Copyright Act 1994

Infringement of copyright - Primary infringement of copyright

34: Infringement by making adaptation or act done in relation to adaptation

You could also call this:

"Breaking copyright rules by changing or using a work in a new way"

You can infringe copyright by making an adaptation of a work. This only applies to literary, dramatic, or musical works. An adaptation is made when it is recorded in some way. You can also infringe copyright by doing certain acts in relation to an adaptation of a work. These acts are listed in sections 30 to 33 or in the rules about making adaptations. This applies to the original work that the adaptation was made from. If you do something with an adaptation, like showing it or distributing it, it does not matter if the adaptation was recorded or not. This is according to sections 32 and 33 of the Copyright Act 1994. You can find more information about these sections by looking at section 32 and section 33.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345949.

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

Topics:

Business > Intellectual property

33: Infringement by communicating to public, or

"Sharing copyright work with others is not allowed"

35: Infringement by importation, or

"Breaking copyright law by bringing fake copies into New Zealand"

Part 2Infringement of copyright
Primary infringement of copyright

34Infringement by making adaptation or act done in relation to adaptation

The making of an adaptation of a work is a restricted act only in relation to a literary, dramatic, or musical work.
For the purposes of subsection (1), an adaptation is made when it is recorded, in writing or otherwise.
The doing of any of the acts specified in any of sections 30 to 33 or in subsection (1), in relation to an adaptation of a work, is also a restricted act in relation to the literary, dramatic, or musical work from which the adaptation was made.
For the purposes of subsection (3), where the act done in relation to an adaptation of a work is an act specified in section 32 or section 33, it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done.