Copyright Act 1994

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Reprint as at 7 August 2020

Copyright Act 1994

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

Note

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.

	Title
1	Short Title and commencement
2	Interpretation
3	Associated definitions for communication works
4	Meaning of cable programme service, and associated definitions [Repealed]
5	Meaning of author
6	Meaning of work of joint authorship
7	Meaning of unknown authorship
8	Meaning of copyright owner
9	Meaning of issue to the public
10	Meaning of publication
11	Meaning of commercial publication
12	Meaning of infringing copy
13	Act to bind the Crown
	Part 1 Description, ownership, and duration of copyright
	Description of copyright
14	Copyright in original works
15	Recording necessary for some works
16	Acts restricted by copyright
	Qualification for copyright
17	Qualification for copyright
18	Qualification by reference to author
19	Qualification by reference to country of first publication
20	Qualification by reference to origin of communication work
	Ownership of copyright
21	First ownership of copyright
	Duration of copyright
22	Duration of copyright in literary, dramatic, musical, or artistic works
23	Duration of copyright in sound recordings and films
24	Duration of copyright in communication works
25	Duration of copyright in typographical arrangement of published editions
	Crown copyright
26	Crown copyright
27	No copyright in certain works
28	Copyright vesting in certain international organisations
	Part 2 Infringement of copyright
	Primary infringement of copyright
29	Infringement of copyright
30	Infringement by copying
31	Infringement by issue of copies to public
32	Infringement by performance or playing or showing in public
33	Infringement by communicating to public
34	Infringement by making adaptation or act done in relation to adaptation
	Secondary infringement of copyright
35	Infringement by importation
36	Possessing or dealing with infringing copy
37	Providing means for making infringing copies
38	Permitting use of premises for infringing performance
39	Provision of apparatus for infringing performance, etc
	Part 3 Acts permitted in relation to copyright works
40	Provisions to be construed independently
41	Incidental copying of copyright work
42	Criticism, review, and news reporting
43	Research or private study
43A	Transient reproduction of work
	Education
44	Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements
44A	Storing copies for educational purposes
45	Copying for educational purposes of films and sound recordings
46	Anthologies for educational use
47	Performing, playing, or showing work in course of activities of educational establishment
48	Copying and communication of communication work for educational purposes
49	Things done for purposes of examination
	Libraries and archives
50	Interpretation
51	Copying by librarians of parts of published works
52	Copying by librarians of articles in periodicals
53	Copying by librarians for users of other libraries
54	Copying by librarians for collections of other libraries
55	Copying by librarians or archivists to replace copies of works
56	Copying by librarians or archivists of certain unpublished works
56A	Library or archive may communicate digital copy to authenticated users
56B	Additional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56
56C	Additional condition for making digital copies under section 53 or 54
57	Playing or showing sound recordings or films
57A	Making archived works available for public viewing
	Public administration
58	Copying by Parliamentary Library for members of Parliament
59	Parliamentary and judicial proceedings
60	Royal commissions and statutory inquiries
61	Material open to public inspection or on official register
62	Material communicated to the Crown in course of public business
63	Use of copyright material for services of the Crown
64	Rights of third parties in respect of Crown use
65	Proceedings against the Crown
66	Acts done under statutory authority
	Literary, dramatic, musical, or artistic works
67	Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works
68	Use of recording of spoken words in certain cases
69	Authorised entity types
69A	Accessible format copy activities by authorised entity
69B	Accessible format copy activities by person who is not authorised entity
69C	Duties of authorised entity in regard to records and fees
69D	Ministry must publish list of authorised entities on Internet site
70	Public reading or recitation
71	Abstracts of scientific or technical articles
72	Recordings of folk songs
73	Representation of certain artistic works on public display
74	Special exception from protection of literary or artistic works
75	Special exception from protection of artistic work that has been applied industrially
76	Special exception from protection of literary and artistic works relating to medicines
77	Making of subsequent works by same artist
78	Reconstruction of buildings
	Computer programs, sound recordings, and films
79	Rental by educational establishments and libraries
80	Back-up copy of computer program
80A	Decompilation of computer program
80B	Copying or adapting computer program if necessary for lawful use
80C	Observing, studying, or testing of computer program
80D	Certain contractual terms relating to use of computer programs have no effect
81	Playing of sound recordings for purposes of club, society, etc
81A	Copying sound recording for personal use
	Communication works
82	Recording for purposes of maintaining standards in programmes
83	Recording for purposes of complaining
84	Recording for purposes of time shifting
85	Incidental recording for purposes of communication
86	Photographs of television broadcasts or cable programmes [Repealed]
87	Free public playing or showing of communication work
87A	Free public playing or showing of communication work that is simultaneous with reception
87B	Assessment of damages for infringement of copyright in sound recording or film
88	Reception and retransmission of broadcast in cable programme service
89	Provision of subtitled copies of communication work
90	Recording for archival purposes
91	Recording by media monitors
	Adaptations
92	Adaptations
	Internet service provider liability
92A	Internet service provider must have policy for terminating accounts of repeat infringers [Repealed]
92B	Internet service provider liability if user infringes copyright
92C	Internet service provider liability for storing infringing material
92D	Requirements for notice of infringement
92E	Internet service provider does not infringe copyright by caching infringing material
	Subsequent dealings
93	Subsequent dealings with copies made under this Part
	Part 4 Moral rights
	Right to be identified as author or director
94	Right to be identified as author or director
95	Content of right to be identified
96	Right must be asserted
97	Exceptions to right to be identified
	Right to object to derogatory treatment of work
98	Right to object to derogatory treatment of work
99	Content of right to object to derogatory treatment
100	Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work
101	Exceptions to right to object to derogatory treatment of films
	False attribution
102	False attribution of identity of author or director
103	False representation as to literary, dramatic, or musical work
104	False representations as to artistic work
	Right to privacy of certain photographs and films
105	Right to privacy of certain photographs and films
	Supplementary provisions
106	Duration of rights
107	Consent and waiver of rights
108	Application of provisions to joint works other than films
109	Application of provisions to joint works that are films
110	Application of provisions to parts of works
	Part 5 Dealing with rights in copyright works
	Licences to deal with copyright works
111	Licences
112	Warranty implied in certain licences
112A	Damages for falsely claiming copyright ownership or licence
112B	Provisions of sections 112 and 112A to have effect no matter what licence says
	Transmission of copyright
113	Transmission of copyright
114	Assignment
115	Copyright to pass under will with unpublished works
116	Future copyright
117	Right to make conditions in respect of certain unpublished works
	Moral rights
118	Moral rights not assignable
119	Transmission of moral rights on death
	Part 6 Remedies for infringement
	Rights and remedies of copyright owner
120	Infringement actionable by copyright owner
121	Provisions as to damages in infringement proceedings
122	Order for delivery up in civil proceedings
	Infringing file sharing
122A	Interpretation for sections 122B to 122U
122B	Overview of infringing file sharing regime
122C	IPAPs to send infringement notices
122D	Detection notices
122E	Warning notices
122F	Enforcement notices
122G	Challenging infringement notices
122H	Effect of challenge to, and cancellation of, infringement notice
122I	Enforcement action after issue of enforcement notice
122J	Application to Tribunal
122K	Notice of proceedings
122L	Decisions generally made on papers and without hearing
122M	If hearing is held
122N	Infringement notice as evidence of copyright infringement
122O	Tribunal order requiring payment to rights owner
122P	Court order suspending account holder’s account
122Q	Order requiring IPAP to disclose account holder details
122R	Suspension orders and orders under section 122Q not available until date set by Order in Council
122S	Application of section 122C to cellular mobile networks
122T	Obligations of IPAPs
122U	Fees payable by rights owners to IPAPs
	Rights and remedies of exclusive licensee
123	Rights and remedies of exclusive licensee
124	Exercise of concurrent rights
	Rights and remedies in relation to moral rights
125	Infringement of moral rights actionable
	Presumptions
126	Presumptions relevant to literary, dramatic, musical, or artistic works
127	Presumptions relevant to certain artistic works
128	Presumptions relevant to computer programs, sound recordings, and films
129	Presumptions relevant to works subject to Crown copyright
130	Unjustified proceedings
	Offences
131	Criminal liability for making or dealing with infringing objects
131A	Time for laying information [Repealed]
132	Order for delivery up in criminal proceedings
133	Liability of officers of body corporate
133A	Evidence in proceedings
	Disposal of infringing copy or other object
134	Order as to disposal of infringing copy or other object
	Part 6A Enforcement officers
	Appointment and functions of enforcement officers
134A	Chief executive may appoint enforcement officers
134B	Authority to act as enforcement officer
134C	Functions of enforcement officer
	Enforcement officer’s power of entry and examination without warrant
134D	Enforcement officer’s power of entry and examination without warrant
134E	What enforcement officer and person assisting may do when exercising power of entry and examination without warrant
	Entry and search under search warrant
134F	Enforcement officer or member of Police may apply for search warrant
134G	Application for search warrant
134H	Mode of application for search warrant
134I	Form and content of search warrant
134J	Transmission of search warrant
134K	Retention of documents
134L	When search warrant is executed
134M	Powers of entry and search under warrant
134N	Powers of persons called to assist
	General provisions that apply to powers of entry and search and entry and examination
134O	Application of sections 134P to 134S
134P	Powers and duties of person exercising power of entry and search or power of entry and examination
134Q	Inventory of things seized
134R	Compliance with certain provisions may be deferred in certain circumstances
134S	Further extension to, or dispensation from, obligation to comply with certain provisions
	Provisions relating to things seized
134T	Period things seized may be retained
134U	Application for order to return things seized
134V	Disposal of things seized
134W	Disposal of perishable things
	Other powers of enforcement officers
134X	Enforcement officer may apply for production order
134Y	Judge may order documents to be produced
134Z	Powers of enforcement officer to whom documents produced
134ZA	Offence of failing to comply with order to produce documents
	Powers of Police
134ZB	Powers of Police
	Miscellaneous
134ZC	Privilege against self-incrimination
134ZD	Other privileges
134ZE	Disclosure of information
134ZF	No liability if functions performed or powers exercised in good faith
	Part 7 Border protection measures
135	Definitions
135A	Detention of items suspected of being pirated copies
135B	Notice
135C	Release of items
136	Notice may be given to chief executive
136A	Chief executive may suspend accepted notice
136B	Notice of suspension
136C	Chief executive may reinstate accepted notice
136D	Duration of accepted notice
137	Determination whether item is pirated copy
138	Limitations on requirement to supply information
139	Notice of determination
140	Detention of pirated copy
141	Proceedings
141A	Forfeiture of goods by consent
142	Powers of court
143	Inspection of item
	Enforcement powers of Customs officers
144	Customs officer may seize goods in control of Customs
144A	Chief executive may require person to produce documents concerning goods in control of Customs
144B	Chief executive may require person to appear and answer questions concerning goods in control of Customs
144C	Customs officer may apply for production order
144D	Judge may order documents to be produced
144E	Powers of Customs officer to whom documents produced
144F	Issue of search warrants to Customs officers
144G	Privilege against self-incrimination
144H	Other privileges
144I	Offences
	Miscellaneous matters
145	Delegation of powers, duties, and functions
146	Protection of persons acting under authority of Act
	Part 8 Copyright licensing
147	Works of more than 1 author
	References and applications with respect to licensing schemes
148	Licensing schemes to which sections 149 to 155 apply
	References with respect to licensing schemes
149	Reference of proposed licensing scheme to Tribunal
150	Reference of licensing scheme to Tribunal
151	Further reference of scheme to Tribunal
152	Effect of order of Tribunal made on reference
	Applications with respect to licensing schemes
153	Application for grant of licence in connection with licensing scheme
154	Application for review of order as to entitlement to licence
155	Effect of order of Tribunal made on application
	References and applications with respect to licensing by licensing bodies
156	Licences to which sections 157 to 160 apply
157	Reference to Tribunal of proposed licence
158	Reference to Tribunal of expiring licence
159	Application for review of order as to licence
160	Effect of order of Tribunal as to licence
	Factors to be taken into account in certain classes of cases
161	Unreasonable discrimination
162	Licences for reprographic copying
163	Licences for educational establishments in respect of works included in communication works
164	Licences to reflect conditions imposed by promoters of events
165	Licences to reflect payments in respect of underlying rights
166	Licences in respect of works included in retransmissions
	Implied indemnity in schemes or licences for reprographic copying
167	Implied indemnity in certain schemes and licences for reprographic copying
168	Determination of equitable remuneration
	Part 9 Performers’ rights
169	Interpretation
170	General provisions relating to performers’ rights
	Subpart 1—Performers’ moral rights
	Right to be identified
170A	Right to be identified as performer
170B	Content of right to be identified as performer
170C	Right to be identified as performer must be asserted
170D	Exceptions to right to be identified as performer
	Right relating to derogatory treatment of performance
170E	Right relating to derogatory treatment of performance
170F	Content of right relating to derogatory treatment of performance
170G	Exceptions to right relating to derogatory treatment of performance
	Other provisions relating to moral rights
170H	Consent and waiver of rights
170I	Application to parts of performances
	Subpart 2—Consent required for recording, live transmission, or use of recording of performance
	Performers’ rights [Repealed]
171	Consent required for recording or live transmission of performance
172	Infringement by use of recording made without performer’s consent
	Subpart 3—Performers’ rights relating to film
173	Copying of film recordings
174	Infringement by importing, possessing, or dealing with illicit recording
	Subpart 4—Performers’ property rights relating to sound recordings
174A	Application
174B	Consent required for making sound recording available to public
174C	Consent required for copying of sound recording
174D	Consent required for issue of copies to public
	Subpart 5—Acts permitted in relation to performances
	Acts permitted in relation to performances [Repealed]
175	Incidental copying of performance or recording
175A	Transient reproduction of recording of performance
176	Permitted acts in relation to performances, criticism, reviews, and news reporting
177	Things done for purposes of instruction or examination
178	Playing or showing sound recording, film, or communication work at educational establishment
179	Recording of communication works by educational establishment
180	Subsequent dealings
181	Parliamentary and judicial proceedings
182	Royal commissions and statutory inquiries
183	Acts done under statutory authority
184	Use of recordings of spoken works in certain cases
185	Recordings of folk songs
186	Playing of sound recordings for purposes of club, society, etc
187	Incidental recording for purposes of communication work
188	Free public playing or showing of communication work
188A	Free public playing or showing of communication work that is simultaneous with reception
188B	Assessment of damages for infringement of rights under subparts 2 to 4 in relation to performance or recording
189	Reception and retransmission of broadcast in cable programme service [Repealed]
190	Provision of subtitled copies of communication work
191	Recording of communication work for archival purposes
192	Power of Tribunal to give consent on behalf of performer
192A	Other acts permitted in relation to performers’ property rights
	Subpart 6—Miscellaneous provisions
	Duration and transmission of rights
193	Duration of rights
194	Transmission of performers’ rights
194A	Moral rights not assignable
194B	Transmission of moral rights on death
194C	Performers’ rights relating to consent for recording or live transmission and to film recordings not assignable
194D	Transmission of performers’ rights relating to consent for recording or live transmission and to film recordings on death
194E	Transmission of performers’ property rights
194F	Assignment
194G	Performers’ property rights to pass under will with unpublished original recording
194H	Future property rights
	Licences
194I	Licences
194J	Rights and remedies of exclusive licensee
194K	Exercise of concurrent rights
	Consent and waiver
195	Consent and waiver
	Remedies for infringement
196	Proceedings for infringement of performers’ rights
196A	Proceedings against the Crown
197	Order for delivery up in civil proceedings
	Presumptions
197A	Presumptions relevant to performances
	Offences
198	Criminal liability for making, dealing with, using, or copying illicit recordings
199	Order for delivery up in criminal proceedings
200	False representation of authority to give consent
201	Liability of officers of body corporate
201A	Evidence in proceedings
202	Order as to disposal of illicit recording
	Application to foreign countries
203	Application of this Part to convention countries [Repealed]
204	Application of Part 9 to other entities
	Part 10 Copyright Tribunal
	Constitution
205	Copyright Tribunal
206	Membership of Tribunal
207	Term of office of members of Tribunal
208	Vacation of office
209	Appointment of temporary acting chairperson or members
209A	Delegation by chairperson of Tribunal
210	Remuneration and travelling allowances
	Jurisdiction and procedure
211	Jurisdiction of Tribunal
211A	Orderly and efficient operation
212	Parties to proceedings
213	Hearing
214	Procedure of Tribunal
214A	Tribunal may strike out, determine, or adjourn proceeding
215	Evidence in proceedings before Tribunal
216	Witness summons
217	Service of summons
218	Witnesses’ allowances
219	Privileges and immunities
220	Non-attendance or refusal to co-operate
221	Contempt of Tribunal
222	Costs
222A	Power to award interest
223	Stating case for High Court
224	Appeal on question of law
	Practice notes, procedural information, and publication of decisions
224A	Practice notes
224B	Online publication of information about procedures, time frames, and progress of decisions
224C	Online publication of final written decisions
	Part 11 Miscellaneous provisions
225	Rights and privileges under other enactments or common law
	Technological protection measures
226	Interpretation for sections 226A to 226E
226A	Prohibited conduct in relation to technological protection measure
226B	Rights of issuer of TPM work
226C	Offence of contravening section 226A
226D	When rights of issuer of TPM work do not apply
226E	User’s options if prevented from exercising permitted act by TPM
	Copyright management information
226F	Meaning of copyright management information
226G	Interference with CMI prohibited
226H	Commercial dealing in work subject to CMI interference
226I	Contravention of section 226G or 226H
226J	Offence of dealing in work subject to CMI interference
227	Offence of fraudulently receiving programmes
228	Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions
	Other countries
229	Supplementary provisions as to fraudulent reception
230	Application to convention countries
231	Expenditure or liability incurred in connection with copyright work
232	Application of Act (other than Part 9) to other entities
233	Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works
234	Regulations
	Transitional provisions and savings
235	Transitional provisions and savings
236	Consequential amendments and repeals
	Schedule 1 Transitional provisions and savings
	Schedule 2 Enactments amended
	Schedule 3 Enactments repealed
	Schedule 4 Regulations revoked
	Reprint notes

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