20 Qualification by reference to origin of communication work

Ownership of copyright

21 First ownership of copyright

Duration of copyright

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

23 Duration of copyright in sound recordings and films

24 Duration of copyright in communication works

25 Duration of copyright in typographical arrangement of published editions

Crown copyright

26 Crown copyright

27 No copyright in certain works

28 Copyright vesting in certain international organisations

Part 2
Infringement of copyright

Primary infringement of copyright

29 Infringement of copyright

30 Infringement by copying

31 Infringement by issue of copies to public

32 Infringement by performance or playing or showing in public

33 Infringement by communicating to public

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

Secondary infringement of copyright

35 Infringement by importation

36 Possessing or dealing with infringing copy

37 Providing means for making infringing copies

38 Permitting use of premises for infringing performance

39 Provision of apparatus for infringing performance, etc

Part 3
Acts permitted in relation to copyright works

40 Provisions to be construed independently

41 Incidental copying of copyright work

42 Criticism, review, and news reporting

43 Research or private study

43A Transient reproduction of work

Education

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

44A Storing copies for educational purposes

45 Copying for educational purposes of films and sound recordings

46 Anthologies for educational use

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

48 Copying and communication of communication work for educational purposes

49 Things done for purposes of examination

Libraries and archives

50 Interpretation

51 Copying by librarians of parts of published works

52 Copying by librarians of articles in periodicals

53 Copying by librarians for users of other libraries

54 Copying by librarians for collections of other libraries

55 Copying by librarians or archivists to replace copies of works

56 Copying by librarians or archivists of certain unpublished works

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

56B Additional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56

56C Additional condition for making digital copies under section 53 or 54

57 Playing or showing sound recordings or films

57A Making archived works available for public viewing

Public administration

58 Copying by Parliamentary Library for members of Parliament

59 Parliamentary and judicial proceedings

60 Royal commissions and statutory inquiries

61 Material open to public inspection or on official register

62 Material communicated to the Crown in course of public business

63 Use of copyright material for services of the Crown

64 Rights of third parties in respect of Crown use

65 Proceedings against the Crown

66 Acts done under statutory authority

Literary, dramatic, musical, or artistic works

67 Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works

68 Use of recording of spoken words in certain cases

69 Provision of Braille copies of literary or dramatic works

70 Public reading or recitation

71 Abstracts of scientific or technical articles

72 Recordings of folk songs

73 Representation of certain artistic works on public display

74 Special exception from protection of literary or artistic works

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

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

77 Making of subsequent works by same artist

78 Reconstruction of buildings

Computer programs, sound recordings, and films

79 Rental by educational establishments and libraries

80 Back-up copy of computer program

80A Decompilation of computer program

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

80C Observing, studying, or testing of computer program

80D Certain contractual terms relating to use of computer programs have no effect

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

81A Copying sound recording for personal use

Communication works

82 Recording for purposes of maintaining standards in programmes

83 Recording for purposes of complaining

84 Recording for purposes of time shifting

85 Incidental recording for purposes of communication

86 Photographs of television broadcasts or cable programmes [Repealed]

87 Free public playing or showing of communication work

87A Free public playing or showing of communication work that is simultaneous with reception

87B Assessment of damages for infringement of copyright in sound recording or film

88 Reception and retransmission of broadcast in cable programme service

89 Provision of subtitled copies of communication work

90 Recording for archival purposes

91 Recording by media monitors

Adaptations

92 Adaptations

Internet service provider liability

92A Internet service provider must have policy for terminating accounts of repeat infringers [Repealed]

92B Internet service provider liability if user infringes copyright

92C Internet service provider liability for storing infringing material

92D Requirements for notice of infringement

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

Subsequent dealings

93 Subsequent dealings with copies made under this Part

Part 4
Moral rights

Right to be identified as author or director

94 Right to be identified as author or director

95 Content of right to be identified

96 Right must be asserted

97 Exceptions to right to be identified

Right to object to derogatory treatment of work

98 Right to object to derogatory treatment of work

99 Content of right to object to derogatory treatment

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

101 Exceptions to right to object to derogatory treatment of films

False attribution

102 False attribution of identity of author or director

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

104 False representations as to artistic work

Right to privacy of certain photographs and films

105 Right to privacy of certain photographs and films

Supplementary provisions

106 Duration of rights

107 Consent and waiver of rights

108 Application of provisions to joint works other than films

109 Application of provisions to joint works that are films

110 Application of provisions to parts of works

Part 5
Dealing with rights in copyright works

Licences to deal with copyright works

111 Licences

112 Warranty implied in certain licences

112A Damages for falsely claiming copyright ownership or licence

112B Provisions of sections 112 and 112A to have effect no matter what licence says

Transmission of copyright

113 Transmission of copyright

114 Assignment

115 Copyright to pass under will with unpublished works

116 Future copyright

117 Right to make conditions in respect of certain unpublished works

Moral rights

118 Moral rights not assignable

119 Transmission of moral rights on death

Part 6
Remedies for infringement

Rights and remedies of copyright owner

120 Infringement actionable by copyright owner

121 Provisions as to damages in infringement proceedings

122 Order for delivery up in civil proceedings

Infringing file sharing

122A Interpretation for sections 122B to 122U

122B Overview of infringing file sharing regime

122C IPAPs to send infringement notices

122D Detection notices

122E Warning notices

122F Enforcement notices

122G Challenging infringement notices

122H Effect of challenge to, and cancellation of, infringement notice

122I Enforcement action after issue of enforcement notice

122J Application to Tribunal

122K Notice of proceedings

122L Decisions generally made on papers and without hearing

122M If hearing is held

122N Infringement notice as evidence of copyright infringement

122O Tribunal order requiring payment to rights owner

122P Court order suspending account holder's account

122Q Order requiring IPAP to disclose account holder details

122R Suspension orders and orders under section 122Q not available until date set by Order in Council

122S Application of section 122C to cellular mobile networks

122T Obligations of IPAPs

122U Fees payable by rights owners to IPAPs

Rights and remedies of exclusive licensee

123 Rights and remedies of exclusive licensee

124 Exercise of concurrent rights

Rights and remedies in relation to moral rights

125 Infringement of moral rights actionable

Presumptions

126 Presumptions relevant to literary, dramatic, musical, or artistic works

127 Presumptions relevant to certain artistic works

128 Presumptions relevant to computer programs, sound recordings, and films

129 Presumptions relevant to works subject to Crown copyright

130 Unjustified proceedings

Offences

131 Criminal liability for making or dealing with infringing objects

131A Time for laying information [Repealed]

132 Order for delivery up in criminal proceedings

133 Liability of officers of body corporate

133A Evidence in proceedings

Disposal of infringing copy or other object

134 Order as to disposal of infringing copy or other object

Part 6A
Enforcement officers

Appointment and functions of enforcement officers

134A Chief executive may appoint enforcement officers

134B Authority to act as enforcement officer

134C Functions of enforcement officer

Enforcement officer's power of entry and examination without warrant

134D Enforcement officer’s power of entry and examination without warrant

134E What enforcement officer and person assisting may do when exercising power of entry and examination without warrant

Entry and search under search warrant

134F Enforcement officer or member of Police may apply for search warrant

134G Application for search warrant

134H Mode of application for search warrant

134I Form and content of search warrant

134J Transmission of search warrant

134K Retention of documents

134L When search warrant is executed

134M Powers of entry and search under warrant

134N Powers of persons called to assist

General provisions that apply to powers of entry and search and entry and examination

134O Application of sections 134P to 134S

134P Powers and duties of person exercising power of entry and search or power of entry and examination

134Q Inventory of things seized

134R Compliance with certain provisions may be deferred in certain circumstances

134S Further extension to, or dispensation from, obligation to comply with certain provisions

Provisions relating to things seized

134T Period things seized may be retained

134U Application for order to return things seized

134V Disposal of things seized

134W Disposal of perishable things

Other powers of enforcement officers

134X Enforcement officer may apply for production order

134Y Judge may order documents to be produced

134Z Powers of enforcement officer to whom documents produced

134ZA Offence of failing to comply with order to produce documents

Powers of Police

134ZB Powers of Police

Miscellaneous

134ZC Privilege against self-incrimination

134ZD Other privileges

134ZE Disclosure of information

134ZF No liability if functions performed or powers exercised in good faith

Part 7
Border protection measures

135 Definitions

136 Notice may be given to chief executive

136A Chief executive may suspend accepted notice

136B Notice of suspension

136C Chief executive may reinstate accepted notice

136D Duration of accepted notice

137 Determination whether item is pirated copy

138 Limitations on requirement to supply information

139 Notice of determination

140 Detention of pirated copy

141 Proceedings

141A Forfeiture of goods by consent

142 Powers of court

143 Inspection of item

Enforcement powers of Customs officers

144 Customs officer may seize goods in control of Customs

144A Chief executive may require person to produce documents concerning goods in control of Customs

144B Chief executive may require person to appear and answer questions concerning goods in control of Customs

144C Customs officer may apply for production order

144D Judge may order documents to be produced

144E Powers of Customs officer to whom documents produced

144F Issue of search warrants to Customs officers

144G Privilege against self-incrimination

144H Other privileges

144I Offences

145 Delegation of powers, duties, and functions

146 Protection of persons acting under authority of Act

Part 8
Copyright licensing

147 Works of more than 1 author

References and applications with respect to licensing schemes

148 Licensing schemes to which sections 149 to 155 apply

References with respect to licensing schemes

149 Reference of proposed licensing scheme to Tribunal

150 Reference of licensing scheme to Tribunal

151 Further reference of scheme to Tribunal

152 Effect of order of Tribunal made on reference

Applications with respect to licensing schemes

153 Application for grant of licence in connection with licensing scheme

154 Application for review of order as to entitlement to licence

155 Effect of order of Tribunal made on application

References and applications with respect to licensing by licensing bodies

156 Licences to which sections 157 to 160 apply

157 Reference to Tribunal of proposed licence

158 Reference to Tribunal of expiring licence

159 Application for review of order as to licence

160 Effect of order of Tribunal as to licence

Factors to be taken into account in certain classes of cases

161 Unreasonable discrimination

162 Licences for reprographic copying

163 Licences for educational establishments in respect of works included in communication works

164 Licences to reflect conditions imposed by promoters of events

165 Licences to reflect payments in respect of underlying rights

166 Licences in respect of works included in retransmissions

Implied indemnity in schemes or licences for reprographic copying

167 Implied indemnity in certain schemes and licences for reprographic copying

168 Determination of equitable remuneration

Part 9
Performers' rights

169 Interpretation

170 Application

Performers' rights

171 Consent required for recording or live transmission of performance

172 Infringement by use of recording made without performer’s consent

173 Copying of recordings

174 Infringement by importing, possessing, or dealing with illicit recording

Acts permitted in relation to performances

175 Incidental copying of performance or recording

175A Transient reproduction of recording of performance

176 Permitted acts in relation to performances, criticism, reviews, and news reporting

177 Things done for purposes of instruction or examination

178 Playing or showing sound recording, film, or communication work at educational establishment

179 Recording of communication works by educational establishment

180 Subsequent dealings

181 Parliamentary and judicial proceedings

182 Royal commissions and statutory inquiries

183 Acts done under statutory authority

184 Use of recordings of spoken works in certain cases

185 Recordings of folk songs

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

187 Incidental recording for purposes of communication work

188 Free public playing or showing of communication work

188A Free public playing or showing of communication work that is simultaneous with reception

188B Assessment of damages for infringement of rights under this Part in relation to performance or recording

189 Reception and retransmission of broadcast in cable programme service [Repealed]

190 Provision of subtitled copies of communication work

191 Recording of communication work for archival purposes

192 Power of Tribunal to give consent on behalf of performer

Duration and transmission of rights

193 Duration of rights

194 Transmission of rights

Consent

195 Consent

Remedies for infringement

196 Proceedings for infringement of performers' rights

197 Order for delivery up in civil proceedings

Offences

198 Criminal liability for making, dealing with, using, or copying illicit recordings

199 Order for delivery up in criminal proceedings

200 False representation of authority to give consent

201 Liability of officers of body corporate

202 Order as to disposal of illicit recording

Application to foreign countries

203 Application of this Part to convention countries [Repealed]

204 Application of Part 9 to other entities

Part 10
Copyright Tribunal

Constitution

205 Copyright Tribunal

206 Membership of Tribunal

207 Term of office of members of Tribunal

208 Vacation of office

209 Deputies of members

210 Remuneration and travelling allowances

Jurisdiction and procedure

211 Jurisdiction of Tribunal

212 Parties to proceedings

213 Sittings of Tribunal

214 Procedure of Tribunal

215 Evidence in proceedings before Tribunal

216 Witness summons

217 Service of summons

218 Witnesses' allowances

219 Privileges and immunities

220 Non-attendance or refusal to co-operate

221 Contempt of Tribunal

222 Costs

223 Stating case for High Court

224 Appeal on question of law

Part 11
Miscellaneous provisions

225 Rights and privileges under other enactments or common law

Technological protection measures

226 Definitions of TPM terms

226A Prohibited conduct in relation to technological protection measure

226B Rights of issuer of TPM work

226C Offence of contravening section 226A

226D When rights of issuer of TPM work do not apply

226E User’s options if prevented from exercising permitted act by TPM

Copyright management information

226F Meaning of copyright management information

226G Interference with CMI prohibited

226H Commercial dealing in work subject to CMI interference

226I Contravention of section 226G or 226H

226J Offence of dealing in work subject to CMI interference

227 Offence of fraudulently receiving programmes

228 Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions

Other countries

229 Supplementary provisions as to fraudulent reception

230 Application to convention countries

231 Expenditure or liability incurred in connection with copyright work

232 Application of Act (other than Part 9) to other entities

233 Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works

234 Regulations

Transitional provisions and savings

235 Transitional provisions and savings

236 Consequential amendments and repeals

Schedule 1
Transitional provisions and savings

Schedule 2
Enactments amended

Schedule 3
Enactments repealed

Schedule 4
Regulations revoked

Reprint notes


An Act to consolidate and amend the law relating to copyright