Copyright Act 1994

Libraries and archives

50 Interpretation

(1)

In sections 51 to 56C, unless the context otherwise requires,—

archive—

(a)

means—

(i)

Archives New Zealand (Te Rua Mahara o te Kāwanatanga); or

(ii)

the National Library; or

(iii)

the sound archive maintained by Radio New Zealand Limited; or

(iv)

the film archive maintained by Television New Zealand Limited; or

(v)

the film archive maintained by the New Zealand Film Archive Incorporated; or

(vi)

any collection of documents (within the meaning of section 2 of the Official Information Act 1982) of historical significance or public interest that is in the custody of and being maintained by a body, whether incorporated or unincorporated, that does not keep and maintain the collection for the purpose of deriving a profit; and

(b)

includes, in relation only to its holding of public archives (within the meaning of section 4 of the Public Records Act 2005), an approved repository within the meaning of that section of that Act

prescribed library means—

(a)

the National Library; or

(b)

the Parliamentary Library; or

(c)

every law library provided and maintained under section 375(1) of the Lawyers and Conveyancers Act 2006 or provided and maintained by the New Zealand Law Society; or

(d)

a library maintained by an educational establishment, government department, or local authority; or

(e)

a library of any other class of library prescribed by regulations made under this Act, not being a library conducted for profit.

(2)

In sections 51 to 56C, every reference to the librarian of a prescribed library or the archivist of an archive shall be read as including a person acting on behalf of the librarian or archivist.

Compare: Copyright, Designs and Patents Act 1988 s 37(6) (UK)

Section 50(1): amended, on 31 October 2008, by section 30 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 50(1) archive paragraph (a)(i): substituted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

Section 50(1) archive paragraph (b): substituted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

Section 50(1) prescribed library paragraph (c): substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Section 50(1) prescribed library paragraph (c): amended, on 7 July 2010, by section 4 of the Copyright Amendment Act 2010 (2010 No 55).

Section 50(2): amended, on 31 October 2008, by section 30 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).