Copyright Act 1994

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
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Reprint as at 14 November 2018

Coat of Arms of New Zealand

Copyright Act 1994

Public Act
1994 No 143
Date of assent
15 December 1994
see section 1(2)

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


1Short Title and commencement
3Associated definitions for communication works
4Meaning of cable programme service, and associated definitions [Repealed]
5Meaning of author
6Meaning of work of joint authorship
7Meaning of unknown authorship
8Meaning of copyright owner
9Meaning of issue to the public
10Meaning of publication
11Meaning of commercial publication
12Meaning of infringing copy
13Act to bind the Crown
14Copyright in original works
15Recording necessary for some works
16Acts restricted by copyright
17Qualification for copyright
18Qualification by reference to author
19Qualification by reference to country of first publication
20Qualification by reference to origin of communication work
21First ownership of copyright
22Duration of copyright in literary, dramatic, musical, or artistic works
23Duration of copyright in sound recordings and films
24Duration of copyright in communication works
25Duration of copyright in typographical arrangement of published editions
26Crown copyright
27No copyright in certain works
28Copyright vesting in certain international organisations
29Infringement of copyright
30Infringement by copying
31Infringement by issue of copies to public
32Infringement by performance or playing or showing in public
33Infringement by communicating to public
34Infringement by making adaptation or act done in relation to adaptation
35Infringement by importation
36Possessing or dealing with infringing copy
37Providing means for making infringing copies
38Permitting use of premises for infringing performance
39Provision of apparatus for infringing performance, etc
40Provisions to be construed independently
41Incidental copying of copyright work
42Criticism, review, and news reporting
43Research or private study
43ATransient reproduction of work
44Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements
44AStoring copies for educational purposes
45Copying for educational purposes of films and sound recordings
46Anthologies for educational use
47Performing, playing, or showing work in course of activities of educational establishment
48Copying and communication of communication work for educational purposes
49Things done for purposes of examination
51Copying by librarians of parts of published works
52Copying by librarians of articles in periodicals
53Copying by librarians for users of other libraries
54Copying by librarians for collections of other libraries
55Copying by librarians or archivists to replace copies of works
56Copying by librarians or archivists of certain unpublished works
56ALibrary or archive may communicate digital copy to authenticated users
56BAdditional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56
56CAdditional condition for making digital copies under section 53 or 54
57Playing or showing sound recordings or films
57AMaking archived works available for public viewing
58Copying by Parliamentary Library for members of Parliament
59Parliamentary and judicial proceedings
60Royal commissions and statutory inquiries
61Material open to public inspection or on official register
62Material communicated to the Crown in course of public business
63Use of copyright material for services of the Crown
64Rights of third parties in respect of Crown use
65Proceedings against the Crown
66Acts done under statutory authority
67Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works
68Use of recording of spoken words in certain cases
69Provision of Braille copies of literary or dramatic works
70Public reading or recitation
71Abstracts of scientific or technical articles
72Recordings of folk songs
73Representation of certain artistic works on public display
74Special exception from protection of literary or artistic works
75Special exception from protection of artistic work that has been applied industrially
76Special exception from protection of literary and artistic works relating to medicines
77Making of subsequent works by same artist
78Reconstruction of buildings
79Rental by educational establishments and libraries
80Back-up copy of computer program
80ADecompilation of computer program
80BCopying or adapting computer program if necessary for lawful use
80CObserving, studying, or testing of computer program
80DCertain contractual terms relating to use of computer programs have no effect
81Playing of sound recordings for purposes of club, society, etc
81ACopying sound recording for personal use
82Recording for purposes of maintaining standards in programmes
83Recording for purposes of complaining
84Recording for purposes of time shifting
85Incidental recording for purposes of communication
86Photographs of television broadcasts or cable programmes [Repealed]
87Free public playing or showing of communication work
87AFree public playing or showing of communication work that is simultaneous with reception
87BAssessment of damages for infringement of copyright in sound recording or film
88Reception and retransmission of broadcast in cable programme service
89Provision of subtitled copies of communication work
90Recording for archival purposes
91Recording by media monitors
92AInternet service provider must have policy for terminating accounts of repeat infringers [Repealed]
92BInternet service provider liability if user infringes copyright
92CInternet service provider liability for storing infringing material
92DRequirements for notice of infringement
92EInternet service provider does not infringe copyright by caching infringing material
93Subsequent dealings with copies made under this Part
94Right to be identified as author or director
95Content of right to be identified
96Right must be asserted
97Exceptions to right to be identified
98Right to object to derogatory treatment of work
99Content of right to object to derogatory treatment
100Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work
101Exceptions to right to object to derogatory treatment of films
102False attribution of identity of author or director
103False representation as to literary, dramatic, or musical work
104False representations as to artistic work
105Right to privacy of certain photographs and films
106Duration of rights
107Consent and waiver of rights
108Application of provisions to joint works other than films
109Application of provisions to joint works that are films
110Application of provisions to parts of works
112Warranty implied in certain licences
112ADamages for falsely claiming copyright ownership or licence
112BProvisions of sections 112 and 112A to have effect no matter what licence says
113Transmission of copyright
115Copyright to pass under will with unpublished works
116Future copyright
117Right to make conditions in respect of certain unpublished works
118Moral rights not assignable
119Transmission of moral rights on death
120Infringement actionable by copyright owner
121Provisions as to damages in infringement proceedings
122Order for delivery up in civil proceedings
122AInterpretation for sections 122B to 122U
122BOverview of infringing file sharing regime
122CIPAPs to send infringement notices
122DDetection notices
122EWarning notices
122FEnforcement notices
122GChallenging infringement notices
122HEffect of challenge to, and cancellation of, infringement notice
122IEnforcement action after issue of enforcement notice
122JApplication to Tribunal
122KNotice of proceedings
122LDecisions generally made on papers and without hearing
122MIf hearing is held
122NInfringement notice as evidence of copyright infringement
122OTribunal order requiring payment to rights owner
122PCourt order suspending account holder’s account
122QOrder requiring IPAP to disclose account holder details
122RSuspension orders and orders under section 122Q not available until date set by Order in Council
122SApplication of section 122C to cellular mobile networks
122TObligations of IPAPs
122UFees payable by rights owners to IPAPs
123Rights and remedies of exclusive licensee
124Exercise of concurrent rights
125Infringement of moral rights actionable
126Presumptions relevant to literary, dramatic, musical, or artistic works
127Presumptions relevant to certain artistic works
128Presumptions relevant to computer programs, sound recordings, and films
129Presumptions relevant to works subject to Crown copyright
130Unjustified proceedings
131Criminal liability for making or dealing with infringing objects
131ATime for laying information [Repealed]
132Order for delivery up in criminal proceedings
133Liability of officers of body corporate
133AEvidence in proceedings
134Order as to disposal of infringing copy or other object
134AChief executive may appoint enforcement officers
134BAuthority to act as enforcement officer
134CFunctions of enforcement officer
134DEnforcement officer’s power of entry and examination without warrant
134EWhat enforcement officer and person assisting may do when exercising power of entry and examination without warrant
134FEnforcement officer or member of Police may apply for search warrant
134GApplication for search warrant
134HMode of application for search warrant
134IForm and content of search warrant
134JTransmission of search warrant
134KRetention of documents
134LWhen search warrant is executed
134MPowers of entry and search under warrant
134NPowers of persons called to assist
134OApplication of sections 134P to 134S
134PPowers and duties of person exercising power of entry and search or power of entry and examination
134QInventory of things seized
134RCompliance with certain provisions may be deferred in certain circumstances
134SFurther extension to, or dispensation from, obligation to comply with certain provisions
134TPeriod things seized may be retained
134UApplication for order to return things seized
134VDisposal of things seized
134WDisposal of perishable things
134XEnforcement officer may apply for production order
134YJudge may order documents to be produced
134ZPowers of enforcement officer to whom documents produced
134ZAOffence of failing to comply with order to produce documents
134ZBPowers of Police
134ZCPrivilege against self-incrimination
134ZDOther privileges
134ZEDisclosure of information
134ZFNo liability if functions performed or powers exercised in good faith
136Notice may be given to chief executive
136AChief executive may suspend accepted notice
136BNotice of suspension
136CChief executive may reinstate accepted notice
136DDuration of accepted notice
137Determination whether item is pirated copy
138Limitations on requirement to supply information
139Notice of determination
140Detention of pirated copy
141AForfeiture of goods by consent
142Powers of court
143Inspection of item
144Customs officer may seize goods in control of Customs
144AChief executive may require person to produce documents concerning goods in control of Customs
144BChief executive may require person to appear and answer questions concerning goods in control of Customs
144CCustoms officer may apply for production order
144DJudge may order documents to be produced
144EPowers of Customs officer to whom documents produced
144FIssue of search warrants to Customs officers
144GPrivilege against self-incrimination
144HOther privileges
145Delegation of powers, duties, and functions
146Protection of persons acting under authority of Act
147Works of more than 1 author
148Licensing schemes to which sections 149 to 155 apply
149Reference of proposed licensing scheme to Tribunal
150Reference of licensing scheme to Tribunal
151Further reference of scheme to Tribunal
152Effect of order of Tribunal made on reference
153Application for grant of licence in connection with licensing scheme
154Application for review of order as to entitlement to licence
155Effect of order of Tribunal made on application
156Licences to which sections 157 to 160 apply
157Reference to Tribunal of proposed licence
158Reference to Tribunal of expiring licence
159Application for review of order as to licence
160Effect of order of Tribunal as to licence
161Unreasonable discrimination
162Licences for reprographic copying
163Licences for educational establishments in respect of works included in communication works
164Licences to reflect conditions imposed by promoters of events
165Licences to reflect payments in respect of underlying rights
166Licences in respect of works included in retransmissions
167Implied indemnity in certain schemes and licences for reprographic copying
168Determination of equitable remuneration
171Consent required for recording or live transmission of performance
172Infringement by use of recording made without performer’s consent
173Copying of recordings
174Infringement by importing, possessing, or dealing with illicit recording
175Incidental copying of performance or recording
175ATransient reproduction of recording of performance
176Permitted acts in relation to performances, criticism, reviews, and news reporting
177Things done for purposes of instruction or examination
178Playing or showing sound recording, film, or communication work at educational establishment
179Recording of communication works by educational establishment
180Subsequent dealings
181Parliamentary and judicial proceedings
182Royal commissions and statutory inquiries
183Acts done under statutory authority
184Use of recordings of spoken works in certain cases
185Recordings of folk songs
186Playing of sound recordings for purposes of club, society, etc
187Incidental recording for purposes of communication work
188Free public playing or showing of communication work
188AFree public playing or showing of communication work that is simultaneous with reception
188BAssessment of damages for infringement of rights under this Part in relation to performance or recording
189Reception and retransmission of broadcast in cable programme service [Repealed]
190Provision of subtitled copies of communication work
191Recording of communication work for archival purposes
192Power of Tribunal to give consent on behalf of performer
193Duration of rights
194Transmission of rights
196Proceedings for infringement of performers’ rights
197Order for delivery up in civil proceedings
198Criminal liability for making, dealing with, using, or copying illicit recordings
199Order for delivery up in criminal proceedings
200False representation of authority to give consent
201Liability of officers of body corporate
202Order as to disposal of illicit recording
203Application of this Part to convention countries [Repealed]
204Application of Part 9 to other entities
205Copyright Tribunal
206Membership of Tribunal
207Term of office of members of Tribunal
208Vacation of office
209Appointment of temporary acting chairperson or members
210Remuneration and travelling allowances
211Jurisdiction of Tribunal
211AOrderly and efficient operation
212Parties to proceedings
214Procedure of Tribunal
214ATribunal may strike out, determine, or adjourn proceeding
215Evidence in proceedings before Tribunal
216Witness summons
217Service of summons
218Witnesses’ allowances
219Privileges and immunities
220Non-attendance or refusal to co-operate
221Contempt of Tribunal
222APower to award interest
223Stating case for High Court
224Appeal on question of law
224APractice notes
225Rights and privileges under other enactments or common law
226Definitions of TPM terms
226AProhibited conduct in relation to technological protection measure
226BRights of issuer of TPM work
226COffence of contravening section 226A
226DWhen rights of issuer of TPM work do not apply
226EUser’s options if prevented from exercising permitted act by TPM
226FMeaning of copyright management information
226GInterference with CMI prohibited
226HCommercial dealing in work subject to CMI interference
226IContravention of section 226G or 226H
226JOffence of dealing in work subject to CMI interference
227Offence of fraudulently receiving programmes
228Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions
229Supplementary provisions as to fraudulent reception
230Application to convention countries
231Expenditure or liability incurred in connection with copyright work
232Application of Act (other than Part 9) to other entities
233Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works
235Transitional provisions and savings
236Consequential amendments and repeals
Reprint notes

An Act to consolidate and amend the law relating to copyright