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Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions:

A work is not original if—

Copyright does not exist in a literary or dramatic or musical work unless and until the work is recorded, in writing or otherwise.

It is immaterial for the purposes of subsection (1) whether the work is recorded by or with the consent of the author.

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).

The owner of the copyright in a work has the exclusive right to do, in accordance withsections 30 to 34, the following acts in New Zealand:

Subsection (1) applies subject toParts 3 and8.

Copyright does not exist in a work unless the requirements ofsection 18 orsection 19 orsection 20 are satisfied in respect of that work.

Subsection (1) does not apply to copyright that exists by virtue ofsection 26 orsection 28.

If the requirements ofsection 18 orsection 19 orsection 20 orsection 26 orsection 28 are once satisfied in respect 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.

For the avoidance of doubt, it is hereby declared that where any other provision of this Act imposes requirements, in addition to the requirements ofsection 18 orsection 19 orsection 20, 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 ofsection 18 orsection 19 orsection 20 are satisfied in respect of that work.

A work qualifies for copyright if the author is, at the material time,—

A work qualifies for copyright if the author is, at the material time,—

Subject to subsection (4), 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).

Where a work of joint authorship qualifies for copyright under this section alone, only those authors who satisfy the requirements of subsection (1) or subsection (2) shall be taken into account for the purposes of the application, to that work, of the following provisions of this Act:

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—

For the purposes of this section, publication in one country shall not be regarded as other than the first publication by reason of simultaneous publication elsewhere; and for this purpose publication elsewhere within the previous 30 days shall be treated as simultaneous.

A communication work qualifies for copyright if it is made from—

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.

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.

Where—

that person is the first owner of any copyright in the work.

Subsections (2) and (3) apply subject to any agreement to the contrary.

Subsections (1) to (4) apply subject tosections 26 and28.

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.

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 the work is made.

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 made available to the public by an authorised act.

For the purposes of subsection (3), the circumstances in which a work may be made available to the public include,—

If—

subsection (1) does not apply to revive copyright in the work.

In relation to a work of joint authorship,—

This section does not apply to copyright in a work to whichsection 26 orsection 28 applies.

Copyright in a sound recording or film expires—

whichever is the later.

For the purposes of subsection (1), a sound recording or film is made available to the public when—

Copyright in a communication work expires at the end of the period of 50 years from the end of the calendar year in which the communication work is first communicated to the public.

Copyright in a repeated communication work expires at the same time as copyright in the initial communication work expires.

There is no copyright in a repeated communication work that is communicated to the public after copyright in the initial communication work has expired.

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.

Where a work is made by a person employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services,—

Copyright in such a work is referred to in this Act asCrown copyright, notwithstanding that such copyright is assigned to another person.

Crown copyright shall expire,—

In the case of a work of joint authorship where 1 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.

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.

Subsection (1) applies subject to any agreement to the contrary.

This section is subject tosection 27.

No copyright exists in any of the following works, whenever those works were made:

No Crown copyright exists in any work, whenever that work was made,—

Except as specified in subsection (1A), nothing in subsection (1) affects copyright in any work that is incorporated by reference in a work referred to in subsection (1).

Subsection (1A) does not affect copyright in any New Zealand Standard (as that term is defined in theStandards and Accreditation Act 2015).

Subsection (1) shall come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different paragraphs of that subsection.

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

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,—

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

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.

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.

The Governor-General may from time to time, by Order in Council,—

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

Copyright in a work is infringed by a person who, other than pursuant to a copyright licence, does any restricted act.

References in this Act to the doing of a restricted act are to the doing of that act—

and it is immaterial whether any intervening acts themselves infringe copyright.

This Part is subject toParts 3 and8.

The copying of a work is a restricted act in relation to every description of copyright work.

The issue of copies of a work to the public is a restricted act in relation to every description of copyright work.

The performance of a work in public is a restricted act only in relation to a literary, dramatic, or musical work.

The playing or showing of a work in public is a restricted act only in relation to a sound recording, film,or communication work.

Where copyright in a work is infringed by the performance, playing, or showing of the work in public by means of apparatus for receiving visual images or sounds conveyed by electronic or other means,—

shall not be regarded as responsible for the infringement.

For the purposes of subsection (3), a person who sends visual images or sounds does not include a person who retransmits visual images or sounds.

Communicating a work to the public is a restricted act in relation to every description of copyright work.

The making of an adaptation of a work is a restricted act only in relation to a literary, dramatic, or musical work.

For the purposes of subsection (1), an adaptation is made when it is recorded, in writing or otherwise.

The doing of any of the acts specified in any ofsections 30 to 33 or in subsection (1), 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.

For the purposes of subsection (3), where the act done in relation to an adaptation of a work is an act specified insection 32 orsection 33, it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done.

A person infringes copyright in a work if—

In civil proceedings for infringement of copyright under subsection (1), in the case of a work that is a sound recording, film, or computer program to which subsection (6) applies,—

Subsections (3) and (4) are repealed on31 October 2016.

This subsection applies to the following sound recordings, films, and computer programs:

Copyright in a work is infringed by a person who, in New Zealand, other than pursuant to a copyright licence,—

an object that is, and that the person knows or has reason to believe is, an infringing copy of the work.

Copyright in a work is infringed by a person who, other than pursuant to a copyright licence,—

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.

Copyright in a work is infringed by a person who, other than under a copyright licence, communicates a work to 1 or more persons, knowing or having reason to believe that infringing copies will be made by means of the reception of the communication in New Zealand or elsewhere.

Where copyright in a literary, dramatic, or musical work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also liable for the infringement unless, when the person gave that permission, he or she believed on reasonable grounds that the performance would not infringe copyright.

In this section, the termplace of public entertainment includes premises that are occupied mainly for purposes other than public entertainment but are from time to time made available for hire for the purposes of public entertainment.

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—

the persons described in subsections (2) to (4) are also liable for the infringement.

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,—

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.

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.

The provisions of this Part are to be construed independently of one another so that the fact that an act is not permitted by one provision does not mean that it is not permitted by another provision.

Copyright in a work is not infringed by—

For the purposes of subsection (1), a musical work, words spoken or sung with music, or so much of a sound recording or communication work as includes a musical work or those words, must not be regarded as incidentally copied in another work if the musical work or the words, sound recording, or communication work is deliberately copied.

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 accompanied by a sufficient acknowledgement.

Fair dealing with a work for the purpose of reporting current events by means of a sound recording, film, or communication work does not infringe copyright in the work.

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) does not infringe copyright in the work if such fair dealing is accompanied by a sufficient acknowledgement.

Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.

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.

In determining, for the purposes of subsection (1), 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—

This section does not authorise the making of more than 1 copy of the same work, or the same part of a work, on any one occasion, but in this subsectioncopy does not include a non-infringing transient reproduction to whichsection 43A applies.

A reproduction of a work does not infringe copyright in the work if the reproduction—

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—

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—

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—

If the effect of subparagraph (i) or subparagraph (ii) of subsection (3)(f) would be that the whole of a work or edition is copied, those subparagraphs shall not apply and the copying that is permitted under subsection (3) shall be of no more than 50% of the whole work or edition.

A copy of a work made in accordance with subsections (3) and (4) may be communicated to a person who is a student or other person who is to receive, is receiving, or has received, a lesson that relates to the work.

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).

Where any part of a work or edition is copied under subsection (3) by or on behalf of an educational establishment,—

In subsections (3) to (6),—

An educational establishment does not infringe copyright in a work that is made available on a website or other electronic retrieval system by storing a copy of the page or pages in which the work appears if—

Subsection (1) does not apply, and the educational establishment does infringe copyright in the work, if the educational establishment knowingly fails to delete the stored material within a reasonable time after the material becomes no longer relevant to the course of instruction for which it was stored.

In subsection (1),authenticated user means a person who—

Copyright in any work that is a film, sound recording, or communication work, or any work included in a film, sound recording, or communication work, is not infringed by the copying of that work in the circumstances set out in subsection (2).

The circumstances referred to in subsection (1) are—

Copyright in—

is not infringed by the copying of that work in the circumstances set out in subsection (4).

The circumstances referred to in subsection (3) are—

Subsections (3) and (4) do not apply if or to the extent that licences authorising the copying of a work in the circumstances set out in subsection (4) are available under a licensing scheme and the person doing the copying knew that fact.

The copying of a short passage from a published work (being a literary, dramatic, or musical work) in a collection that—

does not infringe copyright in the work if—

Subsection (1) 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.

In relation to any given passage, the reference in subsection (2) to passages from copyright works by the same author—

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.

Subsection (1) does not apply to a literary work that is a computer program.

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 establishment—

is not a performance in public for the purposes ofsection 32(1).

The playing or showing, for the purposes of instruction, of a sound recording, film, or communication work to the audience described in subsection (1) at an educational establishment is not a playing or showing of the work in public for the purposes ofsection 32(2).

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.

This section applies when a copy of a communication work is—

In any case to which subsection (1)(a) applies, the making or communication of a copy of the communication work by or on behalf of an educational establishment, and the subsequent communication of the copy within the educational establishment, does not infringe copyright in the communication work or in any work included in it if the copy is made or communicated for the educational establishment’s educational purposes.

In any case to which subsection (1)(b) applies, the making and supply of a copy of the communication work by an educational resource supplier does not infringe copyright in the communication work or in any work included in it if the copy is made and supplied for the educational purposes of the educational establishment to which it is supplied.

However, the exclusions from infringement of copyright in subsections (2) and (3) do not apply to—

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.

Insections 51 to 56C, unless the context otherwise requires,—

Insections 51 to 56C, 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.

The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied 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 may include in the copy any artistic work that appears within the proportion copied, without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

The conditions referred to in subsection (1) are—

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.

This section does not apply to a literary work that is a computer program.

In this section,copy includes a digital copy, but in that casesection 56B applies as well.

The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied with, make for supply to any person a copy of—

without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

The conditions referred to in subsection (1) are—

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.

In this section,copy includes a digital copy, but in that casesection 56B applies as well.

The librarian of a prescribed library may, if the condition contained in subsection (2) is complied with, make from a published edition, for supply to another prescribed library, a copy of,—

without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

The condition referred to in subsection (1) 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.

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.

This section does not apply to a literary work that is a computer program.

In this section,copy includes a digital copy, but in that casesection 56C applies as well.