Copyright Act 1994

Dealing with rights in copyright works - Licences to deal with copyright works

112A: Damages for falsely claiming copyright ownership or licence

You could also call this:

"Paying for wrongly saying you own a copyright"

Illustration for Copyright Act 1994

If you falsely claim to own or have a licence for a copyright work, and you threaten or start court action to stop someone using the work, you might have to pay damages. You can be made to pay damages if the event, like a performance or showing of the work, does not happen because of your threat or court action. A court can award damages to people who have lost out because the event did not take place, including the person you threatened or someone who was taken to court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1705812.

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112: Warranty implied in certain licences, or

"Protection when using copyrighted work with a licence"


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112B: Provisions of sections 112 and 112A to have effect no matter what licence says, or

"Rules about copyright apply, no matter what your licence says"

Part 5Dealing with rights in copyright works
Licences to deal with copyright works

112ADamages for falsely claiming copyright ownership or licence

  1. This section applies if—

  2. a person (A) falsely claims to be, or to have been granted a licence by or on behalf of, the owner of the copyright in a literary, dramatic, musical, or an artistic work or a sound recording or film; and
    1. A has threatened or commenced proceedings for preventing, or claiming damages in respect of, a performance or communication to the public of the work, sound recording, or film (which in this section is called the event); and
      1. as a result of the threat or commencement of proceedings, the event has not taken place.
        1. A court may award damages to compensate any of the following persons for any loss sustained because the event did not take place:

        2. in the case of a threat of proceedings, the person to whom A made the threat:
          1. in the case of the commencement of proceedings, a defendant:
            1. any other person interested in the event.
              Notes
              • Section 112A: inserted, on , by section 63 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).