Copyright Act 1994

9: Meaning of issue to the public

You could also call this:

"What issue to the public means in the Copyright Act"

When you hear the phrase "issue to the public" in the Copyright Act 1994, it means making copies of a work available to people for the first time. This does not include selling or giving away copies that are already out there. You need to think about what happens when copies of a work are first made available. If you are talking about computer programs, issuing them to the public can include renting them out. However, this does not apply if the program is part of something else and renting it is not the main reason for the rental. Issuing sound recordings and films to the public can also include renting them out, according to section 12.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345904.

This page was last updated on 3 December 2025 — View changes

Topics:

Arts and culture > Arts fundingArts and culture > Heritage protectionBusiness > Industry rulesBusiness > Intellectual property

8: Meaning of copyright owner, or

"Who is considered the owner of a copyright?"

10: Meaning of publication, or

"What 'publication' means in the Copyright Act"

9Meaning of issue to the public

References in this Act to the issue of copies of a work to the public mean the act of putting into circulation copies not previously put into circulation; and do not include the acts of—
subsequent distribution or sale of those copies; or
subject to subsections (2) and (3), subsequent hiring or loan of those copies; or
subsequent importation of those copies into New Zealand; or
distribution of imported copies that are not infringing copies within the meaning of section 12 subsequent to their importation into New Zealand.

The issue of copies of a work to the public, in relation to computer programs, includes the rental of copies of computer programs to the public and rental subsequent to those works having been put into circulation; but does not include any such rental where—
the computer program is incorporated into any other thing; and
the rental of the computer program is not the principal purpose or one of the principal purposes of the rental; and
the computer program cannot readily be copied by the hirer.

The issue of copies of a work to the public, in relation to sound recordings and films, includes the rental of copies of those works to the public and rental subsequent to those works having been put into circulation.

Notes

Section 9(1)(c): amended, on 19 May 1998, by section 4 of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).
Section 9(1)(d): added, on 19 May 1998, by section 4 of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).
Section 9(2): amended, on 31 October 2003, by section 3(1) of the Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003 (2003 No 111).
Section 9(3): amended, on 31 October 2003, by section 3(2) of the Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003 (2003 No 111).