(1) Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions:

• (a) literary, dramatic, musical, or artistic works:

• (b) sound recordings:

• (c) films:

• (d) communication works:

• (e) typographical arrangements of published editions.

(2) A work is not original if—

• (a) it is, or to the extent that it is, a copy of another work; or

• (b) it infringes the copyright in, or to the extent that it infringes the copyright in, another work.

(3) [Repealed]

(1) Copyright does not exist in a literary or dramatic or musical work unless and until the work is recorded, in writing or otherwise.

(2) It is immaterial for the purposes of subsection (1) whether the work is recorded by or with the consent of the author.

(3) Where a work is not recorded by the author, the question whether copyright exists in the record, as distinct from the work recorded, is not affected by anything in subsection (1).

(1) The owner of the copyright in a work has the exclusive right to do, in accordance with sections 30 to 34, the following acts in New Zealand:

• (a) to copy the work:

• (b) to issue copies of the work to the public, whether by sale or otherwise:

• (c) to perform the work in public:

• (d) to play the work in public:

• (e) To show the work in public:

• (f) to communicate the work to the public:

• (g) to make an adaptation of the work:

• (h) to do any of the acts referred to in any of paragraphs (a) to (f) in relation to an adaptation of the work:

• (i) to authorise another person to do any of the acts referred to in any of paragraphs (a) to (h).

(2) Subsection (1) applies subject to Parts 3 and 8.

(1) Copyright does not exist in a work unless the requirements of section 18 or section 19 or section 20 are satisfied in respect of that work.

(2) Subsection (1) does not apply to copyright that exists by virtue of section 26 or section 28.

(3) If the requirements of section 18 or section 19 or section 20 or section 26 or section 28 are once satisfied in respect of a work, copyright in that work does not cease to exist if any change occurs in any of the circumstances by reason of which those requirements were satisfied.

(4) For the avoidance of doubt, it is hereby declared that where any other provision of this Act imposes requirements, in addition to the requirements of section 18 or section 19 or section 20, that must be satisfied for copyright to exist in a work, copyright does not exist in a work unless the requirements of that provision and the requirements of section 18 or section 19 or section 20 are satisfied in respect of that work.

(1) A work qualifies for copyright if the author is, at the material time,—

• (a) a New Zealand citizen; or

• (b) an individual domiciled or resident in New Zealand; or

• (c) a body incorporated under the law of New Zealand.

(2) A work qualifies for copyright if the author is, at the material time,—

• (a) a citizen or subject of a prescribed foreign country; or

• (b) an individual domiciled or resident in a prescribed foreign country; or

• (c) a body incorporated under the law of a prescribed foreign country.

(3) Subject to subsection (4), a work of joint authorship qualifies for copyright if, at the material time, any of the authors satisfies the requirements of subsection (1) or subsection (2).

(4) Where a work of joint authorship qualifies for copyright under this section alone, only those authors who satisfy the requirements of subsection (1) or subsection (2) shall be taken into account for the purposes of the application, to that work, of the following provisions of this Act:

• (a) section 21 (which relates to the first ownership of copyright):

• (b) subsections (1) and (4) of section 22 (which relate to the duration of copyright in literary, dramatic, musical, or artistic works):

• (c) section 67 (which relates to acts permitted on assumptions as to expiry of copyright or death of the author in relation to anonymous or pseudonymous works).

(1) A work (being a literary, dramatic, musical, or artistic work, a sound recording, a film, or a typographical arrangement of a published edition) qualifies for copyright if it is first published—

• (a) in New Zealand; or

• (b) in a prescribed foreign country.

(2) For the purposes of this section, publication in one country shall not be regarded as other than the first publication by reason of simultaneous publication elsewhere; and for this purpose publication elsewhere within the previous 30 days shall be treated as simultaneous.

A communication work qualifies for copyright if it is made from—

• (a) a place in New Zealand; or

• (b) a place in a prescribed foreign country.

(1) Subject to the provisions of this section, the person who is the author of a work is the first owner of any copyright in the work.

(2) Where an employee makes, in the course of his or her employment, a literary, dramatic, musical, or artistic work, that person's employer is the first owner of any copyright in the work.

(3) Where—

• (a) a person commissions, and pays or agrees to pay for, the taking of a photograph or the making of a computer program, painting, drawing, diagram, map, chart, plan, engraving, model, sculpture, film, or sound recording; and

• (b) the work is made in pursuance of that commission,—

that person is the first owner of any copyright in the work.

(4) Subsections (2) and (3) apply subject to any agreement to the contrary.

(5) Subsections (1) to (4) apply subject to sections 26 and 28.

(1) Subject to the following provisions of this section, copyright in a literary, dramatic, musical, or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies.

(2) If the work is computer-generated, copyright expires at the end of the period of 50 years from the end of the calendar year in which the work is made.

(3) If the work is of unknown authorship, copyright expires at the end of the period of 50 years from the end of the calendar year in which it is first made available to the public by an authorised act.

(4) For the purposes of subsection (3), the circumstances in which a work may be made available to the public include,—

• (a) in the case of a literary, dramatic, or musical work,—

  • (i) performance in public:

  • (ii) communication to the public:

• (b) in the case of an artistic work,—

  • (i) exhibition in public:

  • (ii) the playing or showing in public of a film that includes the work:

  • (iii) communication to the public.

(5) If—

• (a) a work is of unknown authorship; and

• (b) copyright in the work has expired pursuant to subsection (3); and

• (c) the identity of the author becomes known after the copyright has expired,—

subsection (1) does not apply to revive copyright in the work.

(6) In relation to a work of joint authorship,—

• (a) the reference in subsection (1) to the death of the author shall be construed,—

  • (i) if the identity of all the authors is known, as a reference to the last of them to die:

  • (ii) if the identity of one or more, but not all, of the authors is known, as a reference to the death of the last of the authors whose identity is known; and

• (b) the reference in subsection (5) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known.

(7) This section does not apply to copyright in a work to which section 26 or section 28 applies.

(1) Copyright in a sound recording or film expires—

• (a) at the end of the period of 50 years from the end of the calendar year in which the work is made; or

• (b) if it is made available to the public by an authorised act before the end of that period, 50 years from the end of the calendar year in which it is so made available,—

whichever is the later.

(2) For the purposes of subsection (1), a sound recording or film is made available to the public when—

• (a) the work is first—

  • (i) published; or

  • (ii) communicated to the public; or

• (b) in the case of a film or film sound track,—

  • (i) the work is first shown in public; or

  • (ii) the work is first played in public.

(1) Copyright in a communication work expires at the end of the period of 50 years from the end of the calendar year in which the communication work is first communicated to the public.

(2) Copyright in a repeated communication work expires at the same time as copyright in the initial communication work expires.

(3) There is no copyright in a repeated communication work that is communicated to the public after copyright in the initial communication work has expired.

Copyright in a typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition is first published.

(1) Where a work is made by a person employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services,—

• (a) the work qualifies for copyright notwithstanding section 17(1); and

• (b) the Crown is the first owner of any copyright in the work.

(2) Copyright in such a work is referred to in this Act as Crown copyright, notwithstanding that such copyright is assigned to another person.

(3) Crown copyright shall expire,—

• (a) in the case of a typographical arrangement of a published edition, at the end of the period of 25 years from the end of the calendar year in which the work is made:

• (b) in the case of any other work, at the end of the period of 100 years from the end of the calendar year in which the work is made.

(4) In the case of a work of joint authorship where one or more, but not all, of the authors are persons employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services, this section applies only in relation to those authors and the copyright existing by virtue of their contribution to the work.

(5) Subject to this section and to any other express provision of this Act, the provisions of this Act apply in relation to Crown copyright as to other copyright.

(6) Subsection (1) applies subject to any agreement to the contrary.

(7) This section is subject to section 27.

(1) No copyright exists in any of the following works, whenever those works were made:

• (a) any Bill introduced into the House of Representatives:

• (b) any Act as defined in section 4 of the Acts Interpretation Act 1924:

• (c) any regulations:

• (d) any bylaw as defined in section 2 of the Bylaws Act 1910:

• (e) the New Zealand Parliamentary Debates:

• (f) reports of select committees laid before the House of Representatives:

• (g) judgments of any court or tribunal:

• (h) reports of Royal commissions, commissions of inquiry, ministerial inquiries, or statutory inquiries.

(1A) No Crown copyright exists in any work, whenever that work was made,—

• (a) in which the Crown copyright has not been assigned to another person; and

• (b) that is incorporated by reference in a work referred to in subsection (1).

(1B) Except as specified in subsection (1A), nothing in subsection (1) affects copyright in any work that is incorporated by reference in a work referred to in subsection (1).

(2) Subsection (1) shall come into force on a date to be appointed by the Governor-General by Order in Council; and one or more Orders in Council may be made appointing different dates for different paragraphs of that subsection.

(1) Where an original work (being a literary, dramatic, musical, or artistic work or a film) is made by an officer or employee of, or is published by, an international organisation to which this section applies,—

• (a) the work qualifies for copyright notwithstanding section 17(1); and

• (b) the organisation is the first owner of any copyright in the work.

(2) The copyright of an international organisation under this section shall expire,—

• (a) in the case of a typographical arrangement of a published edition, at the end of the period of 25 years from the end of the calendar year in which the work is made or such longer period as may be specified for the purposes of this paragraph pursuant to subsection (5):

• (b) in the case of any other work, at the end of the period of 50 years from the end of the calendar year in which the work is made or such longer period as may be specified for the purposes of this paragraph pursuant to subsection (5).

(3) Subject to this section and to any other express provision of this Act, the provisions of this Act apply in relation to the copyright of an international organisation under this section.

(4) An international organisation to which this section applies shall be deemed to have, and to have had at all material times, the legal capacities of a body corporate for the purposes of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright.

(5) The Governor-General may from time to time, by Order in Council,—

• (a) declare that any international organisation is an international organisation to which this section applies:

• (b) for the purposes of complying with any international obligation of New Zealand, specify a period for the purposes of paragraph (a) or paragraph (b) of subsection (2).

(1) Copyright in a work is infringed by a person who, other than pursuant to a copyright licence, does any restricted act.

(2) References in this Act to the doing of a restricted act are to the doing of that act—

• (a) in relation to the work as a whole or any substantial part of it; and

• (b) either directly or indirectly;—

and it is immaterial whether any intervening acts themselves infringe copyright.

(3) This Part is subject to Parts 3 and 8.

The copying of a work is a restricted act in relation to every description of copyright work.

The issue of copies of a work to the public is a restricted act in relation to every description of copyright work.

(1) The performance of a work in public is a restricted act only in relation to a literary, dramatic, or musical work.

(2) The playing or showing of a work in public is a restricted act only in relation to a sound recording, film, or communication work.

(3) Where copyright in a work is infringed by the performance, playing, or showing of the work in public by means of apparatus for receiving visual images or sounds conveyed by electronic or other means,—

• (a) the person by whom the visual images or sounds are sent; and

• (b) in the case of a performance, the performers—

shall not be regarded as responsible for the infringement.

(4) For the purposes of subsection (3), a person who sends visual images or sounds does not include a person who retransmits visual images or sounds.

Communicating a work to the public is a restricted act in relation to every description of copyright work.

(1) The making of an adaptation of a work is a restricted act only in relation to a literary, dramatic, or musical work.

(2) For the purposes of subsection (1), an adaptation is made when it is recorded, in writing or otherwise.

(3) The doing of any of the acts specified in any of sections 30 to 33 or in subsection (1), in relation to an adaptation of a work, is also a restricted act in relation to the literary, dramatic, or musical work from which the adaptation was made.

(4) For the purposes of subsection (3), where the act done in relation to an adaptation of a work is an act specified in section 32 or section 33, it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done.

(1) A person infringes copyright in a work if—

• (a) that person imports into New Zealand an object that is an infringing copy of the work and,—

  • (i) in the case of a work that is a sound recording, film, or computer program to which subsection (6) applies, that person knows or ought reasonably to know that the object is an infringing copy; or

  • (ii) in the case of other works, that person knows or has reason to believe that the object is an infringing copy; and

• (b) the object was imported into New Zealand without a copyright licence; and

• (c) the object was imported into New Zealand other than for that person's private and domestic use.

(2) In civil proceedings for infringement of copyright under subsection (1), in the case of a work that is a sound recording, film, or computer program to which subsection (6) applies,—

• (a) an object is presumed to be an infringing copy in the absence of evidence to the contrary; and

• (b) the Court must not require any person to disclose any information concerning the sources of supply of the object if it appears to the Court that it is unreasonable to do so.

(3) A person also infringes copyright in a film to which subsection (6) applies if that person—

• (a) imports a copy of the film into New Zealand within 9 months of first being made available to the public; and

• (b) knows or has reason to believe that the film is imported into New Zealand within 9 months of first being made available to the public; and

• (c) is not the licensee of the copyright in New Zealand; and

• (d) imports the film into New Zealand other than for that person's private and domestic use.

(4) For the purposes of subsection (3), a film is first made available to the public (as set out in section 23(2)) by any authorised act whether in New Zealand or elsewhere.

(5) Subsections (3) and (4) are repealed on 31 October 2013.

(6) This subsection applies to the following sound recordings, films, and computer programs:

• (a) a sound recording stored in a material form that is separate from any device or apparatus capable of playing sound recordings:

• (b) a film produced principally for cinematic release, or a copy of that film, or a copy of a substantial part of that film:

• (c) a computer program stored in a material form that is separate from any device or apparatus capable of executing computer programs.

Copyright in a work is infringed by a person who, in New Zealand, other than pursuant to a copyright licence,—

• (a) possesses in the course of a business; or

• (b) in the course of a business or otherwise, sells or lets for hire; or

• (c) in the course of a business, offers or exposes for sale or hire; or

• (d) in the course of a business, exhibits in public or distributes; or

• (e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner—

an object that is, and that the person knows or has reason to believe is, an infringing copy of the work.

(1) Copyright in a work is infringed by a person who, other than pursuant to a copyright licence,—

• (a) makes; or

• (b) imports into New Zealand; or

• (c) possesses in the course of a business; or

• (d) in the course of a business or otherwise, sells or lets for hire; or

• (e) in the course of a business, offers or exposes for sale or hire—

an object specifically designed or adapted for making copies of that work, knowing or having reason to believe that the object is to be used to make such infringing copies.

(2) Copyright in a work is infringed by a person who, other than under a copyright licence, communicates a work to 1 or more persons, knowing or having reason to believe that infringing copies will be made by means of the reception of the communication in New Zealand or elsewhere.

(1) Where copyright in a literary, dramatic, or musical work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also liable for the infringement unless, when the person gave that permission, he or she believed on reasonable grounds that the performance would not infringe copyright.

(2) In this section, the term place of public entertainment includes premises that are occupied mainly for purposes other than public entertainment but are from time to time made available for hire for the purposes of public entertainment.

(1) Where copyright in a work is infringed by a performance of the work in public, or by the playing or showing of the work in public, by means of apparatus for—

• (a) playing sound recordings; or

• (b) showing films; or

• (c) receiving visual images or sounds conveyed by electronic means,—

the persons described in subsections (2) to (4) are also liable for the infringement.

(2) A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if, when he or she supplied the apparatus or part,—

• (a) he or she knew, or had reason to believe, that the apparatus was likely to be so used as to infringe copyright; or

• (b) in the case of apparatus whose normal use involves a performance, playing, or showing in public, he or she had no reasonable grounds for believing that the apparatus would not be so used as to infringe copyright.

(3) An occupier of premises who gave permission for the apparatus to be brought onto the premises is liable for the infringement if, when the occupier gave that permission, he or she knew, or had reason to believe, that the apparatus was likely to be so used as to infringe copyright.

(4) A person who supplied a copy of a sound recording or film used to infringe copyright is liable for the infringement if, when the person supplied the copy, he or she knew, or had reason to believe, that the copy he or she supplied, or a copy made directly or indirectly from the copy, was likely to be so used as to infringe copyright.

The provisions of this Part are to be construed independently of one another so that the fact that an act is not permitted by one provision does not mean that it is not permitted by another provision.

(1) Copyright in a work is not infringed by—

• (a) the incidental copying of the work in an artistic work, a sound recording, a film, or a communication work; or

• (b) the issue to the public of copies of an artistic work, the playing of a sound recording, the showing of a film, or the communication of a work to the public, in which a copyright work has been incidentally copied; or

• (c) the issue to the public of copies of a sound recording, film, or communication work to which paragraph (a) or (b) applies.

(2) For the purposes of subsection (1), a musical work, words spoken or sung with music, or so much of a sound recording or communication work as includes a musical work or those words, must not be regarded as incidentally copied in another work if the musical work or the words, sound recording, or communication work is deliberately copied.

(1) Fair dealing with a work for the purposes of criticism or review, of that or another work or of a performance of a work, does not infringe copyright in the work if such fair dealing is accompanied by a sufficient acknowledgement.

(2) Fair dealing with a work for the purpose of reporting current events by means of a sound recording, film, or communication work does not infringe copyright in the work.

(3) Fair dealing with a work (other than a photograph) for the purposes of reporting current events by any means other than those referred to in subsection (2) does not infringe copyright in the work if such fair dealing is accompanied by a sufficient acknowledgement.

(1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.

(2) For the avoidance of doubt, it is hereby declared that fair dealing with a published edition for the purposes of research or private study does not infringe copyright in either the typographical arrangement of the edition or any literary, dramatic, musical, or artistic work or part of a work in the edition.

(3) In determining, for the purposes of subsection (1), whether copying, by means of a reprographic process or by any other means, constitutes fair dealing for the purposes of research or private study, a court shall have regard to—

• (a) the purpose of the copying; and

• (b) the nature of the work copied; and

• (c) whether the work could have been obtained within a reasonable time at an ordinary commercial price; and

• (d) the effect of the copying on the potential market for, or value of, the work; and

• (e) where part of a work is copied, the amount and substantiality of the part copied taken in relation to the whole work.

(4) This section does not authorise the making of more than 1 copy of the same work, or the same part of a work, on any 1 occasion, but in this subsection copy does not include a non-infringing transient reproduction to which section 43A applies.

A reproduction of a work does not infringe copyright in the work if the reproduction—

• (a) is transient or incidental; and

• (b) is an integral and essential part of a technological process for—

  • (i) making or receiving a communication that does not infringe copyright; or

  • (ii) enabling the lawful use of, or lawful dealing in, the work; and

• (c) has no independent economic significance.

(1) Copyright in a literary, dramatic, musical, or artistic work or the typographical arrangement of a published edition is not infringed by the copying of the whole or part of the work or edition if—

• (a) the copying is done by means of a reprographic process or by any other means; and

• (b) the copying is done—

  • (i) in the course of preparation for instruction; or

  • (ii) for use in the course of instruction; or

  • (iii) in the course of instruction; and

• (c) the copying is done by or on behalf of the person who is to give, or who is giving, a lesson at an educational establishment; and

• (d) no more than one copy of the whole or part of the work or edition is made on any one occasion.

(2) Copyright in a literary, dramatic, musical, or artistic work or the typographical arrangement of a published edition is not infringed by the copying of the whole or part of the work or edition if—

• (a) the copying is not done by means of a reprographic process; and

• (b) the copying is done—

  • (i) in the course of preparation for instruction; or

  • (ii) for use in the course of instruction; or

  • (iii) in the course of instruction; or

  • (iv) after the course of instruction; and

• (c) the copying is done by a person who is to give, is giving, or has given the lesson or by a person who is to receive, is receiving, or has received the lesson; and

• (d) one or more copies of the whole or part of the work or edition is or are made on any one occasion.

(3) Copyright in a literary, dramatic, or musical work or the typographical arrangement of a published edition is not infringed by the copying of part of the work or edition if—

• (a) the copying is done by means of a reprographic process or by any other means; and

• (b) the copying is done for an educational purpose; and

• (c) the copying is done by or on behalf of an educational establishment; and

• (d) one or more copies of part of the work or edition is or are made on any one occasion; and

• (e) no charge is made for the supply of a copy to any student or other person who is to receive, is receiving, or has received a lesson; and

• (f) subject to subsection (4), either,—

  • (i) in the period beginning with the commencement of this Act and ending with the close of 31 December 1997, the copying is of no more than the greater of 5 percent of the work or edition or 5 pages of the work or edition; or

  • (ii) on and after 1 January 1998, the copying is of no more than the greater of 3 percent of the work or edition or 3 pages of the work or edition.

(4) If the effect of subparagraph (i) or subparagraph (ii) of subsection (3)(f) would be that the whole of a work or edition is copied, those subparagraphs shall not apply and the copying that is permitted under subsection (3) shall be of no more than 50 percent of the whole work or edition.

(4A) A copy of a work made in accordance with subsections (3) and (4) may be communicated to a person who is a student or other person who is to receive, is receiving, or has received, a lesson that relates to the work.

(5) Copyright in an artistic work is not infringed by the copying, by means of a reprographic process or by any other means, of the whole or a part of that work if the artistic work is included within the part of any work or edition copied under subsection (3).

(6) Where any part of a work or edition is copied under subsection (3) by or on behalf of an educational establishment,—

• (a) that part of that work or edition may not, within 14 days of that copying, be copied again under that subsection by or on behalf of that educational establishment; and

• (b) no other part of that work or edition may, within 14 days of that copying, be copied under that subsection by or on behalf of that educational establishment.

(7) In subsections (3) to (6),—

(1) An educational establishment does not infringe copyright in a work that is made available on a website or other electronic retrieval system by storing a copy of the page or pages in which the work appears if—

• (a) the material is stored for an educational purpose; and

• (b) the material—

  • (i) is displayed under a separate frame or identifier; and

  • (ii) identifies the author (if known) and source of the work; and

  • (iii) states the name of the educational establishment and the date on which the work was stored; and

• (c) the material is restricted to use by authenticated users.

(2) Subsection (1) does not apply, and the educational establishment does infringe copyright in the work, if the educational establishment knowingly fails to delete the stored material within a reasonable time after the material becomes no longer relevant to the course of instruction for which it was stored.

(3) In subsection (1), authenticated user means a person who—

• (a) is a participant in the course of instruction for which the material is stored; and

• (b) can access the stored material only through a verification process that verifies that he or she is entitled to access the stored material.

(1) Copyright in any work that is a film, sound recording, or communication work, or any work included in a film, sound recording, or communication work, is not infringed by the copying of that work in the circumstances set out in subsection (2).

(2) The circumstances referred to in subsection (1) are—

• (a) that the copying consists of or includes the making of a film or film sound-track—

  • (i) in the course of preparation for instruction; or

  • (ii) for use in the course of instruction; or

  • (iii) in the course of instruction; or

  • (iv) after the course of instruction,—

  where the lesson is on how to make films or film sound-tracks; and

• (b) that the copying is done by or on behalf of a person who is to give, is giving, or has given the lesson or by or on behalf of a person who is to receive, is receiving, or has received the lesson; and

• (c) that no charge is made for the supply of a copy to any student or other person who is to receive, is receiving, or has received the lesson.

(3) Copyright in—

• (a) any work that is a sound recording; or

• (b) any work included in a sound recording—

is not infringed by the copying of that work in the circumstances set out in subsection (4).

(4) The circumstances referred to in subsection (3) are—

• (a) that the copying is done—

  • (i) in the course of preparation for instruction; or

  • (ii) for use in the course of instruction; or

  • (iii) in the course of instruction; or

  • (iv) after the course of instruction,—

  where the lesson—

  • (v) relates to the learning of a language; or

  • (vi) is conducted by correspondence; and

• (b) that the copying is done by or on behalf of a person who is to give, is giving, or has given the lesson or by or on behalf of a person who is to receive, is receiving, or has received the lesson; and

• (c) that no charge is made for the supply of a copy to any student or other person who is to receive, is receiving, or has received the lesson.

(5) Subsections (3) and (4) do not apply if or to the extent that licences authorising the copying of a work in the circumstances set out in subsection (4) are available under a licensing scheme and the person doing the copying knew that fact.

(1) The copying of a short passage from a published work (being a literary, dramatic, or musical work) in a collection that—

• (a) is intended for use in educational establishments and is so described in its title, and in any advertisements issued by or on behalf of the publisher of that collection; and

• (b) consists mainly of material in which no copyright exists or in which copyright is owned by the publisher of that collection or the Crown—

does not infringe copyright in the work if—

• (c) the publisher of the work did not intend it to be used in such establishments; and

• (d) the passage is accompanied by a sufficient acknowledgement.

(2) Subsection (1) does not authorise the copying of more than 2 passages from copyright works by the same author in collections published by the same publisher over any period of 5 years.

(3) In relation to any given passage, the reference in subsection (2) to passages from copyright works by the same author—

• (a) shall be taken to include passages from collective works of which that author is one of the authors; and

• (b) if the passage in question is from such a collective work, shall be taken to include passages from works by any of the authors, whether alone or in collaboration with another.

(4) References in this section to the use of a work in an educational establishment are to any use for the educational purposes of such an establishment.

(5) Subsection (1) does not apply to a literary work that is a computer program.

(1) The performance of a literary, dramatic, or musical work before an audience consisting of persons who are students or staff members at an educational establishment or are directly connected with the activities of the establishment—

• (a) by a student or staff member in the course of the activities of the establishment; or

• (b) at the establishment, by any person for the purposes of instruction,—

is not a performance in public for the purposes of section 32(1).

(2) The playing or showing, for the purposes of instruction, of a sound recording, film, or communication work to the audience described in subsection (1) at an educational establishment is not a playing or showing of the work in public for the purposes of section 32(2).

(3) For the purposes of this section, a person shall not be treated as a person directly connected with the activities of an educational establishment by reason only that the person is a parent or guardian of a student at that educational establishment.

(1) This section applies when a copy of a communication work is—

• (a) made or communicated by or on behalf of an educational establishment; or

• (b) made and supplied by an educational resource supplier to an educational establishment.

(2) In any case to which subsection (1)(a) applies, the making or communication of a copy of the communication work by or on behalf of an educational establishment, and the subsequent communication of the copy within the educational establishment, does not infringe copyright in the communication work or in any work included in it if the copy is made or communicated for the educational establishment’s educational purposes.

(3) In any case to which subsection (1)(b) applies, the making and supply of a copy of the communication work by an educational resource supplier does not infringe copyright in the communication work or in any work included in it if the copy is made and supplied for the educational purposes of the educational establishment to which it is supplied.

(4) However, the exclusions from infringement of copyright in subsections (2) and (3) do not apply to—

• (a) the copying of a communication work if or to the extent that—

  • (i) licences authorising the copying of the communication work by or on behalf of educational establishments or by educational resource suppliers are available under a licensing scheme; and

  • (ii) the educational establishment or the educational resource supplier, as the case may be, knew that fact; or

• (b) the communication of a communication work if or to the extent that—

  • (i) licences authorising the communication of the copy by or on behalf of educational establishments are available under a licensing scheme; and

  • (ii) the educational establishment knew that fact; or

• (c) the supply of a communication work by an educational resource supplier if or to the extent that—

  • (i) licences authorising the supply of the communication work are available under a licensing scheme; and

  • (ii) the educational resource supplier knew that fact.

Copyright is not infringed by anything done for the purposes of an examination, whether by way of setting the questions, communicating the questions to the candidates, or answering the questions.

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

(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.

(1) The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied with, make from a published edition (other than a published edition that is an article in a periodical), for supply to any person, a copy of a reasonable proportion of any literary, dramatic, or musical work and may include in the copy any artistic work that appears within the proportion copied, without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

(2) The conditions referred to in subsection (1) are—

• (a) that no person is supplied on the same occasion with more than one copy of the same material; and

• (b) that, where any person to whom a copy is supplied is required to pay for the copy, the payment required is no higher than a sum consisting of the total of the cost of production of the copy and a reasonable contribution to the general expenses of the library.

(3) Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, that person may use the copy only for the purposes of research or private study.

(4) This section does not apply to a literary work that is a computer program.

(5) In this section, copy includes a digital copy, but in that case section 56B applies as well.

(1) The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied with, make for supply to any person a copy of—

• (a) a literary, dramatic, or musical work, and any artistic work included in that work, that is contained in an article in a periodical; or

• (b) a published edition that is an article in a periodical,—

without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

(2) The conditions referred to in subsection (1) are—

• (a) that no person is supplied on the same occasion with more than one copy of the same article; and

• (b) that no person is supplied on the same occasion with copies of more than one article contained in the same issue of a periodical, unless the copies supplied all relate to the same subject-matter; and

• (c) that, where any person to whom a copy is supplied is required to pay for the copy, the payment required is no higher than a sum consisting of the total of the cost of production of the copy and a reasonable contribution to the general expenses of the library.

(3) Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, that person may use the copy only for the purposes of research or private study.

(4) In this section, copy includes a digital copy, but in that case section 56B applies as well.

(1) The librarian of a prescribed library may, if the condition contained in subsection (2) is complied with, make from a published edition, for supply to another prescribed library, a copy of,—

• (a) subject to paragraph (b), a reasonable proportion of any literary, dramatic, or musical work (and the librarian may include in the copy any artistic work that appears within the proportion copied):

• (b) in relation to a literary, dramatic, or musical work that is contained in an article in a periodical,—

  • (i) the whole article and any artistic work included in that article; and

  • (ii) if there is any other article in the same issue of the periodical relating to the same subject-matter as the first article copied, the whole of that other article and any artistic work included in that article,—

without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

(2) The condition referred to in subsection (1) is that a person has requested the library to which the copy is being supplied to supply him or her with the copy for the purposes of research or private study.

(3) Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, that person may use the copy only for the purposes of research or private study.

(4) This section does not apply to a literary work that is a computer program.

(5) In this section, copy includes a digital copy, but in that case section 56C applies as well.

(1) The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied with, make a copy of a literary, dramatic, or musical work and any artistic work included in the work, where the copy is—

• (a) from a published edition that is a book; and

• (b) for supply to the librarian of another prescribed library,—

without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

(2) The conditions referred to in subsection (1) are that the librarian to whom the copy of the work is supplied—

• (a) has been unable to obtain the work at an ordinary commercial price within the 6 months preceding the supply; and

• (b) makes and keeps a record sufficient to identify the work copied; and

• (c) permits the inspection of the record by the copyright owner during normal office hours; and

• (d) pays, on demand, equitable remuneration to the copyright owner for the work copied.

(3) In subsection (2)(d), the term equitable remuneration means a sum agreed by the librarian and the copyright owner or, in the absence of agreement, a sum determined by the Tribunal on an application under section 168.

(4) This section does not apply to a literary work that is a computer program.

(5) In this section, copy includes a digital copy, but in that case section 56C applies as well.

(1) The librarian of a prescribed library or the archivist of an archive may make a copy (other than a digital copy) of any item in the collection of the library or archive for the purposes of—

• (a) preserving or replacing that item by placing the copy in the collection of the library or archive in addition to or in place of the item; or

• (b) replacing in the collection of another prescribed library or archive an item that has been lost, destroyed, or damaged,—

without infringing copyright in any work included in the item.

(2) Subsection (1) applies only where it is not reasonably practicable to purchase a copy of the item in question to fulfil the purpose.

(3) The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item) in the collection of the library or archive without infringing copyright in any work included in the item if—

• (a) the original item is at risk of loss, damage, or destruction; and

• (b) the digital copy replaces the original item; and

• (c) the original item is not accessible by members of the public after replacement by the digital copy except for purposes of research the nature of which requires or may benefit from access to the original item; and

• (d) it is not reasonably practicable to purchase a copy of the original item.

(4) The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item) in the collection of the library or archive without infringing copyright in any work included in the item if—

• (a) the digital copy is used to replace an item in the collection of another prescribed library or archive that has been lost, damaged, or destroyed; and

• (b) it is not reasonably practicable to purchase a copy of the original item.

(1) The librarian of a prescribed library or the archivist of an archive may, if the conditions contained in subsection (3) are complied with, copy for supply to any person a copy of an unpublished work in the library or archive, without infringing copyright in that work.

(2) This section does not apply if the copyright owner has prohibited copying of the work and at the time the copy is made the librarian or archivist making it is, or ought to be, aware of that fact.

(3) The conditions referred to in subsection (1) are—

• (a) that no person is supplied on the same occasion with more than one copy of the same work; and

• (b) that, where any person to whom a copy is supplied is required to pay for the copy, the payment required is no higher than a sum consisting of the total of the cost of production of the copy and a reasonable contribution to the general expenses of the library or archive.

(4) Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, that person may use the copy only for the purposes of research or private study.

(5) The provisions of this section do not apply to the sound archive maintained by Radio New Zealand Limited, the film archive maintained by Television New Zealand Limited, or the film archive maintained by the New Zealand Film Archive Incorporated.

(6) In this section, copy includes a digital copy, but in that case section 56B applies as well.

(1) The librarian of a prescribed library or the archivist of an archive does not infringe copyright in a work by communicating a digital copy of the work to an authenticated user if the following conditions are met:

• (a) the librarian or archivist has obtained the digital copy lawfully; and

• (b) the librarian or archivist ensures that each user is informed in writing about the limits of copying and communication allowed by this Act, including that a digital copy of a work may only be copied or communicated by the user in accordance with the provisions of this Act; and

• (c) the digital copy is communicated to the user in a form that cannot be altered or modified; and

• (d) the number of users who access the digital copy at any one time is not more than the aggregate number of digital copies of the work that—

  • (i) the library or the archive has purchased; or

  • (ii) for which it is licensed.

(2) In subsection (1), authenticated user means a person who—

• (a) has a legitimate right to use the services of the library or archive; and

• (b) can access the digital copy only through a verification process that verifies that the person is entitled to access the digital copy.

A copy of a work to which section 51, 52, or 56 applies must not be supplied in a digital format, by the librarian of a prescribed library or the archivist of an archive, to a person (A) unless the following conditions are also complied with:

• (a) the librarian or archivist must give A, when the copy is supplied, a written notice that sets out the terms of use of the copy; and

• (b) the librarian or archivist must, as soon as is reasonably practicable, destroy any additional copy made in the process of making the copy that is supplied to A.

A copy of a work to which section 53 or 54 applies must not be supplied in a digital format to a library unless the librarian supplying the digital copy destroys, as soon as is reasonably practicable, any additional copy made in the process of making the copy that is supplied.

(1) The sound archive maintained by Radio New Zealand Limited may play a sound recording held in the archive to an audience consisting of members of the public, without infringing copyright in the sound recording or in any work included in the sound recording, if the condition contained in subsection (3) is complied with.

(2) The film archive maintained by Television New Zealand Limited or by the New Zealand Film Archive Incorporated may show a film, and play any sound recording associated with the film, held in the archive to an audience consisting of members of the public, without infringing copyright in the film or in any sound recording associated with the film or in any work included in the film or sound recording, if the condition contained in subsection (3) is complied with.

(3) The condition referred to in subsections (1) and (2) is that, where any person is required to pay to—

• (a) hear any sound recording played under subsection (1); or

• (b) see any film shown, and hear any sound recording associated with the film played, under subsection (2),—

the payment required is no more than a reasonable contribution towards the maintenance of the archive in which the sound recording or film is held.

(4) This section does not apply if or to the extent that licences authorising the playing of a sound recording, or the showing of a film and the playing of a sound recording associated with the film, by an archive to which this section applies are available and if the archive knew that fact.

(1) An officer of the Parliamentary Library may, if the conditions contained in subsection (3) are complied with, supply to any member of Parliament a copy of a literary or dramatic work, and any artistic work included in that work, without infringing copyright in that literary, dramatic, or artistic work or the typographical arrangement of a published edition.

(2) An officer of the Parliamentary Library may, if the conditions contained in subsection (3) are complied with, supply to any member of Parliament a recording of a communication work or a transcript of a recording of the communication work, without infringing copyright in the communication work or any work included in that communication work.

(3) The conditions referred to in subsections (1) and (2) are—

• (a) that no member of Parliament is supplied on the same occasion with more than one copy or recording or transcript, as the case may be, of the same material; and

• (b) that the copy or recording or transcript is required by that member of Parliament for the purposes of performing his or her duties as such a member.

(1) Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings.

(2) Copyright is not infringed by anything done for the purposes of reporting parliamentary or judicial proceedings.

(1) Copyright is not infringed by anything done for the purposes of the proceedings of a Royal commission, commission of inquiry, ministerial inquiry, or statutory inquiry.

(2) Copyright is not infringed by anything done for the purposes of reporting any proceedings of a Royal commission, commission of inquiry, ministerial inquiry, or statutory inquiry that are held in public.

(3) Copyright in a work is not infringed by the issue to the public of copies of the report of a Royal commission, commission of inquiry, ministerial inquiry, or statutory inquiry containing the work or material from it.

(1) Subject to any Order in Council made under subsection (4), where material is open to public inspection or public reference pursuant to a statutory requirement, or is on a statutory register, copyright in the material is not infringed by the copying of the material, by or with the authority of the appropriate person, for a purpose that does not involve the issuing of copies to the public.

(2) Subject to any Order in Council made under subsection (4), where material is open to public inspection or public reference pursuant to a statutory requirement, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of enabling the material to be inspected at a more convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed.

(3) Subject to any Order in Council made under subsection (4), where material that is open to public inspection or public reference pursuant to a statutory requirement, or that is on a statutory register, contains information about matters of general scientific, technical, commercial, or economic interest, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of disseminating that information.

(4) The Governor-General may from time to time, by Order in Council, provide that all or any of subsections (1) to (3) shall, in such cases as may be specified in the order, apply only to copies marked in such manner as may be so specified.

(5) The Governor-General may from time to time, by Order in Council, provide that all or any of subsections (1) to (3) apply, to such extent and with such modifications as may be specified in the order, in relation to—

• (a) material made open to public inspection or public reference by—

  • (i) an international organisation specified in the order; or

  • (ii) a person specified in the order who has functions in New Zealand under an international agreement to which New Zealand is a party; or

• (b) a register maintained by an international organisation specified in the order,—

as those provisions apply in relation to material open to public inspection or public reference pursuant to a statutory requirement or by virtue of being on a statutory register.

(6) In this section,—

(1) This section applies where—

• (a) a literary, dramatic, musical, or artistic work has, in the course of public business, been communicated to the Crown for any purpose, by or with the licence of the copyright owner; and

• (b) a document (within the meaning of section 2 of the Official Information Act 1982) recording or embodying the work is owned by, or is in the custody or control of, the Crown.

(2) The Crown may, for—

• (a) the purpose for which the work was communicated to the Crown; or

• (b) any related purpose that could reasonably have been anticipated by the copyright owner,—

copy the work, and issue copies of the work to the public, without infringing copyright in the work.

(3) The Crown may not copy a work, or issue copies of a work to the public, under this section if the work has previously been published otherwise than under this section.

(4) In subsection (1), the term public business includes any activity carried on by the Crown.

(5) This section has effect subject to any agreement to the contrary between the Crown and the copyright owner.

(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.

(1) No provision of any assignment or licence in force between the copyright owner and a person other than a government department shall be effective to prevent any act being done in relation to a copyright work, where that act is done under section 63.

(2) Where—

• (a) an act is done under section 63; and

• (b) an exclusive licence is in force in respect of the work in relation to which the act is done,—

the Crown shall be liable to pay, out of money appropriated by Parliament for the purpose, equitable remuneration to the licensee upon such terms as may be agreed between the Crown and the licensee or, in the absence of agreement, upon such terms as shall be determined by the Tribunal.

(3) Where—

• (a) a person has a right in relation to a work, by any licence other than an exclusive licence; and

• (b) a payment is made, in respect of that work, under section 63 to the copyright owner or under subsection (2) to the exclusive licensee,—

the person is entitled to recover from the owner or exclusive licensee, as the case may be, such part of any payment as may be agreed between that person and the copyright owner or the exclusive licensee, as the case may be, or, in the absence of agreement, as shall be determined by the Tribunal.

(1) Where any employee or agent of the Crown infringes copyright in a work, and the infringement is committed with the authority of the Crown, civil proceedings in respect of the infringement shall, subject to this Act, lie against the Crown under the Crown Proceedings Act 1950.

(2) Nothing in subsection (1) shall affect the rights of the Crown, or any person authorised by a government department, under section 63.

(1) Where the doing of a particular act is specifically authorised by an enactment, the doing of that act does not infringe copyright, unless the enactment provides otherwise.

(2) Nothing in this section shall be construed as excluding any defence of statutory authority otherwise available under or pursuant to any enactment.

(1) Copyright in a literary, dramatic, musical, or artistic work is not infringed by any act done at a time when, or in pursuance of arrangements made at a time when,—

• (a) it is not possible for a person who wishes to do so to ascertain the identity of the author by reasonable inquiry; and

• (b) it is reasonable to assume—

  • (i) that copyright has expired; or

  • (ii) that the author died 50 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.

(2) Subsection (1)(b)(ii) does not apply in relation to—

• (a) a work in which Crown copyright exists under section 26; or

• (b) a work—

  • (i) in which copyright originally vested in an international organisation under section 28; and

  • (ii) in respect of which an order made under that section specifies a copyright period longer than 50 years.

(3) In relation to a work of joint authorship,—

• (a) the reference in subsection (1)(a) to its being possible to ascertain the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors; and

• (b) The reference in subsection (1)(b)(ii) to the author having died shall be construed as a reference to all the authors having died.

(1) Where a recording of spoken words is made, in writing or otherwise, for the purpose of—

• (a) reporting current events; or

• (b) communicating to the public the whole or part of the work,—

it is not an infringement of copyright in the words as a literary work to use the recording or material taken from it (or to copy the recording, or any such material, and use the copy) for that purpose, if the conditions in subsection (2) are complied with.

(2) The conditions referred to in subsection (1) are that—

• (a) the recording is a direct record of the spoken words and is not taken from a previous recording or from a communication work; and

• (b) the making of the recording was not prohibited by the speaker and, where copyright already existed in the work, did not infringe copyright; and

• (c) the use made of the recording or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the recording was made; and

• (d) the use is by or with the authority of a person who is lawfully in possession of the recording.

(1) A body prescribed by regulations made under this Act may, if the conditions contained in subsection (2) are complied with, make or communicate copies or adaptations of published literary or dramatic works for the purpose of providing persons who have a print disability with copies that are in Braille or otherwise modified for their special needs, without infringing copyright in those literary or dramatic works.

(2) The conditions referred to in subsection (1) are—

• (a) that the prescribed body has made reasonable efforts to obtain a copy of the complete work, in Braille or otherwise modified as required by the person or persons to whom it is to be provided, within a reasonable time at an ordinary commercial price, but has been unable to do so; and

• (b) that the copies are provided only to persons having a print disability; and

• (c) that, where any body makes a copy or adaptation of a published literary or dramatic work under this section, the body shall, as soon as is reasonably practicable, take all reasonable steps to notify the owner of the copyright in the work of the making of the copy or adaptation; and

• (d) that, where any person to whom a copy is provided is required to pay for the copy, the payment required is no higher than a sum consisting of the total cost of the production of the copy and a reasonable contribution to the general expenses of the prescribed body.

(3) A body shall not be prescribed for the purposes of subsection (1) if it is established or conducted for profit.

(4) For the purposes of this section, a person has a print disability if he or she—

• (a) is blind; or

• (b) suffers severe impairment of his or her sight; or

• (c) is unable to hold or manipulate books; or

• (d) is unable to focus or move his or her eyes; or

• (e) suffers a handicap with respect to visual perception.

(1) The reading in public or recitation in public by one person of a reasonable extract from a published literary or dramatic work shall not be treated as a performance in public for the purposes of section 32(1), if that reading or recitation is accompanied by a sufficient acknowledgement.

(2) Copyright in a work is not infringed by the making of a sound recording, or the communication to the public, of a reading or recitation that under subsection (1) is not treated as a performance in public, if the recording or communication work consists mainly of material in relation to which it is not necessary to rely on that subsection.

Where an article on a scientific or technical subject is published in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of copyright in the abstract, or in the article, to copy the abstract or issue copies of the abstract to the public.

(1) A sound recording of a performance of a song may be made for the purpose of including the song in an archive maintained by a body prescribed by regulations made under this Act, without infringing copyright in the words as a literary work or in the accompanying musical work, if the conditions in subsection (2) are complied with.

(2) The conditions referred to in subsection (1) are that—

• (a) the words are unpublished and of unknown authorship at the time the recording is made; and

• (b) the making of the recording does not infringe any other copyright; and

• (c) the making of the recording is not prohibited by any performer.

(3) Copies of a sound recording made in reliance on subsection (1) and included in an archive maintained by a body prescribed by regulations made under this Act may, if the condition contained in subsection (4) is complied with, be made and supplied by the archivist without infringing copyright in the recording or the works included in it.

(4) The condition referred to in subsection (3) is that no person is furnished with more than one copy of the same recording.

(1) This section applies to the following works:

• (a) buildings:

• (b) works (being sculptures, models for buildings, or works of artistic craftsmanship) that are permanently situated in a public place or in premises open to the public.

(2) Copyright in a work to which this section applies is not infringed by—

• (a) copying the work by making a graphic work representing it; or

• (b) copying the work by making a photograph or film of it; or

• (c) communicating to the public a visual image of the work.

(3) Copyright is not infringed by the issue to the public of copies, or the communication to the public, of anything the making of which was, under this section, not an infringement of copyright.

(1) The making of any object in 3 dimensions (including, subject to subsection (2), a copy in 2 dimensions reasonably required for the making of the object) does not infringe copyright in a literary or artistic work, if the work or a copy of it forms part of—

• (a) a patent specification that—

  • (i) is open to public inspection in the New Zealand Patent Office in respect of a New Zealand patent that, for any reason, has ceased to have effect; and

  • (ii) is used for the purpose of making the object; or

• (b) a representation or specimen of a design that—

  • (i) is open to public inspection in the New Zealand Patent Office in respect of a design for which registered protection in New Zealand has ceased; and

  • (ii) is used for the purpose of making the object.

(2) Subsection (1) does not authorise—

• (a) the making of a copy in 2 dimensions of an artistic work—

  • (i) to which subsection (1) applies; and

  • (ii) that is in 2 dimensions,—

  where the copy is made directly from that artistic work; or

• (b) the making of a copy of a literary work to which subsection (1) applies, where the copy is made directly from that literary work.

(3) Where a patent that has ceased to have effect is restored by an order made under section 35 of the Patents Act 1953, nothing done pursuant to subsection (1) in the period beginning with the day on which the patent ceased to have effect and ending with the close of the day on which the order is made shall constitute an infringement of copyright in any literary or artistic work or copy of the work forming part of the patent specification.

(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 one 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) one 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.

The copying or adaptation or publication of a literary work or an artistic work does not infringe copyright in that work if that work—

• (a) relates to a medicine that has been imported by the Crown pursuant to section 32A of the Medicines Act 1981; and

• (b) has been made, copied, published, adapted, or distributed, in an overseas country, by or with the licence of the owner of the copyright in the work in that country.

Where the author of an artistic work is not the copyright owner, he or she does not infringe copyright in that work by copying the work in making another artistic work, if the main design of the earlier work is not repeated or imitated.

Anything done for the purposes of reconstructing a building does not infringe copyright—

• (a) in the building; or

• (b) in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.

Copyright in a work (being a computer program, sound recording, or film) is not infringed by the rental of that work to any person by an educational establishment or a prescribed library within the meaning of section 50, where—

• (a) the educational establishment or prescribed library does not effect the rental of the work for the purposes of making a profit; and

• (b) the work that is the subject of the rental has previously been put into circulation with the licence of the copyright owner.

(1) Subject to subsection (3), copyright in a computer program is not infringed by the making of a copy of the computer program if—

• (a) the copy is made by or on behalf of the lawful user of the copy of the program (in this section referred to as the original copy) from which the first-mentioned copy is made; and

• (b) the copy is made solely for the purpose of being used by or on behalf of the lawful user of the original copy—

  • (i) instead of the original copy in order to preserve the original copy for use if the copy is lost, destroyed, or rendered unusable; or

  • (ii) if the original copy is lost, destroyed, or rendered unusable.

(2) If the original copy is lost, destroyed, or rendered unusable, the copy made pursuant to subsection (1) shall be deemed for the purposes of this section to be the original copy.

(3) Subsection (1) does not apply to the making of a copy of a computer program—

• (a) from an infringing copy of the computer program; or

• (b) contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the lawful user of the original copy not later than the time when the lawful user of the original copy acquired that original copy.

(4) For the purposes of this section,—

• (a) a reference to a computer program includes a reference to an adaptation of that program; and

• (b) a reference to a copy of a computer program is a reference to any object in which the program is reproduced in a material form; and

• (c) a reference to an express direction, in relation to a copy of a computer program, includes a reference to a clearly legible direction printed on the copy or on a package in which the copy is supplied.

(1) The lawful user of a copy of a computer program expressed in a low level language does not infringe copyright in the program by decompiling it, if the conditions in subsection (2) are met.

(2) The conditions referred to in subsection (1) are that—

• (a) decompilation is necessary to obtain information necessary for the objective of creating an independent program that can be operated with the program decompiled or with another program; and

• (b) the information obtained from the decompilation is not used for any purpose other than the objective referred to in paragraph (a).

(3) In particular, the conditions in subsection (2) are not met if—

• (a) the information necessary to create the independent program is readily available to the lawful user without decompiling the computer program; or

• (b) the lawful user does not confine decompilation of the computer program strictly to the steps that are necessary to create an independent program; or

• (c) the lawful user gives the information obtained from decompiling the computer program to any person when it is not necessary for creating an independent program to do so; or

• (d) the lawful user uses the information obtained from decompiling the computer program to create a program that is substantially similar in its expression to the program that has been decompiled; or

• (e) the lawful user uses the information obtained from decompiling the computer program to do any act that is restricted by copyright.

(4) In this section, decompile means—

• (a) to convert a computer program expressed in a low level language into a version expressed in a higher level language; or

• (b) to copy the program as a necessary incident of converting it into that version.

(1) The lawful user of a computer program (A) does not infringe copyright in it by copying or adapting it, if—

• (a) copying or adapting it is necessary for A’s lawful use of the program (for example, to correct an error in the program); and

• (b) a properly functioning and error-free copy of the program is not available to A within a reasonable time at an ordinary commercial price.

(2) This section does not apply to copying or adapting that is permitted under section 80A or 80C.

The lawful user of a computer program (A) does not infringe copyright in it by observing, studying, or testing the functioning of the program in order to determine the ideas and principles that underlie any element of the program if A does so while performing the acts of loading, displaying, running, transmitting, or storing the program that A is entitled to do.

A term or condition in an agreement for the use of a computer program has no effect in so far as it prohibits or restricts any activity undertaken in accordance with section 80A(2) or 80B(1).

(1) It is not an infringement of copyright in a sound recording to play the sound recording as part of the activities of, or for the benefit of, a club, society, or other organisation, if the conditions contained in subsection (2) are complied with.

(2) The conditions referred to in subsection (1) are—

• (a) that the club, society, or organisation is not established or conducted for profit; and

• (b) that the main objects of the club, society, or organisation are charitable or are otherwise concerned with the advancement of religion, education, or social welfare; and

• (c) that the proceeds of any charge for admission to the place where the recording is to be heard are applied solely for the purposes of the club, society, or organisation.

(1) Copyright in a sound recording and in a literary or musical work contained in it is not infringed by copying the sound recording, if the following conditions are met:

• (a) the sound recording is not a communication work or part of a communication work; and

• (b) the copy is made from a sound recording that is not an infringing copy; and

• (c) the sound recording is not borrowed or hired; and

• (d) the copy is made by the owner of the sound recording; and

• (e) that owner acquired the sound recording legitimately; and

• (f) the copy is used only for that owner’s personal use or the personal use of a member of the household in which the owner lives or both; and

• (g) no more than 1 copy is made for each device for playing sound recordings that is owned by the owner of the sound recording; and

• (h) the owner of the sound recording retains the ownership of both the sound recording and of any copy that is made under this section.

(2) For the avoidance of doubt, subsection (1) does not apply if the owner of the sound recording is bound by a contract that specifies the circumstances in which the sound recording may be copied.

The author of a communication work does not infringe copyright in it, or in any work included in it, by recording it, if the recording is made and used solely for the purpose of checking on the maintenance of standards in communication works made by the author.

(1) A person (A) does not infringe copyright in a communication work, or in any work included in it, by recording it or communicating it or both to a complaint authority, if the recording or the communication or both are done solely for the purpose of complaining to a complaint authority.

(2) However, subsection (1) does not apply, and A does infringe copyright in the communication work recorded and in any work included in the recording, if A retains the recording for any longer than is reasonably necessary to prepare and despatch the complaint.

(3) If a person infringes copyright under subsection (2), the recording is treated as an infringing copy.

(4) In this section and in section 84, complaint authority means any person or body that is responsible for dealing with complaints about the content of communication works, including the content of advertisements in communication works.

(1) A person (A) does not infringe copyright in a programme included in a communication work, or in any work included in it, by recording it, if—

• (a) A makes the recording solely for A’s personal use or the personal use of a member of the household in which A lives or both; and

• (b) A makes the recording solely for the purpose of viewing or listening to the recording at a more convenient time; and

• (c) the recording is not made from an on-demand service; and

• (d) A has lawful access to the communication work at the time of making the recording.

(2) However, subsection (1) does not apply, and A does infringe copyright in the communication work recorded and in any work included in the communication work, if—

• (a) A retains the recording for any longer than is reasonably necessary for viewing or listening to the recording at a more convenient time; or

• (b) in the event that the person who views or listens to the recording wishes to make a complaint to a complaint authority, A retains the recording for any longer than is reasonably necessary to prepare and despatch the complaint.

(3) If a person infringes copyright under subsection (2), the recording is treated as an infringing copy.

(1) This section applies where, under an assignment or a licence, a person is authorised to communicate the following works to the public:

• (a) a literary, dramatic, or musical work, or an adaptation of that work; or

• (b) an artistic work; or

• (c) a sound recording or film.

(2) Where this section applies, the person so authorised may, without the consent of the copyright owner but only if the conditions contained in subsection (3) are complied with, do or authorise the doing of any of the following acts for the purposes of the communication work:

• (a) in the case of a literary, dramatic, or musical work, or an adaptation of such a work, copy the work or adaptation by making a sound recording or film of the work or adaptation:

• (b) in the case of an artistic work, copy the work by taking a photograph or making a film of the work:

• (c) in the case of a sound recording or a film, make a copy of the recording or film.

(3) The conditions referred to in subsection (2) are—

• (a) that the recording, film, photograph, or copy is not used for any other purpose; and

• (b) that the recording, film, photograph, or copy is destroyed within 6 months of being first used for communicating the work to the public, unless the Minister has authorised the preservation of any recording, film, photograph, or copy in the records of a government department or in Archives New Zealand (Te Rua Mahara o te Kawanatanga) because of its documentary character or exceptional importance.

(4) A recording, film, photograph, or copy made in accordance with this section shall be treated as an infringing copy—

• (a) for the purposes of any use in breach of the condition contained in subsection (3)(a); and

• (b) for all purposes after either of the conditions contained in subsection (3) is broken.

(1) The playing in public or showing in public of a broadcast (other than a broadcast to which subsections (4) to (7) apply) or cable programme to an audience who have not paid for admission to the place where the broadcast or cable programme is to be heard or seen does not infringe any copyright in—

• (a) the broadcast or cable programme; or

• (b) any sound recording or film included in the broadcast or programme.

(2) For the purposes of subsection (1), the audience shall be treated as having paid for admission to a place—

• (a) if they have paid for admission to a place of which that place forms part; or

• (b) if goods or services are supplied at that place, or a place of which that place forms part,—

  • (i) at prices that are substantially attributable to the facilities afforded for hearing or seeing the broadcast or cable programme; or

  • (ii) at prices exceeding those usually charged there and that are partly attributable to those facilities; or

• (c) if the place is a hotel, motel, camping ground, or any other place that admits persons for a fee for the purposes of obtaining accommodation of a temporary nature and they are persons residing at the hotel, motel, camping ground, or other place.

(3) For the purposes of subsection (1), the following persons shall not be treated as having paid for admission to a place:

• (a) persons admitted as residents or inmates of a place (other than a hotel, motel, camping ground, or other place to which subsection (2)(c) applies):

• (b) persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing broadcasts or cable programmes is only incidental to the main purposes of the club or society.

(4) Subsections (5) to (7) apply in respect of the playing or showing of a broadcast—

• (a) that is made for reception in the area in which it is played or shown; and

• (b) that is not a satellite transmission or an encrypted transmission; and

• (c) that is shown or played simultaneously upon reception of the transmission of the broadcast.

(5) The playing in public or showing in public of a broadcast to which subsection (4) applies to an audience who have not paid for admission to the place where the broadcast is to be heard or seen does not infringe any copyright in—

• (a) the broadcast; or

• (b) any sound recording or film included in the broadcast.

(6) For the purposes of subsection (5), the audience shall be treated as having paid for admission to a place—

• (a) if they have paid for admission to a place of which that place forms part; or

• (b) if goods or services are supplied at that place, or a place of which that place forms part,—

  • (i) at prices that are substantially attributable to the facilities afforded for hearing or seeing the broadcast; or

  • (ii) at prices exceeding those usually charged there and that are partly attributable to those facilities.

(7) For the purposes of subsection (5), the following persons shall not be treated as having paid for admission to a place:

• (a) persons admitted as residents or inmates of a place (including, without limitation, persons residing in a hotel, motel, camping ground, or any other place that admits persons for a fee for the purposes of obtaining accommodation of a temporary nature):

• (b) persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing broadcasts or cable programmes is only incidental to the main purposes of the club or society.

(8) Where the making of the broadcast or inclusion of the programme in a cable programme service was an infringement of the copyright in a sound recording or film, the fact that the broadcast or programme was heard or seen in public by the reception of the broadcast or cable programme shall be taken into account in assessing the damages for that infringement.

(1) This section applies where a broadcast made from a place in New Zealand is, by reception and immediate retransmission, included in a cable programme service.

(2) Where this section applies,—

• (a) copyright in the broadcast is not infringed if and to the extent that the broadcast—

  • (i) is made for reception in the area in which the cable programme service is provided; and

  • (ii) is not a satellite transmission or an encrypted transmission:

• (b) copyright in any work included in the broadcast is not infringed if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided:

• (c) where the making of the broadcast was an infringement of the copyright in any work included in the broadcast, the fact that the broadcast was retransmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.

(3) This section does not apply if or to the extent that licences authorising the reception and immediate retransmission of a broadcast and any work included in the broadcast are available to the person providing the cable programme service under a licensing scheme and the person providing the cable programme service knew that fact.

(4) For the purposes of this section only,—

• (a) sections 3 and 4 of this Act before repeal by the Copyright (New Technologies) Amendment Act 2008 continue to apply as if they had not been repealed and as if references in those provisions to ‘this Act’ were references to this section; and

• (b) the definition of broadcast in section 2(1) of this Act before repeal by the Copyright (New Technologies) Amendment Act 2008 continues to apply as if that definition had not been repealed.

(1) A body prescribed by regulation made under this Act may, for the purpose of providing people who are deaf or hard of hearing, or physically or mentally disabled in any other way, with copies that are subtitled or otherwise modified for their special needs, make copies of a communication work and issue copies to the public, without infringing any copyright in the communication work or in any work included in the communication work.

(2) A body must not be prescribed for the purposes of subsection (1) if it is established or conducted for profit.

(1) A person (A) does not infringe copyright in a communication work, or in any work included in it, by recording it or making a copy of a recording of it, if—

• (a) the communication work is in a class of communication work prescribed by regulations made under this Act; and

• (b) A makes the recording or the copy for the purpose of placing it in an archive maintained by a body prescribed by regulations made under this Act.

(2) A body shall not be prescribed for the purposes of subsection (1) if it is established or conducted for profit.

(1) This section applies to a recording, or a transcript of a recording, of a communication work that consists wholly or substantially of news or reports or discussions of current events.

(1A) The person who makes the recording or transcript does not infringe copyright in the communication work, or in any work included in the communication work, if the conditions in subsection (2) are complied with.

(2) The conditions referred to in subsection (1A) are—

• (a) that the recording—

  • (i) is played solely to enable the making of a transcript of it; and

  • (ii) is destroyed as soon as is reasonably practicable after the transcript is made and not later than one month after the recording is made; and

• (b) that the transcript of the recording is made only—

  • (i) by or on behalf of the person who made the recording; and

  • (ii) for the use of that person or in response to a request from another person for a transcript of the recording; and

• (c) that copies of the transcript are made only—

  • (i) by or on behalf of the person who made the recording; and

  • (ii) for the use of that person or in response to a request from another person for a copy of a transcript of the recording; and

• (d) that the person who made the recording pays equitable remuneration to the copyright owner.

(3) In subsection (2)(d), the term equitable remuneration means a sum agreed by the person who makes the recording and the copyright owner or, in the absence of agreement, a sum determined by the Tribunal on an application under section 168.

(4) This section does not apply if or to the extent that licences authorising the recording of the communication work and the making of transcripts of the recordings are available under a licensing scheme and the person making the recording knew that fact.

An act that under this Act may be done without infringing copyright in a literary, dramatic, or musical work does not, where that work is an adaptation, infringe any copyright in the work from which the adaptation was made.

(1) This section applies if a person (A) infringes the copyright in a work by using 1 or more of the Internet services of an Internet service provider to do a restricted act without the consent of the copyright owner.

(2) Merely because A uses the Internet services of the Internet service provider in infringing the copyright, the Internet service provider, without more,—

• (a) does not infringe the copyright in the work:

• (b) must not be taken to have authorised A’s infringement of copyright in the work:

• (c) subject to subsection (3), must not be subject to any civil remedy or criminal sanction.

(3) However, nothing in this section limits the right of the copyright owner to injunctive relief in relation to A’s infringement or any infringement by the Internet service provider.

(4) In subsections (1) and (2), Internet services means the services referred to in the definition of Internet service provider in section 2(1).

(1) This section applies if—

• (a) an Internet service provider stores material provided by a user of the service; and

• (b) the material infringes copyright in a work (other than as a result of any modification by the Internet service provider).

(2) The Internet service provider does not infringe copyright in the work by storing the material unless—

• (a) the Internet service provider—

  • (i) knows or has reason to believe that the material infringes copyright in the work; and

  • (ii) does not, as soon as possible after becoming aware of the infringing material, delete the material or prevent access to it; or

• (b) the user of the service who provided the material is acting on behalf of, or at the direction of, the Internet service provider.

(3) A court, in determining whether, for the purposes of subsection (2), an Internet service provider knows or has reason to believe that material infringes copyright in a work, must take account of all relevant matters, including whether the Internet service provider has received a notice of infringement in relation to the infringement.

(4) An Internet service provider who deletes a user’s material or prevents access to it because the Internet service provider knows or has reason to believe that it infringes copyright in a work must, as soon as possible, give notice to the user that the material has been deleted or access to it prevented.

(5) Nothing in this section limits the right of the copyright owner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider.

A notice referred to in section 92C(3) must—

• (a) contain the information prescribed by regulations made under this Act; and

• (b) be signed by the copyright owner or the copyright owner’s duly authorised agent.

(1) An Internet service provider does not infringe copyright in a work by caching material if the Internet service provider—

• (a) does not modify the material; and

• (b) complies with any conditions imposed by the copyright owner of the material for access to that material; and

• (c) does not interfere with the lawful use of technology to obtain data on the use of the material; and

• (d) updates the material in accordance with reasonable industry practice.

(2) However, an Internet service provider does infringe copyright in a work by caching material if the Internet service provider does not delete the material or prevent access to it by users as soon as possible after the Internet service provider became aware that—

• (a) the material has been deleted from its original source; or

• (b) access to the material at its original source has been prevented; or

• (c) a court has ordered that the material be deleted from its original source or that access to the material at its original source be prevented.

(3) Nothing in this section limits the right of the copyright owner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider.

(4) In this section,—

(1) Where a copy that would otherwise be an infringing copy—

• (a) is either—

  • (i) made in accordance with any of the provisions of this Act referred to in subsection (2); or

  • (ii) made in accordance with any of the provisions of this Act referred to in subsection (2) and, where the provision in accordance with which the copy is made allows the copy to be dealt with, is dealt with; and

• (b) is subsequently dealt with,—

it shall be treated as an infringing copy—

• (c) for the purposes of the dealing referred to in paragraph (b), unless that dealing is an authorised dealing; and

• (d) For the purposes of any dealing that is subsequent to the dealing referred to in paragraph (b), unless the first-mentioned dealing is an authorised dealing.

(2) The provisions referred to in subsection (1) are as follows:

• (a) section 43A (which relates to transient reproduction of work):

• (b) section 44 (which relates to copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements):

• (c) section 44A (which relates to storing for educational purposes):

• (d) section 45 (which relates to copying for educational purposes of films and sound recordings):

• (e) section 48 (which relates to recording by educational establishments of communication works):

• (f) section 49 (which relates to things done for the purposes of an examination):

• (g) section 51 (which relates to copying by librarians of parts of published works):

• (h) section 52 (which relates to copying by librarians of articles in periodicals):

• (i) section 53 (which relates to copying by librarians for users of other libraries):

• (j) section 55 (which relates to copying by librarians or archivists to replace copies of works):

• (k) section 56 (which relates to copying by librarians or archivists of certain unpublished works):

• (l) sections 56A to 56C (which relate to access to and copying of works in digital format):

• (m) section 58 (which relates to copying by the Parliamentary Library for members of Parliament):

• (n) section 69 (which relates to the provision of Braille copies of literary or dramatic works):

• (o) section 80A (which relates to the decompilation of computer programs):

• (p) section 80B (which relates to copying or adapting computer programs if necessary for lawful use):

• (q) section 81A (which relates to copying sound recordings for private and domestic use):

• (r) section 83 (which relates to recording for the purposes of complaining):

• (s) section 84 (which relates to recording for the purposes of time shifting):

• (t) section 90 (which relates to recording for archival purposes):

• (u) section 92C (which relates to Internet service provider liability for storing infringing material):

• (v) section 92E (which relates to Internet service provider liability for caching infringing material).

(3) In subsection (1), the term dealt with means—

• (a) sold or let for hire in the course of a business or otherwise; or

• (b) offered or exposed for sale or hire in the course of a business.

(1) Subject to section 97,—

• (a) the author of a literary, dramatic, musical, or artistic work that is a copyright work has the right to be identified as the author of the work; and

• (b) the director of a film that is a copyright work has the right to be identified as the director of the work,—

in the circumstances described in this section, but the right is not infringed unless it has been asserted in accordance with section 96.

(2) The author of a literary work (other than words intended to be sung or spoken with music) or a dramatic work has the right to be identified as the author of the work whenever—

• (a) the work is published commercially, performed in public, or communicated to the public; or

• (b) copies of a film or sound recording including the work are issued to the public.

(3) The author of—

• (a) a literary work (other than words intended to be sung or spoken with music); or

• (b) a dramatic work—

from which an adaptation is made has the right to be identified as the author of the work from which the adaptation is made whenever any of the events described in subsection (2) occurs in relation to the adaptation of the work.

(4) The author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, has the right to be identified as the author of the work whenever—

• (a) the work is published commercially; or

• (b) copies of a sound recording of the work are issued to the public; or

• (c) a film whose sound-track includes the work is shown in public; or

• (d) copies of such a film are issued to the public.

(5) The author of—

• (a) a musical work; or

• (b) a literary work consisting of words intended to be sung or spoken with music—

from which an adaptation is made has the right to be identified as the author of the work from which the adaptation is made whenever any of the events described in subsection (4) occurs in relation to the adaptation of the work.

(6) The author of an artistic work has the right to be identified as the author of the work whenever—

• (a) the work is published commercially or exhibited in public; or

• (b) a visual image of the work is communicated to the public; or

• (c) a film including a visual image of the work is shown in public; or

• (d) copies of such a film are issued to the public; or

• (e) in the case of a sculpture, a work of architecture in the form of a building or a model for a building, or a work of artistic craftsmanship, copies of a graphic work representing the work, or of a photograph of the work, are issued to the public.

(7) The author of a work of architecture in the form of a building has the right to be identified as such on the building as constructed or, where more than one building is constructed to the design, on the first to be constructed.

(8) The director of a film has the right to be identified as the director of the film whenever—

• (a) the film is shown in public or communicated to the public; or

• (b) copies of the film are issued to the public.

(1) The right conferred by section 94 on an author or director is as follows:

• (a) in the case of commercial publication, or the issue to the public of copies of a film or sound recording, to be identified clearly and reasonably prominently—

  • (i) in or on each copy published commercially or issued, as the case may be; or

  • (ii) if identification in or on each copy is not appropriate, in some other manner likely to bring his or her identity to the attention of a person acquiring a copy:

• (b) in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building:

• (c) in any other case, to be identified clearly and reasonably prominently in a manner likely to bring his or her identity to the attention of a person seeing or hearing the performance, exhibition, showing, communication work, graphic work, or photograph.

(2) For the purposes of subsection (1), if the author or director, in asserting his or her right to be identified, specifies a pseudonym, initials, or some other particular form of identification, that form shall be used, but, in any other case, any reasonable form of identification may be used.

(1) A person does not infringe the right conferred by section 94 by failing, in the circumstances described in that section, to identify the author as the author of the work or to identify the director as the director of the work, as the case may be, unless the right has been asserted under this section in such a way as to require that person to so identify the author or director.

(2) The right may be asserted generally, or in relation to any specified circumstances,—

• (a) on an assignment of copyright in the work, by including in the instrument effecting the assignment a statement that the author or director asserts in relation to that work his or her right to be identified as the author or director, as the case may be; or

• (b) at any time, by instrument in writing signed by the author or director.

(3) The right may be asserted in relation to the public exhibition of an artistic work—

• (a) by ensuring that when the author or other first owner of copyright parts with possession of the original, or of a copy made by him or her or under his or her direction or control, the author is identified as the author on the original or copy, or on a frame, mount, or other thing to which it is attached; or

• (b) by including in any licence by which the author or other first owner of copyright authorises the making of copies of the work a statement signed by or on behalf of the author or other first owner of the copyright that the author asserts his or her right to be identified as the author in the event of the public exhibition of a copy made in pursuance of the licence.

(4) The persons bound by an assertion of the right under subsection (2) or subsection (3) are,—

• (a) in the case of an assertion under subsection (2)(a), the assignee and anyone claiming through the assignee, whether or not the person claiming through the assignee has notice of the assertion; and

• (b) in the case of an assertion under subsection (2)(b), anyone to whose notice the assertion is brought; and

• (c) in the case of an assertion under subsection (3)(a), anyone into whose hands that original or copy comes, whether or not the identification is still present or visible; and

• (d) in the case of an assertion under subsection (3)(b), the person to whom the licence is granted and any person into whose hands a copy made in pursuance of the licence comes, whether or not the person has notice of the assertion.

(5) In an action for infringement of the right, the court shall, in considering remedies, take into account any delay in asserting the right.

(1) The right conferred by section 94 is subject to the exceptions set out in this section.

(2) The right does not apply in relation to—

• (a) a computer program; or

• (b) a computer-generated work; or

• (c) the design of a typeface.

(3) The right is not infringed by an act that, under any of the following provisions of this Act, would not infringe copyright in the work:

• (a) section 41 (which relates to incidental copying of a work):

• (b) section 42 (which relates to criticism, review, and news reporting):

• (c) section 43A (which relates to transient reproduction of work):

• (d) section 49 (which relates to things done for the purposes of an examination):

• (e) section 59 (which relates to parliamentary and judicial proceedings):

• (f) section 60 (which relates to Royal commissions and statutory inquiries):

• (g) section 67 (which relates to acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works):

• (h) section 81A (which relates to copying sound recordings for private and domestic use).

(4) The right does not apply in relation to any work made for the purpose of reporting current events.

(5) The right does not apply in relation to the publication, in—

• (a) a newspaper, magazine, or similar periodical; or

• (b) an encyclopedia, dictionary, year-book, or other collective work of reference,—

of a literary, dramatic, musical, or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

(6) The right does not apply to any act done by or with the licence of the copyright owner in relation to a work in which copyright first vested in the author's employer under section 21(2) or in the director's employer under section 5(2)(b), if—

• (a) the author or director cannot readily be identified at the time of the act; or

• (b) in the case of a literary, dramatic, musical, or artistic work—

  • (i) more than 2 persons were involved in the creation of the work and it is impracticable at the time of the act to identify the respective contributions of each person to the work; and

  • (ii) the authors have not previously been identified in or on published copies of the work.

(7) The right does not apply in relation to—

• (a) a work in which Crown copyright exists under section 26; or

• (b) a work in which copyright first vested in an international organisation under section 28,—

unless the author or director has previously been identified as such in or on published copies of the work.

(8) The right does not apply in relation to—

• (a) a film that is an advertisement; or

• (b) a part of a film, if that part—

  • (i) appears incidentally in another film, or is included in a communication work; and

  • (ii) is not a substantial part of the film.

(1) For the purposes of this section and section 99,—

• (a) the term treatment of a work means any addition to, deletion from, alteration to, or adaptation of the work, other than—

  • (i) a translation of a literary or dramatic work; or

  • (ii) an arrangement or transcription of a musical work involving no more than a change of key or register; and

• (b) the treatment of a work is derogatory if, whether by distortion or mutilation of the work or otherwise, the treatment is prejudicial to the honour or reputation of the author or director;—

and in the following provisions of this section any reference to a derogatory treatment of a work shall be construed accordingly.

(2) Subject to section 100 and 101,—

• (a) the author of a literary, dramatic, musical, or artistic work that is a copyright work; and

• (b) the director of a film that is a copyright work—

has the right not to have his or her work subjected to a derogatory treatment.

(1) In the case of a literary, dramatic, or musical work, the right conferred by section 98(2) is infringed by a person who—

• (a) publishes commercially, performs in public, or communicates to the public a derogatory treatment of the work; or

• (b) issues to the public copies of—

  • (i) a film or sound recording of; or

  • (ii) a film or sound recording that includes—

a derogatory treatment of the work.

(2) In the case of an artistic work, the right conferred by section 98(2) is infringed by a person who—

• (a) publishes commercially or exhibits in public a derogatory treatment of the work, or communicates to the public a visual image of a derogatory treatment of the work; or

• (b) shows in public a film that includes a visual image of a derogatory treatment of the work or issues to the public copies of such a film; or

• (c) in the case of—

  • (i) a sculpture; or

  • (ii) a work of architecture in the form of a model for a building; or

  • (iii) a work of artistic craftsmanship,—

  issues to the public copies of a graphic work representing, or of a photograph of, a derogatory treatment of the work.

(3) Subsection (2) does not apply to a work of architecture in the form of a building; but where the author of such a work is identified on the building and it is the subject of derogatory treatment the author has the right to require the identification to be removed.

(4) In the case of a film, the right conferred by section 98(2) is infringed by a person who—

• (a) shows in public, or communicates to the public, a derogatory treatment of the film; or

• (b) issues to the public copies of a derogatory treatment of the film; or

• (c) along with the film,—

  • (i) plays in public or communicates to the public; or

  • (ii) issues to the public copies of—

  a derogatory treatment of the film sound-track.

(5) The right conferred by section 98(2) extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director of the work, if those parts are attributed to, or are likely to be regarded as the work of, the author or director.

(6) The right conferred by section 98(2) is infringed by a person who, in the course of a business,—

• (a) possesses; or

• (b) sells or lets for hire; or

• (c) offers or exposes for sale or hire; or

• (d) exhibits in public or distributes—

an object that is, and that the person knows or has reason to believe is, a work or a copy of a work that—

• (e) has been subjected to derogatory treatment; and

• (f) has been, or is likely to be, the subject of any of the acts described in this section in circumstances infringing the right conferred by section 98(2).

(7) The right conferred by section 98(2) is infringed by a person who does an act described in subsection (1) or subsection (2) or subsection (4) or subsection (6) or who authorises another person to do such an act.

(1) The right conferred by section 98(2) is, in relation to literary, dramatic, musical, or artistic works, subject to the exceptions set out in this section.

(2) The right does not apply to—

• (a) a computer program; or

• (b) a computer-generated work; or

• (c) the design of a typeface.

(3) The right does not apply in relation to the publication, in—

• (a) a newspaper, magazine, or similar periodical; or

• (b) an encyclopaedia, dictionary, year-book, or other collective work of reference,—

of a literary, dramatic, musical, or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

(4) The right does not apply in relation to any subsequent exploitation elsewhere, without any modification of the published version, of a work to which subsection (3) applies.

(5) The right is not infringed by an act that, under section 67, would not infringe copyright.

(6) The right does not apply in relation to any work made for the purpose of reporting current events.

(7) The right is not infringed by any act done for the purpose of—

• (a) avoiding the commission of an offence; or

• (b) complying with a duty imposed by or under any enactment—

if,—

• (c) where the author is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the work has been subjected to treatment to which the author has not consented; or

• (d) where the author has previously been identified in or on published copies of the work, there is a clear and reasonably prominent indication, given at the time of the act, that the work has been subjected to treatment to which the author has not consented.

(8) The right does not apply to any act done, by or with the licence of the copyright owner, in relation to—

• (a) a work in which copyright first vested in the author's employer under section 21(2); or

• (b) a work in which Crown copyright exists under section 26; or

• (c) a work in which copyright first vested in an international organisation under section 28—

unless the author—

• (d) is identified at the time of the act; or

• (e) has previously been identified in or on published copies of the work.

(9) Where the right applies under subsection (8), the right is not infringed if,—

• (a) where the author is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the work has been subjected to treatment to which the author has not consented; or

• (b) where the author has previously been identified in or on published copies of the work, there is a clear and reasonably prominent indication, given at the time of the act, that the work has been subjected to treatment to which the author has not consented.

(1) The right conferred by section 98(2) is, in relation to films, subject to the exceptions set out in this section.

(2) The right does not apply in relation to any film made for the purpose of reporting current events.

(3) The right is not infringed by any act done for the purpose of,—

• (a) in relation to the communication of a film,—

  • (i) complying with a duty imposed under section 4 of the Broadcasting Act 1989; or

  • (ii) maintaining standards that are consistent with the observance of good taste and decency and the maintenance of law and order; or

  • (iii) avoiding the commission of an offence; or

  • (iv) complying with a duty imposed by or under any enactment—

• (b) [Repealed]

if,—

• (c) where the director is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the film has been subjected to treatment to which the director has not consented; or

• (d) where the director has previously been identified in or on published copies of the work, there is a clear and reasonably prominent indication, given at the time of the act, that the film has been subjected to treatment to which the director has not consented.

(4) The right does not apply to any act done, by or with the licence of the copyright owner, in relation to—

• (a) a film in which copyright first vested in the director's employer under section 5(2)(b); or

• (b) a film in which Crown copyright exists under section 26; or

• (c) a film in which copyright first vested in an international organisation under section 28—

unless the director—

• (d) is identified at the time of the act; or

• (e) has previously been identified in or on published copies of the film.

(5) Where the right applies under subsection (4), the right is not infringed if,—

• (a) where the director is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the film has been subjected to treatment to which the director has not consented; or

• (b) where the director has previously been identified in or on published copies of the work, there is a clear and reasonably prominent indication, given at the time of the act, that the film has been subjected to treatment to which the director has not consented.

(6) The right is not infringed, in relation to the communication of a film to the public, if the person (A) communicating the film—

• (a) makes a deletion or any deletions from the film that is or are reasonably required to enable A to—

  • (i) follow guidelines as to the programmes that may be shown in particular time periods; or

  • (ii) fit the film into the time scheduled to show it; or

• (b) communicates the film in separate parts because of its length; or

• (c) uses a clip of a film in an advertisement for the showing of the film.