75 Special exception from protection of artistic work that has been applied industrially

(1)

The making of—

(a)

any object in 3 dimensions; or

(b)

subject to subsection (3), 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), in the case of any other artistic work, more than 16 years before the object or copy is made.

(2)

Subsection (1) 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) 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), 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 1 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)

1 or more objects in 3 dimensions manufactured in lengths for the purposes of sale or hire.

(5)

For the purposes of subsection (4), 2 or more copies in 3 dimensions that are of the same general character and intended for use together are a single copy.

Compare: 1962 No 33 s 20B; 1985 No 134 s 5