Copyright Act 1994

Acts permitted in relation to copyright works - Libraries and archives

56: Copying by librarians or archivists of certain unpublished works

You could also call this:

"Librarians can copy unpublished works for research or study if they follow the rules"

You can get a copy of an unpublished work from a library or archive if certain conditions are met. The librarian or archivist can make a copy for you without breaking copyright laws. They must follow specific rules, such as only giving you one copy. You can only use the copy for research or private study. If you have to pay for the copy, the cost must be reasonable. The library or archive can charge you for making the copy and a small amount for their expenses. A copy can be a digital copy, but there are extra rules to follow, and section 56B also applies. Some archives, like those maintained by Radio New Zealand Limited or the New Zealand Film Archive Incorporated, do not follow these rules. The librarian or archivist cannot make a copy if the copyright owner has said they do not want copies made. You must not use the copy for anything other than research or private study if you get a copy made under these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345989.

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

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55: Copying by librarians or archivists to replace copies of works, or

"Librarians can copy items to replace lost or damaged ones without breaking copyright rules."

56A: Library or archive may communicate digital copy to authenticated users, or

"Libraries and archives can share digital copies with approved users in a way that respects copyright laws."

Part 3Acts permitted in relation to copyright works
Libraries and archives

56Copying by librarians or archivists of certain unpublished works

The librarian of a prescribed library or the archivist of an archive may, if the conditions contained in subsection (3) are complied with, copy for supply to any person a copy of an unpublished work in the library or archive, without infringing copyright in that work.
This section does not apply if the copyright owner has prohibited copying of the work and at the time the copy is made the librarian or archivist making it is, or ought to be, aware of that fact.
The conditions referred to in subsection (1) are—
that no person is supplied on the same occasion with more than 1 copy of the same work; and
that, where any person to whom a copy is supplied is required to pay for the copy, the payment required is no higher than a sum consisting of the total of the cost of production of the copy and a reasonable contribution to the general expenses of the library or archive.

Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, that person may use the copy only for the purposes of research or private study.
The provisions of this section do not apply to the sound archive maintained by Radio New Zealand Limited, the film archive maintained by Television New Zealand Limited, or the film archive maintained by the New Zealand Film Archive Incorporated.
In this section, copy includes a digital copy, but in that case section 56B applies as well.

Compare

1962 No 33 s 21(3)

Notes

Section 56(6): added, on 31 October 2008, by section 36 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).