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Copyright Act 1994

Description, ownership, and duration of copyright - Qualification for copyright

17: Qualification for copyright

You could also call this:

"What you need to do to get copyright protection"

Illustration for Copyright Act 1994

You need to meet certain rules for a work to have copyright. These rules are in sections like section 18, section 19, and section 20. If you meet these rules, you have copyright. If you get copyright because of section 26 or section 28, some rules do not apply. You keep your copyright even if things change. You must meet all the rules that apply to your work. You must satisfy the rules in section 18, section 19, or section 20 for your work to have copyright. Other parts of the Act may have extra rules. You must follow all these rules for your work to have copyright.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345925.

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18: Qualification by reference to author, or

"Who can get copyright protection in New Zealand"

Part 1Description, ownership, and duration of copyright
Qualification for copyright

17Qualification for copyright

  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.