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Copyright Act 1994

Acts permitted in relation to copyright works - Public administration

62: Material communicated to the Crown in course of public business

You could also call this:

"When you send creative work to the government for their work, they can use it without breaking copyright rules."

Illustration for Copyright Act 1994

When you send a creative work to the government as part of their work, they can use it. The government can copy the work and share it with the public if it was sent for a specific reason. They can also use it for related reasons that the owner would have expected. If you send a work to the government, they can use it for the reason you sent it. They can also use it for similar reasons that you would have thought of when you sent it. The government is allowed to do this without breaking copyright rules. The government cannot use a work if it has already been shared with the public in another way. When the law talks about 'public business', it means anything the government does. The government's ability to use a work can be affected by any agreements they have with the owner. You can find more information about what a 'document' is by looking at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM64790

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346202.

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Topics:
Intellectual property > CopyrightGovernment and voting > Government departments
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61: Material open to public inspection or on official register, or

"Copying public information is allowed"

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63: Use of copyright material for services of the Crown, or

"Using copyright material for government work, like keeping people safe, without breaking the rules"

Part 3Acts permitted in relation to copyright works
Public administration

62Material communicated to the Crown in course of public business

  1. This section applies where—

  2. a literary, dramatic, musical, or artistic work has, in the course of public business, been communicated to the Crown for any purpose, by or with the licence of the copyright owner; and
    1. a document (within the meaning of section 2 of the Official Information Act 1982) recording or embodying the work is owned by, or is in the custody or control of, the Crown.

      1. The Crown may, for—

      2. the purpose for which the work was communicated to the Crown; or
        1. any related purpose that could reasonably have been anticipated by the copyright owner,—
            1. copy the work, and issue copies of the work to the public, without infringing copyright in the work.

          1. The Crown may not copy a work, or issue copies of a work to the public, under this section if the work has previously been published otherwise than under this section.

          2. In subsection (1), the term public business includes any activity carried on by the Crown.

          3. This section has effect subject to any agreement to the contrary between the Crown and the copyright owner.