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Copyright Act 1994

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

74: Special exception from protection of literary or artistic works

You could also call this:

"Using public patent designs to make objects without breaking copyright rules"

Illustration for Copyright Act 1994

You can make an object in 3 dimensions without infringing copyright if it is based on a patent specification or design that is open to public inspection. This means you can use a patent specification or design to make an object, as long as the patent or design is no longer protected. You can find these specifications and designs at the Intellectual Property Office of New Zealand. You are allowed to make a copy in 2 dimensions if it is needed to make the object, but you cannot make a copy of an artistic work directly from the original work. You also cannot make a copy of a literary work directly from the original work. If a patent or design that has ceased to have effect is restored under the Patents Act 2013 or the Designs Act 1953, anything you did under this rule before it was restored is okay. This means you will not infringe copyright for anything you did during the time the patent or design was not protected. You can use the patent specification or design to make an object without worrying about copyright.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346216.

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73: Representation of certain artistic works on public display, or

"Copying public artworks is allowed"

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75: Special exception from protection of artistic work that has been applied industrially, or

"Copying artistic works used in products, like sculptures or designs, after a certain time"

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

74Special exception from protection of literary or artistic works

  1. The making of any object in 3 dimensions (including, subject to subsection (2), a copy in 2 dimensions reasonably required for the making of the object) does not infringe copyright in a literary or artistic work, if the work or a copy of it forms part of—

  2. a patent specification that—
    1. is open to public inspection in the Intellectual Property Office of New Zealand in respect of a New Zealand patent that, for any reason, has ceased to have effect; and
      1. is used for the purpose of making the object; or
      2. a representation or specimen of a design that—
        1. is open to public inspection in the Intellectual Property Office of New Zealand in respect of a design for which registered protection in New Zealand has ceased; and
          1. is used for the purpose of making the object.

          2. Subsection (1) does not authorise—

          3. the making of a copy in 2 dimensions of an artistic work—where the copy is made directly from that artistic work; or
            1. to which subsection (1) applies; and
              1. that is in 2 dimensions,—
              2. the making of a copy of a literary work to which subsection (1) applies, where the copy is made directly from that literary work.

                1. If a patent that has ceased to have effect is restored by an order made under subpart 12 of Part 3 of the Patents Act 2013, nothing done under subsection (1) in the period beginning with the day on which the patent ceased to have effect and ending with the close of the day on which the order is made constitutes an infringement of copyright in any literary or artistic work or copy of the work forming part of the patent specification.

                2. If the registered protection in New Zealand of a design that has ceased to have effect is restored by an order made under section 41A of the Designs Act 1953, nothing done under subsection (1) in the period beginning with the day on which the protection ceased to have effect and ending with the close of the day on which the order is made constitutes an infringement of copyright in any literary or artistic work or copy of the work forming part of the design.

                Compare
                • 1962 No 33 s 20A
                • 1985 No 134 s 4
                Notes
                • Section 74(1): replaced, on , by section 249 of the Patents Act 2013 (2013 No 68).
                • Section 74(3): replaced, on , by section 249 of the Patents Act 2013 (2013 No 68).
                • Section 74(4): added, on , by section 8 of the Designs Amendment Act 2010 (2010 No 15).