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Copyright Act 1994

Acts permitted in relation to copyright works - Literary, dramatic, musical, or artistic works

67: Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works

You could also call this:

"Using anonymous works when you can't find the author or think copyright has expired"

Illustration for Copyright Act 1994

You can use a literary, dramatic, musical, or artistic work without infringing copyright if you cannot find out who the author is. You must have tried to find out who the author is by making reasonable inquiries. You can also use the work if you think the copyright has expired or the author died 50 years or more before you used the work. You can make this assumption if you cannot find out who the author is and you think the copyright has expired or the author died a long time ago. However, this does not apply to some works, such as those where the Crown owns the copyright under section 26. It also does not apply to works where the copyright is owned by an international organisation under section 28 and the copyright period is longer than 50 years. If a work has many authors, you need to try to find out who any of the authors are. You can use the work if you think all the authors have died 50 years or more before you used the work. This means you need to consider all the authors, not just one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346209.

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

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Part 3Acts permitted in relation to copyright works
Literary, dramatic, musical, or artistic works

67Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works

  1. Copyright in a literary, dramatic, musical, or artistic work is not infringed by any act done at a time when, or in pursuance of arrangements made at a time when,—

  2. it is not possible for a person who wishes to do so to ascertain the identity of the author by reasonable inquiry; and
    1. it is reasonable to assume—
      1. that copyright has expired; or
        1. that the author died 50 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.

        2. Subsection (1)(b)(ii) does not apply in relation to—

        3. a work in which Crown copyright exists under section 26; or
          1. a work—
            1. in which copyright originally vested in an international organisation under section 28; and
              1. in respect of which an order made under that section specifies a copyright period longer than 50 years.

              2. In relation to a work of joint authorship,—

              3. the reference in subsection (1)(a) to its being possible to ascertain the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors; and
                1. the reference in subsection (1)(b)(ii) to the author having died shall be construed as a reference to all the authors having died.