(1) Copyright is a property right that exists, in accordance with this Act, in 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.

(3) A cable programme is not an original work if its inclusion in a cable programme service is by way of reception and immediate retransmission of a broadcast.

(1) Copyright does not exist in a literary or dramatic 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.

(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 perform the work in public:

• (d) To play the work in public:

• (e) To show the work in public:

• (f) To broadcast the work or include the work in 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 3 and 8 of this Act.

(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 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.

(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 19 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 19 or section 20 of this Act are satisfied in respect of that work.

(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 satisfy 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):

• (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 permitted on assumptions as to expiry of copyright or death of the author in relation to anonymous or pseudonymous works).

(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 simultaneous publication elsewhere; and for this purpose publication elsewhere within the previous 30 days shall be treated as simultaneous.

(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.

(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.

(3) Where—

• (a) A person commissions, 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, film, or sound recording; and

• (b) The work is made in pursuance of that commission,—

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.

(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 the 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 made 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,—

• (a) In the case of a literary, dramatic, or musical work,—

  • (i) Performance in public:

  • (ii) Being broadcast:

  • (iii) Inclusion in a cable programme 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

• (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.

(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.

(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 programme expires at the same time as copyright in the initial broadcast or initial cable programme 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.

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.

(1) 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,—

• (a) The work qualifies for copyright notwithstanding section 17(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 made:

• (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.

(1) 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) Judgments of any court or tribunal:

• (h) Reports of Royal commissions, commissions of inquiry, ministerial inquiries, or statutory inquiries.

(1A) No Crown copyright exists in any work, whenever that work was made,—

• (a) in which the Crown copyright has not been assigned to another person; and

• (b) that is incorporated by reference in a work referred to in subsection (1).

(1B) 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).

(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 appointing different dates for different paragraphs of that subsection.

(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) of this Act; 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) 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 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) of this section.

(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—

• (a) In relation to the work as a whole or any substantial part of it; and

• (b) Either directly or indirectly;—

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

(3) This Part of this Act is subject to Parts 3 and 8 of this Act.

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.

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

(2) The playing or showing of a work in public is a restricted act only in relation to a sound recording, film, broadcast, or cable programme.

(3) 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,—

• (a) The person by whom the visual images or sounds are sent; and

• (b) In the case of a performance, the performers—

shall not be regarded as responsible for the infringement.

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

The broadcasting of a work or its inclusion in a cable programme 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.

(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 immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done.

(1) A person infringes copyright in a work if—

• (a) that person imports into New Zealand an object that is an infringing copy of the work and,—

  • (i) in the case of a work that is a sound recording, film, or computer program to which subsection (6) applies, that person knows or ought reasonably to know that the object is an infringing copy; or

  • (ii) in the case of other works, that person knows or has reason to believe that the object is an infringing copy; and

• (b) the object was imported into New Zealand without a copyright licence; and

• (c) the object was imported into New Zealand other than for that person's private or domestic use.

(2) 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,—

• (a) an object is presumed to be an infringing copy in the absence of evidence to the contrary; and

• (b) the Court must not require any person to disclose any information concerning the sources of supply of the object if it appears to the Court that it is unreasonable to do so.

(3) A person also infringes copyright in a film to which subsection (6) applies if that person—

• (a) imports a copy of the film into New Zealand within 9 months of first being made available to the public; and

• (b) knows or has reason to believe that the film is imported into New Zealand within 9 months of first being made available to the public; and

• (c) is not the licensee of the copyright in New Zealand; and

• (d) imports the film into New Zealand other than for that person's private and domestic use.

(4) For the purposes of subsection (3), a film is first made available to the public (as set out in section 23(2)) by any authorised act whether in New Zealand or elsewhere.

(5) Subsections (3) and (4) are repealed on 31 October 2013.

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

• (a) a sound recording stored in a material form that is separate from any device or apparatus capable of playing sound recordings:

• (b) a film produced principally for cinematic release, or a copy of that film, or a copy of a substantial part of that film:

• (c) a computer program stored in a material form that is separate from any device or apparatus capable of executing computer programs.

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

• (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 person knows or has reason to believe is, an infringing copy of the work.

(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.

(1) 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.

(2) In this section, the term place 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.

(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.

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 permitted by one provision does not mean that it is not permitted by another provision.

(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 programme 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 programme is deliberately copied.

(1) 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.

(2) Fair dealing with a work for the purposes of reporting current events by means of a sound recording, film, broadcast, or cable programme 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 accompanied by a sufficient acknowledgement.

(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 commercial 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 any one occasion.

(1) 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

  • (iii) In the course of instruction; and

• (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 any one 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 any one 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 any one 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 1997, 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 1st 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 work or edition is copied, those subparagraphs shall not apply and the copying that is permitted under subsection (3) of this 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 any part of a work or edition is copied under subsection (3) of 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,—

(1) Copyright in—

• (a) Any work that is a sound recording, film, broadcast, or cable programme; or

• (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,—

  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 a person who is to receive, is receiving, or has received 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 in 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 a person who is to receive, is receiving, or has received 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.

(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.

(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 advertisements issued by or on behalf of the publisher of that collection; and

• (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.

(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 establishment—

• (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 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.

(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.

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.

(1) In sections 51 to 56 of this Act, unless the context otherwise requires,—

(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.

(1) The librarian of a prescribed library may, if the conditions contained in subsection (2) of this section 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.

(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 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 computer program.

(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.

(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.

(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, dramatic, 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 computer program.

(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 is—

• (a) From a published edition that is a book; and

• (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.

(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.

(1) The librarian of a prescribed library 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 made 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 Limited, or the film archive maintained by the New Zealand Film Archive Incorporated.

(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 Limited 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.

(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 playing of a sound recording associated with the film, by an archive to which this section applies are available and if the archive knew that fact.

(1) 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, of the 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.

(1) Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings.

(2) Copyright is not infringed by anything done for the purposes of reporting parliamentary or judicial proceedings.

(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 copies of the report of a Royal commission, commission of inquiry, ministerial inquiry, or statutory inquiry containing the work or material from it.

(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 of 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 time 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.

(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 in 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 provisions 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 this section,—

(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.

(2) The Crown may, for—

• (a) The purpose for which the work was communicated 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.

(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 government 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 any act is done under subsection (1) of this section, the Crown shall 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.

(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.

(1) No provision of any assignment or licence in force between the copyright owner and a person other than a government 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.

(2) Where—

• (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 money appropriated by Parliament for the purpose, equitable remuneration to the licensee upon such terms as may be agreed between the Crown and the licensee or, in the absence of agreement, upon such terms 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 payment is made, 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 from the owner or exclusive licensee, as the case may be, such part of any payment as may be agreed between that person and the copyright owner or the exclusive licensee, as the case may be, or, in the absence of agreement, as shall be determined by the Tribunal.

(1) Where any employee or agent of the Crown infringes copyright in a work, and the infringement is committed with the authority of the Crown, civil proceedings in respect of the infringement shall, subject to this Act, lie against the Crown under the Crown Proceedings Act 1950.

(2) Nothing in subsection (1) of this section shall affect the rights of the Crown, or any person authorised by a government department, under section 63 of this Act.

(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 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.

(1) 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 more before the beginning of the calendar year in which the act is done or the arrangements 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 construed as a reference to all the authors having died.

(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 programme 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 material taken from it (or to copy 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.

(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

• (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.

(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.

Where an article on a scientific or technical subject is published in a periodical accompanied 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.

(1) 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 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.

(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.

(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.

(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 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 craftsmanship, more than 25 years before the object or copy is made:

• (d) In the case of a sculpture that is a cast or pattern for an object that has a primarily utilitarian function, more than 16 years before the object or copy is made:

• (e) Subject to subsection (2) of this section, in the case of any other artistic work, more than 16 years before the object or copy is made.

(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.

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

• (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.

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 making another artistic work, if the main design of the earlier work is not repeated or imitated.

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.

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 meaning 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.

(1) Subject to subsection (3) of this section, copyright in a computer program is not infringed by the making of a copy of the computer program if—

• (a) The copy is made by or on behalf of the lawful user of the copy of the program (in this section referred to as the original copy) from which the first-mentioned copy is made; and

• (b) The copy is made 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 preserve 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 made pursuant to subsection (1) of this section shall be deemed 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 computer program—

• (a) From an infringing copy of the computer program; or

• (b) Contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the lawful user of the original copy not later than the time when the lawful user of the original copy acquired that original copy.

(4) For the purposes of this section,—

• (a) A reference to a computer program includes a reference to an adaptation of that program; 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 material form; and

• (c) A reference to an express direction, in relation to a copy of a computer program, includes a reference to a clearly legible direction printed on the copy or on a package in which the copy is supplied.

(1) It is not an infringement of 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 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 solely for the purposes of the club, society, or organisation.

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.

(1) 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 complaints 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.

(1) 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 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 necessary—

  • (i) To enable the recording to be viewed or listened to at a more convenient time; and

  • (ii) If the person who viewed or listened to the recording wishes to make a complaint, to enable that person to prepare and despatch a complaint, including the recording, to any person or body having responsibility for dealing with complaints about the content of broadcasts or cable programmes 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.

(1) This section applies where, under an assignment or licence, a person is authorised to broadcast or include in a cable programme 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 complied with, do or authorise the doing of any of the following acts for the purposes of the broadcast or cable programme:

• (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 of 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—

• (a) That the recording, film, photograph, or copy is not used for any other purpose; and

• (b) That the recording, film, photograph, 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 programme, unless the Minister has authorised the preservation of any recording, film, photograph, or copy in the records of a government department or in Archives New Zealand (Te Rua Mahara o te Kawanatanga) because of its documentary character or exceptional importance.

(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.

Copyright in—

• (a) A television broadcast or cable programme; or

• (b) Any film included in that broadcast or programme—

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 of such a photograph.

(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 programme 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—

• (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 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 hotel, motel, 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 following 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, motel, 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 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.

(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 transmission 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 copyright in—

• (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 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 accommodation of a temporary nature):

• (b) Persons admitted as members 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 cable programme service was an infringement of the copyright in a sound recording or film, the fact that the broadcast or programme 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 infringement.

(1) This section applies where a broadcast made from a place in New Zealand is, by reception and immediate retransmission, included in a cable programme service.

(2) Where this section applies,—

• (a) Copyright in the broadcast is not infringed if and to the extent that the broadcast—

  • (i) Is made for reception in the area in which the cable programme service is provided; and

  • (ii) Is not a satellite transmission 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 made for reception in the area in which the cable programme service is provided:

• (c) Where the making of the broadcast was an infringement of the copyright in any work included in the broadcast, the fact that the broadcast was retransmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.

(3) This section does not apply if or to the extent that licences authorising the reception and immediate retransmission of a broadcast and any work included in the broadcast are available to the person providing the cable programme service under a licensing scheme and the person providing the cable programme service knew that fact.

(1) A body prescribed by regulations made under this Act may, 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 copies of television broadcasts or cable programmes and issue copies to the public, without infringing any copyright in the broadcasts or programmes or works included in those broadcasts or programmes.

(2) A body shall not be prescribed for the purposes of subsection (1) of this section if it is established or conducted for profit.

(1) A recording of a broadcast or cable programme of a class prescribed by regulations made under this Act, or a copy of such a recording, may be made for the purpose of being placed in an archive maintained by a body prescribed by regulations made under this Act, without infringing copyright in the broadcast or programme or in any work included in the broadcast or programme.

(2) A body shall not be prescribed for the purposes of subsection (1) of this section if it is established or conducted for profit.

(1) A person who—

• (a) Makes a recording of a broadcast or cable programme, being a broadcast or cable programme 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 programme, 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.

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.

(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 establishments 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):

• (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):

• (j) Section 58 (which relates to copying by the Parliamentary Library for members of Parliament):

• (k) Section 69 (which relates to the provision of Braille copies of literary or dramatic works):

• (l) 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 term dealt with means—

• (a) Sold or let for hire in the course of a business or otherwise; or

• (b) Offered or exposed for sale or hire in the course of a business.

(1) Subject to section 97 of this Act,—

• (a) The author of a literary, dramatic, 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 circumstances 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 music) or a dramatic work has the right to be identified as the author of the work whenever—

• (a) The work is published commercially, performed in public, broadcast, or included in a cable programme; or

• (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 commercially; or

• (b) Copies of a sound recording of the work are issued to the public; or

• (c) A film whose sound-track includes the work is shown in public; or

• (d) Copies of such a film are issued to the public.

(5) The author of—

• (a) A musical work; or

• (b) A literary work consisting of words intended to be sung or spoken with music—

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 (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 model 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 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 in a cable programme; or

• (b) Copies of the film are issued to the public.

(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) In the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building:

• (c) In any other 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 performance, 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 pseudonym, initials, or some other particular form of identification, that form shall be used, but, in any other case, any reasonable form of identification may be used.

(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.

(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 in writing signed by the author or director.

(3) The right may be asserted in 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.

(5) In an action for infringement of the right, the court shall, in considering remedies, take into account any delay in asserting the right.

(1) 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, in—

• (a) A newspaper, magazine, or similar periodical; or

• (b) An encyclopedia, 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—

• (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.

(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 section 100 and 101 of this Act,—

• (a) The author of a literary, dramatic, musical, or artistic work that is a copyright work; and

• (b) The director of a film that is a copyright work—

has the right not to have his or her work subjected to a derogatory treatment.

(1) In the case of a literary, dramatic, or musical work, the right conferred by section 98(2) of this Act is infringed by a person who—

• (a) Publishes commercially, performs 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 commercially or exhibits in public a derogatory treatment of the work, or broadcasts or includes in a cable programme a visual image of a derogatory treatment of the work; or

• (b) Shows in public a film that includes a visual image of a derogatory treatment 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 model for a building; or

  • (iii) A work of artistic craftsmanship,—

  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 film, 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 programme a derogatory treatment of the film; or

• (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) Offers 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.

(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, in—

• (a) A newspaper, magazine, 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.

(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 imposed by or under any enactment—

if,—

• (c) Where the author 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 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 time 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 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

• (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 time of the act, that the work has been subjected to treatment to which the author has not consented.

(1) The right conferred by section 98(2) of this Act is, in relation to films, 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 relation to the inclusion of a film in a cable programme service,—

  • (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—

if,—

• (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 film has been subjected to treatment to which the director has not consented; or

• (d) 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.

(4) The right does not apply to any act done, by or with the licence of the copyright owner, in relation to—

• (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 infringed 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, in relation to the broadcast of a film or the inclusion of a film in a cable programme service, where the person making the broadcast or including the film 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 programmes that may 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 advertisement for the showing of a film.

(1) In this section, the term attribution, in relation to a literary, dramatic, musical, or artistic work or a film, 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

  • (iii) Includes the work in a cable programme,—

  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

  • (iii) 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

  • (ii) A film—

  in or on which there is a false attribution; or

• (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 film—

  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.

(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.

(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.

(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.

(1) 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 author parted with possession of the work falsely represented 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 the 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,—

• (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.

(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):

• (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.

(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):