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Copyright Act 1994

Description, ownership, and duration of copyright - Crown copyright

26: Crown copyright

You could also call this:

"Copyright rules for work made for the government"

Illustration for Copyright Act 1994

You make a work for the Crown as an employee or contractor. The work is protected by copyright, even if section 17(1) says otherwise. The Crown owns the copyright. When you make a work for the Crown, it is called Crown copyright. This is true even if the Crown gives the copyright to someone else. Crown copyright lasts for a certain time. For some works, it lasts 25 years after the work is made. For other works, it lasts 100 years after the work is made. If you make a work with others and some of you work for the Crown, this section only applies to the Crown employees. The rest of the Copyright Act applies to Crown copyright, unless it says otherwise. This section can be overridden by an agreement. It is also subject to section 27.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345937.

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"How long copyright lasts for book layouts"

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"Some government works are not protected by copyright"

Part 1Description, ownership, and duration of copyright
Crown copyright

26Crown copyright

  1. Where a work is made by a person employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services,—

  2. the work qualifies for copyright notwithstanding section 17(1); and
    1. the Crown is the first owner of any copyright in the work.

      1. Copyright in such a work is referred to in this Act as Crown copyright, notwithstanding that such copyright is assigned to another person.

      2. Crown copyright shall expire,—

      3. in the case of a typographical arrangement of a published edition, at the end of the period of 25 years from the end of the calendar year in which the work is made:
        1. in the case of any other work, at the end of the period of 100 years from the end of the calendar year in which the work is made.

          1. In the case of a work of joint authorship where 1 or more, but not all, of the authors are persons employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services, this section applies only in relation to those authors and the copyright existing by virtue of their contribution to the work.

          2. Subject to this section and to any other express provision of this Act, the provisions of this Act apply in relation to Crown copyright as to other copyright.

          3. Subsection (1) applies subject to any agreement to the contrary.

          4. This section is subject to section 27.

          Compare
          • 1962 No 33 s 52