New Zealand Acts

COPYRIGHT ACT 1994

- As at 13 November 2025
- Act 143 of 1994

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement
   2.      Interpretation
   3.      Associated definitions for communication works
   4.      Meaning of cable programme service, and associated definitions
   5.      Meaning of author
   6.      Meaning of work of joint authorship
   7.      Meaning of unknown authorship
   8.      Meaning of copyright owner
   9.      Meaning of issue to the public
   10.     Meaning of publication
   11.     Meaning of commercial publication
   12.     Meaning of infringing copy
   13.     Act to bind the Crown

   PART 1 - Description, ownership, and duration of copyright

   14.     Copyright in original works
   15.     Recording necessary for some works
   16.     Acts restricted by copyright
   17.     Qualification for copyright
   18.     Qualification by reference to author
   19.     Qualification by reference to country of first publication
   20.     Qualification by reference to origin of communication work
   21.     First ownership of copyright
   22.     Duration of copyright in literary, dramatic, musical, or artistic works
   23.     Duration of copyright in sound recordings and films
   24.     Duration of copyright in communication works
   25.     Duration of copyright in typographical arrangement of published editions
   26.     Crown copyright
   27.     No copyright in certain works
   28.     Copyright vesting in certain international organisations

   PART 2 - Infringement of copyright

   29.     Infringement of copyright
   30.     Infringement by copying
   31.     Infringement by issue of copies to public
   32.     Infringement by performance or playing or showing in public
   33.     Infringement by communicating to public
   34.     Infringement by making adaptation or act done in relation to adaptation
   35.     Infringement by importation
   36.     Possessing or dealing with infringing copy
   37.     Providing means for making infringing copies
   38.     Permitting use of premises for infringing performance
   39.     Provision of apparatus for infringing performance, etc

   PART 3 - Acts permitted in relation to copyright works

   40.     Provisions to be construed independently
   41.     Incidental copying of copyright work
   42.     Criticism, review, and news reporting
   43.     Research or private study
   43A.    Transient reproduction of work
   44.     Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements
   44A.    Storing copies for educational purposes
   45.     Copying for educational purposes of films and sound recordings
   46.     Anthologies for educational use
   47.     Performing, playing, or showing work in course of activities of educational establishment
   48.     Copying and communication of communication work for educational purposes
   49.     Things done for purposes of examination
   50.     Interpretation
   51.     Copying by librarians of parts of published works
   52.     Copying by librarians of articles in periodicals
   53.     Copying by librarians for users of other libraries
   54.     Copying by librarians for collections of other libraries
   55.     Copying by librarians or archivists to replace copies of works
   56.     Copying by librarians or archivists of certain unpublished works
   56A.    Library or archive may communicate digital copy to authenticated users
   56B.    Additional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56
   56C.    Additional condition for making digital copies under section 53 or 54
   57.     Playing or showing sound recordings or films
   57A.    Making archived works available for public viewing
   58.     Copying by Parliamentary Service for members of Parliament
   59.     Parliamentary and judicial proceedings
   60.     Royal commissions and statutory inquiries
   61.     Material open to public inspection or on official register
   62.     Material communicated to the Crown in course of public business
   63.     Use of copyright material for services of the Crown
   64.     Rights of third parties in respect of Crown use
   65.     Proceedings against the Crown
   66.     Acts done under statutory authority
   67.     Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works
   68.     Use of recording of spoken words in certain cases
   69.     Authorised entity types
   69A.    Accessible format copy activities by authorised entity
   69B.    Accessible format copy activities by person who is not authorised entity
   69C.    Duties of authorised entity in regard to records and fees
   69D.    Ministry must publish list of authorised entities on Internet site
   70.     Public reading or recitation
   71.     Abstracts of scientific or technical articles
   72.     Recordings of folk songs
   73.     Representation of certain artistic works on public display
   74.     Special exception from protection of literary or artistic works
   75.     Special exception from protection of artistic work that has been applied industrially
   76.     Special exception from protection of literary and artistic works relating to medicines
   77.     Making of subsequent works by same artist
   78.     Reconstruction of buildings
   79.     Rental by educational establishments and libraries
   80.     Back-up copy of computer program
   80A.    Decompilation of computer program
   80B.    Copying or adapting computer program if necessary for lawful use
   80C.    Observing, studying, or testing of computer program
   80D.    Certain contractual terms relating to use of computer programs have no effect
   81.     Playing of sound recordings for purposes of club, society, etc
   81A.    Copying sound recording for personal use
           Note
   82.     Recording for purposes of maintaining standards in programmes
   83.     Recording for purposes of complaining
   84.     Recording for purposes of time shifting
   85.     Incidental recording for purposes of communication
   86.     Photographs of television broadcasts or cable programmes
   87.     Free public playing or showing of communication work
   87A.    Free public playing or showing of communication work that is simultaneous with reception
   87B.    Assessment of damages for infringement of copyright in sound recording or film
   88.     Reception and retransmission of broadcast in cable programme service
   89.     Provision of subtitled copies of communication work
   90.     Recording for archival purposes
   91.     Recording by media monitors
   92.     Adaptations
           Note
   92A.    Internet service provider must have policy for terminating accounts of repeat infringers
   92B.    Internet service provider liability if user infringes copyright
   92C.    Internet service provider liability for storing infringing material
   92D.    Requirements for notice of infringement
   92E.    Internet service provider does not infringe copyright by caching infringing material
   93.     Subsequent dealings with copies made under this Part

   PART 4 - Moral rights

   94.     Right to be identified as author or director
   95.     Content of right to be identified
   96.     Right must be asserted
   97.     Exceptions to right to be identified
   98.     Right to object to derogatory treatment of work
   99.     Content of right to object to derogatory treatment
   100.    Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work
   101.    Exceptions to right to object to derogatory treatment of films
   102.    False attribution of identity of author or director
   103.    False representation as to literary, dramatic, or musical work
   104.    False representations as to artistic work
   105.    Right to privacy of certain photographs and films
   106.    Duration of rights
   107.    Consent and waiver of rights
   108.    Application of provisions to joint works other than films
   109.    Application of provisions to joint works that are films
   110.    Application of provisions to parts of works

   PART 5 - Dealing with rights in copyright works

   111.    Licences
   112.    Warranty implied in certain licences
   112A.   Damages for falsely claiming copyright ownership or licence
   112B.   Provisions of sections 112 and 112A to have effect no matter what licence says
   113.    Transmission of copyright
   114.    Assignment
   115.    Copyright to pass under will with unpublished works
   116.    Future copyright
   117.    Right to make conditions in respect of certain unpublished works
   118.    Moral rights not assignable
   119.    Transmission of moral rights on death

   PART 6 - Remedies for infringement

   120.    Infringement actionable by copyright owner
   121.    Provisions as to damages in infringement proceedings
   122.    Order for delivery up in civil proceedings
           Note
   122A.   Interpretation for sections 122B to 122U
   122B.   Overview of infringing file sharing regime
   122C.   IPAPs to send infringement notices
   122D.   Detection notices
   122E.   Warning notices
   122F.   Enforcement notices
   122G.   Challenging infringement notices
   122H.   Effect of challenge to, and cancellation of, infringement notice
   122I.   Enforcement action after issue of enforcement notice
   122J.   Application to Tribunal
   122K.   Notice of proceedings
   122L.   Decisions generally made on papers and without hearing
   122M.   If hearing is held
   122N.   Infringement notice as evidence of copyright infringement
   122O.   Tribunal order requiring payment to rights owner
   122P.   Court order suspending account holder's account
   122Q.   Order requiring IPAP to disclose account holder details
   122R.   Suspension orders and orders under section 122Q not available until date set by Order in Council
   122S.   Application of section 122C to cellular mobile networks
   122T.   Obligations of IPAPs
   122U.   Fees payable by rights owners to IPAPs
   123.    Rights and remedies of exclusive licensee
   124.    Exercise of concurrent rights
   125.    Infringement of moral rights actionable
   126.    Presumptions relevant to literary, dramatic, musical, or artistic works
   127.    Presumptions relevant to certain artistic works
   128.    Presumptions relevant to computer programs, sound recordings, and films
   129.    Presumptions relevant to works subject to Crown copyright
   130.    Unjustified proceedings
   131.    Criminal liability for making or dealing with infringing objects
   131A.   Time for laying information
   132.    Order for delivery up in criminal proceedings
   133.    Liability of officers of body corporate
   133A.   Evidence in proceedings
   134.    Order as to disposal of infringing copy or other object

   PART 6A - Enforcement officers
   Note
   Note

   134A.   Chief executive may appoint enforcement officers
   134B.   Authority to act as enforcement officer
   134C.   Functions of enforcement officer
           Note
   134D.   Enforcement officer’s power of entry and examination without warrant
   134E.   What enforcement officer and person assisting may do when exercising power of entry and examination without warrant
           Note
   134F.   Enforcement officer or member of Police may apply for search warrant
   134G.   Application for search warrant
   134H.   Mode of application for search warrant
   134I.   Form and content of search warrant
   134J.   Transmission of search warrant
   134K.   Retention of documents
   134L.   When search warrant is executed
   134M.   Powers of entry and search under warrant
   134N.   Powers of persons called to assist
           Note
   134O.   Application of sections 134P to 134S
   134P.   Powers and duties of person exercising power of entry and search or power of entry and examination
   134Q.   Inventory of things seized
   134R.   Compliance with certain provisions may be deferred in certain circumstances
   134S.   Further extension to, or dispensation from, obligation to comply with certain provisions
           Note
   134T.   Period things seized may be retained
   134U.   Application for order to return things seized
   134V.   Disposal of things seized
   134W.   Disposal of perishable things
           Note
   134X.   Enforcement officer may apply for production order
   134Y.   Judge may order documents to be produced
   134Z.   Powers of enforcement officer to whom documents produced
   134ZA.  Offence of failing to comply with order to produce documents
           Note
   134ZB.  Powers of Police
           Note
   134ZC.  Privilege against self-incrimination
   134ZD.  Other privileges
   134ZE.  Disclosure of information
   134ZF.  No liability if functions performed or powers exercised in good faith

   PART 7 - Border protection measures

   135.    Definitions
   135A.   Detention of items suspected of being pirated copies
   135B.   Notice
   135C.   Release of items
   136.    Notice may be given to chief executive
   136A.   Chief executive may suspend accepted notice
   136B.   Notice of suspension
   136C.   Chief executive may reinstate accepted notice
   136D.   Duration of accepted notice
   137.    Determination whether item is pirated copy
   138.    Limitations on requirement to supply information
   139.    Notice of determination
   140.    Detention of pirated copy
   141.    Proceedings
   141A.   Forfeiture of goods by consent
   142.    Powers of court
   143.    Inspection of item
           Note
   144.    Customs officer may seize goods in control of Customs
   144A.   Chief executive may require person to produce documents concerning goods in control of Customs
   144B.   Chief executive may require person to appear and answer questions concerning goods in control of Customs
   144C.   Customs officer may apply for production order
   144D.   Judge may order documents to be produced
   144E.   Powers of Customs officer to whom documents produced
   144F.   Issue of search warrants to Customs officers
   144G.   Privilege against self-incrimination
   144H.   Other privileges
   144I.   Offences
           Note
   145.    Delegation of powers, duties, and functions
   146.    Protection of persons acting under authority of Act

   PART 8 - Copyright licensing

   147.    Works of more than 1 author
   148.    Licensing schemes to which sections 149 to 155 apply
   149.    Reference of proposed licensing scheme to Tribunal
   150.    Reference of licensing scheme to Tribunal
   151.    Further reference of scheme to Tribunal
   152.    Effect of order of Tribunal made on reference
   153.    Application for grant of licence in connection with licensing scheme
   154.    Application for review of order as to entitlement to licence
   155.    Effect of order of Tribunal made on application
   156.    Licences to which sections 157 to 160 apply
   157.    Reference to Tribunal of proposed licence
   158.    Reference to Tribunal of expiring licence
   159.    Application for review of order as to licence
   160.    Effect of order of Tribunal as to licence
   161.    Unreasonable discrimination
   162.    Licences for reprographic copying
   163.    Licences for educational establishments in respect of works included in communication works
   164.    Licences to reflect conditions imposed by promoters of events
   165.    Licences to reflect payments in respect of underlying rights
   166.    Licences in respect of works included in retransmissions
   167.    Implied indemnity in certain schemes and licences for reprographic copying
   168.    Determination of equitable remuneration

   PART 9 - Performers' rights

   169.    Interpretation
   170.    General provisions relating to performers’ rights

           SUBPART 1 - Performers’ moral rights
           Note
           Note

   170A.   Right to be identified as performer
   170B.   Content of right to be identified as performer
   170C.   Right to be identified as performer must be asserted
   170D.   Exceptions to right to be identified as performer
           Note
   170E.   Right relating to derogatory treatment of performance
   170F.   Content of right relating to derogatory treatment of performance
   170G.   Exceptions to right relating to derogatory treatment of performance
           Note
   170H.   Consent and waiver of rights
   170I.   Application to parts of performances

           SUBPART 2 - Consent required for recording, live transmission, or use of recording of performance
           Note
           Note

   171.    Consent required for recording or live transmission of performance
   172.    Infringement by use of recording made without performer’s consent

           SUBPART 3 - Performers’ rights relating to film
           Note

   173.    Copying of film recordings
   174.    Infringement by importing, possessing, or dealing with illicit recording

           SUBPART 4 - Performers’ property rights relating to sound recordings
           Note

   174A.   Application
   174B.   Consent required to communicate or play sound recording to public
   174C.   Consent required for copying of sound recording
   174D.   Consent required for issue of copies to public

           SUBPART 5 - Acts permitted in relation to performances
           Note
           Note

   175.    Incidental copying of performance or recording
   175A.   Transient reproduction of recording of performance
   176.    Permitted acts in relation to performances, criticism, reviews, and news reporting
   177.    Things done for purposes of instruction or examination
   178.    Playing or showing sound recording, film, or communication work at educational establishment
   179.    Recording of communication works by educational establishment
   180.    Subsequent dealings
   181.    Parliamentary and judicial proceedings
   182.    Royal commissions and statutory inquiries
   183.    Acts done under statutory authority
   184.    Use of recordings of spoken works in certain cases
   185.    Recordings of folk songs
   186.    Playing of sound recordings for purposes of club, society, etc
   187.    Incidental recording for purposes of communication work
   188.    Free public playing or showing of communication work
   188A.   Free public playing or showing of communication work that is simultaneous with reception
   188B.   Assessment of damages for infringement of rights under subparts 2 to 4 in relation to performance or recording
   189.    Reception and retransmission of broadcast in cable programme service
   190.    Provision of subtitled copies of communication work
   191.    Recording of communication work for archival purposes
   192.    Power of Tribunal to give consent on behalf of performer
   192A.   Other acts permitted in relation to performers’ property rights

           SUBPART 6 - Miscellaneous provisions
           Note

   193.    Duration of rights
   194.    Transmission of performers’ rights
   194A.   Moral rights not assignable
   194B.   Transmission of moral rights on death
   194C.   Performers’ rights relating to consent for recording or live transmission and to film recordings not assignable
   194D.   Transmission of performers’ rights relating to consent for recording or live transmission and to film recordings on death
   194E.   Transmission of performers’ property rights
   194F.   Assignment
   194G.   Performers’ property rights to pass under will with unpublished original recording
   194H.   Future property rights
           Note
   194I.   Licences
   194J.   Rights and remedies of exclusive licensee
   194K.   Exercise of concurrent rights
           Note
   195.    Consent and waiver
   196.    Proceedings for infringement of performers' rights
   196A.   Proceedings against the Crown
   197.    Order for delivery up in civil proceedings
           Note
   197A.   Presumptions relevant to performances
   198.    Criminal liability for making, dealing with, using, or copying illicit recordings
   199.    Order for delivery up in criminal proceedings
   200.    False representation of authority to give consent
   201.    Liability of officers of body corporate
   201A.   Evidence in proceedings
   202.    Order as to disposal of illicit recording
   203.    Application of this Part to convention countries
   204.    Application of Part 9 to other entities

   PART 10 - Copyright Tribunal

   205.    Copyright Tribunal
   206.    Membership of Tribunal
   207.    Term of office of members of Tribunal
   208.    Vacation of office
   209.    Appointment of temporary acting chairperson or members
   209A.   Delegation by chairperson of Tribunal
   210.    Remuneration and travelling allowances
   211.    Jurisdiction of Tribunal
   211A.   Orderly and efficient operation
   212.    Parties to proceedings
   213.    Hearing
   214.    Procedure of Tribunal
   214A.   Tribunal may strike out, determine, or adjourn proceeding
   215.    Evidence in proceedings before Tribunal
   216.    Witness summons
   217.    Service of summons
   218.    Witnesses' allowances
   219.    Privileges and immunities
   220.    Non-attendance or refusal to co-operate
   221.    Contempt of Tribunal
   222.    Costs
   222A.   Power to award interest
   223.    Stating case for High Court
   224.    Appeal on question of law
           Note
   224A.   Practice notes
   224B.   Online publication of information about procedures, time frames, and progress of decisions
   224C.   Online publication of final written decisions

   PART 11 - Miscellaneous provisions

   225.    Rights and privileges under other enactments or common law
           Note
   226.    Interpretation for sections 226A to 226E
   226A.   Prohibited conduct in relation to technological protection measure
   226B.   Rights of issuer of TPM work
   226C.   Offence of contravening section 226A
   226D.   When rights of issuer of TPM work do not apply
   226E.   User’s options if prevented from exercising permitted act by TPM
           Note
   226F.   Meaning of copyright management information
   226G.   Interference with CMI prohibited
   226H.   Commercial dealing in work subject to CMI interference
   226I.   Contravention of section 226G or 226H
   226J.   Offence of dealing in work subject to CMI interference
   227.    Offence of fraudulently receiving programmes
   228.    Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions
   229.    Supplementary provisions as to fraudulent reception
   230.    Application to convention countries
   231.    Expenditure or liability incurred in connection with copyright work
   232.    Application of Act (other than Part 9) to other entities
   233.    Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works
   234.    Regulations
   235.    Transitional provisions and savings
   236.    Consequential amendments and repeals
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4