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Copyright Act 1994

Moral rights - Right to be identified as author or director

94: Right to be identified as author or director

You could also call this:

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

Illustration for Copyright Act 1994

You have the right to be identified as the author of your work. This means you can say you created it when it is used in certain ways. You must assert this right as set out in section 96. You can be identified as the author when your work is published or performed. This includes when your work is used in a film or sound recording. You also have this right when someone adapts your work. If you create music or words to be sung, you have the right to be identified as the author. This is when your work is published, used in a sound recording, or in a film. You also have this right when someone adapts your music or words. As the author of an artistic work, you have the right to be identified when it is published or exhibited. This includes when a visual image of your work is shared with the public. You also have this right when your work is used in a film or when copies of it are issued. If you direct a film, you have the right to be identified as the director. This is when the film is shown or shared with the public. You also have this right when copies of the film are issued.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346246.

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Part 4Moral rights
Right to be identified as author or director

94Right to be identified as author or director

  1. Subject to section 97,—

  2. the author of a literary, dramatic, musical, or artistic work that is a copyright work has the right to be identified as the author of the work; and
    1. the director of a film that is a copyright work has the right to be identified as the director of the work,—
        1. in the circumstances described in this section, but the right is not infringed unless it has been asserted in accordance with section 96.

      1. The author of a literary work (other than words intended to be sung or spoken with music) or a dramatic work has the right to be identified as the author of the work whenever—

      2. the work is published commercially, performed in public, or communicated to the public; or
        1. copies of a film or sound recording including the work are issued to the public.

          1. The author of—

          2. a literary work (other than words intended to be sung or spoken with music); or
            1. a dramatic work—
                1. from which an adaptation is made has the right to be identified as the author of the work from which the adaptation is made whenever any of the events described in subsection (2) occurs in relation to the adaptation of the work.

              1. The author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, has the right to be identified as the author of the work whenever—

              2. the work is published commercially; or
                1. copies of a sound recording of the work are issued to the public; or
                  1. a film whose soundtrack includes the work is shown in public; or
                    1. copies of such a film are issued to the public.

                      1. The author of—

                      2. a musical work; or
                        1. a literary work consisting of words intended to be sung or spoken with music—
                            1. from which an adaptation is made has the right to be identified as the author of the work from which the adaptation is made whenever any of the events described in subsection (4) occurs in relation to the adaptation of the work.

                          1. The author of an artistic work has the right to be identified as the author of the work whenever—

                          2. the work is published commercially or exhibited in public; or
                            1. a visual image of the work is communicated to the public; or
                              1. a film including a visual image of the work is shown in public; or
                                1. copies of such a film are issued to the public; or
                                  1. in the case of a sculpture, a work of architecture in the form of a building or a model for a building, or a work of artistic craftsmanship, copies of a graphic work representing the work, or of a photograph of the work, are issued to the public.

                                    1. The author of a work of architecture in the form of a building has the right to be identified as such on the building as constructed or, where more than 1 building is constructed to the design, on the first to be constructed.

                                    2. The director of a film has the right to be identified as the director of the film whenever—

                                    3. the film is shown in public or communicated to the public; or
                                      1. copies of the film are issued to the public.

                                        Notes
                                        • Section 94(2)(a): amended, on , by section 55(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                        • Section 94(6)(b): amended, on , by section 55(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                        • Section 94(8)(a): substituted, on , by section 55(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).