Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Acts permitted in relation to copyright works - Subsequent dealings

93: Subsequent dealings with copies made under this Part

You could also call this:

"What happens when you share or sell copies made under special rules"

Illustration for Copyright Act 1994

You make a copy of something that would normally be against the law. If you made the copy according to certain rules in the Copyright Act, it is okay. But if you then deal with the copy, like sell it or lend it, it will be treated as an illegal copy unless the dealing is allowed. The rules that say when you can make a copy are in sections like section 43A, section 44, and section 44A. These sections talk about things like copying for school or storing things for school. There are also rules about copying films, sound recordings, and things like that. When the law says "dealt with", it means sold, lent, or offered for sale. This can happen in a business or not in a business. You need to know these rules so you can follow the law when making copies of things.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346242.

This page was last updated on — View changes

Topics:
Intellectual property > CopyrightBusiness > Industry rulesEducation and learning > School education
Previous

92E: Internet service provider does not infringe copyright by caching infringing material, or

"Internet service providers don't break copyright laws by temporarily storing material."

Next

94: Right to be identified as author or director, or

"Know who made it: the right to be named as the creator"

Part 3Acts permitted in relation to copyright works
Subsequent dealings

93Subsequent dealings with copies made under this Part

  1. Where a copy that would otherwise be an infringing copy—

  2. is either—
    1. made in accordance with any of the provisions of this Act referred to in subsection (2); or
      1. made in accordance with any of the provisions of this Act referred to in subsection (2) and, where the provision in accordance with which the copy is made allows the copy to be dealt with, is dealt with; and
      2. is subsequently dealt with,—
          1. it shall be treated as an infringing copy—
        1. for the purposes of the dealing referred to in paragraph (b), unless that dealing is an authorised dealing; and
          1. for the purposes of any dealing that is subsequent to the dealing referred to in paragraph (b), unless the first-mentioned dealing is an authorised dealing.

            1. The provisions referred to in subsection (1) are as follows:

            2. section 43A (which relates to transient reproduction of work):
              1. section 44 (which relates to copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements):
                1. section 44A (which relates to storing for educational purposes):
                  1. section 45 (which relates to copying for educational purposes of films and sound recordings):
                    1. section 48 (which relates to recording by educational establishments of communication works):
                      1. section 49 (which relates to things done for the purposes of an examination):
                        1. section 51 (which relates to copying by librarians of parts of published works):
                          1. section 52 (which relates to copying by librarians of articles in periodicals):
                            1. section 53 (which relates to copying by librarians for users of other libraries):
                              1. section 55 (which relates to copying by librarians or archivists to replace copies of works):
                                1. section 56 (which relates to copying by librarians or archivists of certain unpublished works):
                                  1. sections 56A to 56C (which relate to access to and copying of works in digital format):
                                    1. section 58 (which relates to copying by the Parliamentary Service for members of Parliament):
                                      1. sections 69A and 69B (which relate to accessible format copies):
                                        1. section 80A (which relates to the decompilation of computer programs):
                                          1. section 80B (which relates to copying or adapting computer programs if necessary for lawful use):
                                            1. section 81A (which relates to copying sound recordings for private and domestic use):
                                              1. section 83 (which relates to recording for the purposes of complaining):
                                                1. section 84 (which relates to recording for the purposes of time shifting):
                                                  1. section 90 (which relates to recording for archival purposes):
                                                    1. section 92C (which relates to Internet service provider liability for storing infringing material):
                                                      1. section 92E (which relates to Internet service provider liability for caching infringing material).

                                                        1. In subsection (1), the term dealt with means—

                                                        2. sold or let for hire in the course of a business or otherwise; or
                                                          1. offered or exposed for sale or hire in the course of a business.

                                                            Notes
                                                            • Section 93(2): substituted, on , by section 54 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                                            • Section 93(2)(m): amended, on , by section 51 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).
                                                            • Section 93(2)(n): replaced, on , by section 6 of the Copyright (Marrakesh Treaty Implementation) Amendment Act 2019 (2019 No 43).