Copyright Act 1994

63 Use of copyright material for services of the Crown

• (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), 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) applies shall—

  • (a) constitute publication of a work; or

  • (b) affect the term of copyright in a work.

  Compare: 1962 No 33 s 53(1), (3), (4)