Copyright Act 1994

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

18: Qualification by reference to author

You could also call this:

"Who can get copyright protection in New Zealand"

Illustration for Copyright Act 1994

You qualify for copyright if you are a New Zealand citizen. You also qualify if you live in New Zealand or a company is registered in New Zealand. You can qualify if you are from a certain foreign country. You can qualify if you are a citizen of a certain foreign country. You can also qualify if you live in a certain foreign country or a company is registered in that country. If you made a work with others, it qualifies for copyright if one of you meets these rules. If a work has multiple authors and qualifies for copyright, only the authors who meet these rules are considered. This affects who owns the copyright, as stated in section 21. It also affects how long the copyright lasts, as stated in section 22. Additionally, it affects what you can do with a work if you think the copyright has expired or the author has died, as stated in section 67.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345926.

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17: Qualification for copyright, or

"What you need to do to get copyright protection"


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19: Qualification by reference to country of first publication, or

"Getting copyright based on where your work is first published"

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

18Qualification by reference to author

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

  2. a New Zealand citizen; or
    1. an individual domiciled or resident in New Zealand; or
      1. a body incorporated under the law of New Zealand.
        1. A work qualifies for copyright if the author is, at the material time,—

        2. a citizen or subject of a prescribed foreign country; or
          1. an individual domiciled or resident in a prescribed foreign country; or
            1. a body incorporated under the law of a prescribed foreign country.
              1. 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).

              2. 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:

              3. section 21 (which relates to the first ownership of copyright):
                1. subsections (1) and (4) of section 22 (which relate to the duration of copyright in literary, dramatic, musical, or artistic works):
                  1. 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).
                    Compare
                    • 1962 No 33 ss 7(1), 12(1), 13(1), 14(1), 15(1), 17(1)