Copyright Act 1994

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
28 Copyright vesting in certain international organisations

(1)

Where an original work (being a literary, dramatic, musical, or artistic work or a film) is made by an officer or employee of, or is published by, an international organisation to which this section applies,—

(a)

the work qualifies for copyright notwithstanding section 17(1); and

(b)

the organisation is the first owner of any copyright in the work.

(2)

The copyright of an international organisation under this section shall expire,—

(a)

in the case of a typographical arrangement of a 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 may be specified for the purposes of this paragraph pursuant to subsection (5):

(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).

(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 from time to time, by Order in Council,—

(a)

declare that any international organisation is an international organisation to which this section applies:

(b)

for the purposes of complying with any international obligation of New Zealand, specify a period for the purposes of paragraph (a) or paragraph (b) of subsection (2).

(6)

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 28(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).