Copyright Act 1994

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

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

You could also call this:

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

You can make an object without infringing copyright in an artistic work if the work has been applied industrially. This means the work was used to make many copies of something, like a sculpture or a design on a product. The work must have been used industrially more than 16 or 25 years ago, depending on the type of work. You can make a copy of the work in 2 dimensions if you need it to make the object. But you cannot make a copy of a 2-dimensional work, like a picture, directly from the original. The type of work and how it was used industrially determines how long you must wait before making a copy. An artistic work is applied industrially if many copies are made for sale or hire. This can happen in different ways, such as making many objects with the same design or using a plate to produce many copies. In some cases, multiple copies that are similar and used together are considered a single copy. The rules about applying a work industrially help decide when you can make a copy without infringing copyright. You need to consider how the work was used and how long ago it was used to determine if you can make a copy. This helps you understand when you can make an object without infringing copyright in an artistic work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346217.

This page was last updated on 3 December 2025 — View changes

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Business > Intellectual propertyArts and culture > Heritage protection

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

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

The making of—
any object in 3 dimensions; or
subject to subsection (3), a copy in 2 dimensions reasonably required for the making of the object—
in the case of a work of artistic craftsmanship, more than 25 years before the object or copy is made:
in the case of a sculpture that is a cast or pattern for an object that has a primarily utilitarian function, more than 16 years before the object or copy is made:
subject to subsection (2), in the case of any other artistic work, more than 16 years before the object or copy is made.

Subsection (1) does not apply to—
a sculpture that is not a cast or pattern for an object that has a primarily utilitarian function; or
a work of architecture, being a building or a model for a building.

Subsection (1) does not authorise the making of a copy in 2 dimensions of an artistic work that is in 2 dimensions, where the copy is made directly from that artistic work.
For the purposes of subsection (1), an artistic work is applied industrially if—
more than 50 copies in 3 dimensions are made of the work, for the purposes of sale or hire; or
the work is copied in 3 dimensions in 1 or more objects manufactured in lengths, for the purposes of sale or hire; or
the work is copied as a plate that has been used to produce—
1. more than 50 copies of an object in 3 dimensions for the purpose of sale or hire; or
2. 1 or more objects in 3 dimensions manufactured in lengths for the purposes of sale or hire.

For the purposes of subsection (4), 2 or more copies in 3 dimensions that are of the same general character and intended for use together are a single copy.

Compare

1962 No 33 s 20B
1985 No 134 s 5