New Zealand Legislation: Acts

26 Crown copyright

• (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.

  Compare: Copyright, Designs and Patents Act 1988, s 163 (UK); 1962 No 33 s 52