New Zealand Legislation: Acts

10 Meaning of publication

• (1) In this Act, the term publication, in relation to a work,—

  • (a) Means the issue of copies of the work to the public; and

  • (b) Includes, in the case of a literary, dramatic, musical, or artistic work, making it available to the public by means of an electronic retrieval system;—

  and publish has a corresponding meaning.

  (2) In the case of a work of architecture in the form of a building, or an artistic work incorporated in a building, construction of the building shall be treated as equivalent to publication of the work.

  (3) References in this Act to publication do not include publication that is not intended to satisfy the reasonable requirements of the public.

  (4) The following acts do not constitute publication for the purposes of this Act:

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

    • (i) The performance of the work; or

    • (ii) the communication of the work to the public (otherwise than for the purposes of an electronic retrieval system):

  • (b) In the case of any artistic work,—

    • (i) The exhibition of the work; or

    • (ii) The issue to the public of copies of a film including the work; or

    • (iii) the communication of the work to the public (otherwise than for the purposes of an electronic retrieval system):

  • (c) In the case of an artistic work being—

    • (i) A sculpture; or

    • (ii) A work of architecture in the form of a building or a model for a building; or

    • (iii) A work of artistic craftsmanship,—

    the issue to the public of copies of a graphic work representing, or of photographs of, the work:

  • (d) In the case of a sound recording or film,—

    • (i) The playing or showing of the work in public; or

    • (ii) the communication of the work to the public.

  (5) No account shall be taken for the purposes of this section of any unauthorised act.

  Compare: Copyright, Designs and Patents Act 1988, s 175(1), (3)-(6) (UK); 1962 No 33 s 3(1), (2), (5), (6)

  Section 10(4)(a)(ii): amended, on 31 October 2008, by section 9(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 10(4)(b)(iii): amended, on 31 October 2008, by section 9(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 10(4)(d)(ii): substituted, on 31 October 2008, by section 9(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).