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Copyright Act 1994

Acts permitted in relation to copyright works - Public administration

63: Use of copyright material for services of the Crown

You could also call this:

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

Illustration for Copyright Act 1994

You can use copyright material without infringing copyright if you are doing it for the Crown. This can be for national security or during an emergency. It can also be to keep the public safe or healthy. If you use copyright material in this way, the Crown must pay the copyright owner fair compensation. They will agree on the amount or a Tribunal will decide. Using copyright material for the Crown does not make the work public or change how long the copyright lasts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346204.

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

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

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64: Rights of third parties in respect of Crown use, or

"What happens when the government uses a copyright work and someone else has rights to it"

Part 3Acts permitted in relation to copyright works
Public administration

63Use of copyright material for services of the Crown

  1. Copyright in a work is not infringed by anything done in relation to the work, by or on behalf of the Crown or any person authorised in writing by a government department,—

  2. for the purpose of national security or during a period of emergency; or
    1. in the interests of the safety or health of the public or any members of the public.

      1. Where any act is done under subsection (1), the Crown shall be liable to pay, out of money appropriated by Parliament for the purpose, equitable remuneration to the copyright owner upon such terms as may be agreed upon between the Crown and the copyright owner or, in the absence of agreement, upon such terms as shall be determined by the Tribunal.

      2. No act to which subsection (1) applies shall—

      3. constitute publication of a work; or
        1. affect the term of copyright in a work.

          Compare
          • 1962 No 33 s 53(1), (3), (4)