Copyright Act 1994

Acts permitted in relation to copyright works - Public administration

65: Proceedings against the Crown

You could also call this:

"Suing the Government for Breaking Copyright Law"

Illustration for Copyright Act 1994

You can take the Crown to court if one of its employees or agents breaks copyright law with the Crown's permission. This is done under the Crown Proceedings Act 1950. The Crown still has its own rights, as stated in section 63, and these are not affected. You can sue the Crown for breaking copyright law, but only if the Crown allowed it to happen. The Crown Proceedings Act 1950 explains how to do this. The Crown's rights are still protected under section 63. If someone working for the Crown breaks copyright law, you can take the Crown to court. You do this using the Crown Proceedings Act 1950. The Crown's own rights, like those in section 63, remain the same.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346206.

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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"


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66: Acts done under statutory authority, or

"Doing something a law allows does not break copyright rules"

Part 3Acts permitted in relation to copyright works
Public administration

65Proceedings against the Crown

  1. Where any employee or agent of the Crown infringes copyright in a work, and the infringement is committed with the authority of the Crown, civil proceedings in respect of the infringement shall, subject to this Act, lie against the Crown under the Crown Proceedings Act 1950.

  2. Nothing in subsection (1) shall affect the rights of the Crown, or any person authorised by a government department, under section 63.

Compare
  • 1962 No 33 s 55(1), (2)