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Copyright Act 1994

Acts permitted in relation to copyright works - Education

45: Copying for educational purposes of films and sound recordings

You could also call this:

"Copying films and sound recordings for school lessons is allowed in certain situations"

Illustration for Copyright Act 1994

You can copy films and sound recordings for educational purposes without infringing copyright in certain circumstances. You can do this when you are making a film or soundtrack as part of a lesson on how to make them. You can copy these works when you are preparing for a lesson, using them in a lesson, or after a lesson. You can also copy sound recordings for educational purposes without infringing copyright in certain circumstances. You can do this when you are learning a language or doing a correspondence course. You can copy these works when you are preparing for a lesson, using them in a lesson, or after a lesson. In both cases, you must not charge students for the copies and you must be the one giving or receiving the lesson, or be doing it on their behalf. However, if there are licences available that allow you to copy these works, and you know about them, then you cannot copy them without getting a licence, as stated in the Copyright (New Technologies) Amendment Act 2008.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345970.

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"Storing copies for school projects without breaking copyright rules"

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Part 3Acts permitted in relation to copyright works
Education

45Copying for educational purposes of films and sound recordings

  1. Copyright in any work that is a film, sound recording, or communication work, or any work included in a film, sound recording, or communication work, is not infringed by the copying of that work in the circumstances set out in subsection (2).

  2. The circumstances referred to in subsection (1) are—

  3. that the copying consists of or includes the making of a film or film soundtrack—where the lesson is on how to make films or film soundtracks; and
    1. in the course of preparation for instruction; or
      1. for use in the course of instruction; or
        1. in the course of instruction; or
          1. after the course of instruction,—
          2. that the copying is done by or on behalf of a person who is to give, is giving, or has given the lesson or by or on behalf of a person who is to receive, is receiving, or has received the lesson; and
            1. that no charge is made for the supply of a copy to any student or other person who is to receive, is receiving, or has received the lesson.

              1. Copyright in—

              2. any work that is a sound recording; or
                1. any work included in a sound recording—
                    1. is not infringed by the copying of that work in the circumstances set out in subsection (4).

                  1. The circumstances referred to in subsection (3) are—

                  2. that the copying is done—where the lesson—
                    1. in the course of preparation for instruction; or
                      1. for use in the course of instruction; or
                        1. in the course of instruction; or
                          1. after the course of instruction,—
                            1. relates to the learning of a language; or
                              1. is conducted by correspondence; and
                              2. that the copying is done by or on behalf of a person who is to give, is giving, or has given the lesson or by or on behalf of a person who is to receive, is receiving, or has received the lesson; and
                                1. that no charge is made for the supply of a copy to any student or other person who is to receive, is receiving, or has received the lesson.

                                  1. Subsections (3) and (4) do not apply if or to the extent that licences authorising the copying of a work in the circumstances set out in subsection (4) are available under a licensing scheme and the person doing the copying knew that fact.

                                  Notes
                                  • Section 45(1): substituted, on , by section 27 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).