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Copyright Act 1994

Acts permitted in relation to copyright works - Public administration

64: Rights of third parties in respect of Crown use

You could also call this:

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

Illustration for Copyright Act 1994

You have rights when the government uses a copyright work. If someone has a contract with the copyright owner, it does not stop the government from using the work under section 63. The government must pay the person who has the exclusive right to use the work. When the government uses a work under section 63 and someone has an exclusive licence, the government pays them. They agree on the amount or the Tribunal decides. If someone has a non-exclusive licence and the government pays the copyright owner, they can get a share of the payment. You can get a share of the payment if you have a non-exclusive licence and the government pays the copyright owner or the exclusive licensee under section 63. You agree on the amount with the copyright owner or the exclusive licensee, or the Tribunal decides. The Tribunal helps decide the amount if you cannot agree.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346205.

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Intellectual property > CopyrightGovernment and voting > Government departmentsMoney and consumer rights > Payment disputes
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Part 3Acts permitted in relation to copyright works
Public administration

64Rights of third parties in respect of Crown use

  1. No provision of any assignment or licence in force between the copyright owner and a person other than a government department shall be effective to prevent any act being done in relation to a copyright work, where that act is done under section 63.

  2. Where—

  3. an act is done under section 63; and
    1. an exclusive licence is in force in respect of the work in relation to which the act is done,—
        1. the Crown shall be liable to pay, out of money appropriated by Parliament for the purpose, equitable remuneration to the licensee upon such terms as may be agreed between the Crown and the licensee or, in the absence of agreement, upon such terms as shall be determined by the Tribunal.

      1. Where—

      2. a person has a right in relation to a work, by any licence other than an exclusive licence; and
        1. a payment is made, in respect of that work, under section 63 to the copyright owner or under subsection (2) to the exclusive licensee,—
            1. the person is entitled to recover from the owner or exclusive licensee, as the case may be, such part of any payment as may be agreed between that person and the copyright owner or the exclusive licensee, as the case may be, or, in the absence of agreement, as shall be determined by the Tribunal.

          Compare
          • 1962 No 33 s 54