Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Moral rights - False attribution

102: False attribution of identity of author or director

You could also call this:

"Don't put someone's name on a work they didn't create"

Illustration for Copyright Act 1994

You have the right not to have a work falsely attributed to you as the author or director. This means you should not have your name put on a work that you did not create. If someone puts your name on a work you did not create, they are doing something wrong. You also have the right not to have a film falsely attributed to you as the director. This means you should not have your name put on a film that you did not direct. If someone puts your name on a film you did not direct, they are doing something wrong. If someone issues copies of a work or film with a false attribution, they are doing something wrong. This can include selling or giving away copies of the work or film. They are also doing something wrong if they exhibit the work or film in public with a false attribution. If someone performs a work or shows a film in public with a false attribution, they are doing something wrong. This can include playing music or showing a movie with the wrong person's name on it. They are doing something wrong if they know or should know that the attribution is false. If someone has a copy of a work or film with a false attribution and they know it is false, they are doing something wrong. This can include having a copy of a book or movie with the wrong person's name on it. They are also doing something wrong if they sell or give away the copy. If someone does any of these things on purpose or because they should have known better, they are infringing on your rights. You have the right to stop them from doing these things. They are doing something wrong if they help someone else do these 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 It might be out of date or be missing some parts.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=DLM346257.

This page was last updated on — View changes

Topics:
Rights and equality > Anti-discriminationRights and equality > PrivacyArts and culture > Arts fundingArts and culture > Heritage protectionBusiness > Intellectual property
Previous

101: Exceptions to right to object to derogatory treatment of films, or

"When you can't stop people from changing a film in a way that's mean or unfair"

Next

103: False representation as to literary, dramatic, or musical work, or

"Stopping people from lying about your creative work"

Part 4Moral rights
False attribution

102False attribution of identity of author or director

  1. In this section, the term attribution, in relation to a literary, dramatic, musical, or artistic work or a film, means an express or implied statement as to the identity of the author of the work or the director of the film.

  2. A person has the right—

  3. not to have a literary, dramatic, musical, or artistic work falsely attributed to him or her as author; and
    1. not to have a film falsely attributed to him or her as director.

      1. The right conferred by subsection (2) is infringed by a person who—

      2. issues to the public copies of—in or on which there is a false attribution; or
        1. a literary, dramatic, musical, or artistic work; or
          1. a film—
          2. exhibits in public—in or on which there is a false attribution,—
            1. an artistic work; or
              1. a copy of an artistic work,—
                2. knowing, or having reason to believe, that the attribution is false.

              2. A person (A) infringes a right under subsection (2) if—

              3. A performs a literary, dramatic, or musical work in public, or shows a film to the public, or communicates the work or film to the public; and
                1. the work or film is accompanied by a false attribution; and
                  1. A knows or has reason to believe that the attribution is false.

                    1. The right conferred by subsection (2) is infringed by—

                    2. the issue to the public; or
                      1. the public display—
                          1. of material containing a false attribution in connection with any of the acts referred to in subsection (3) or subsection (4).

                        1. The right conferred by subsection (2) is infringed by a person who, in the course of a business,—

                        2. possesses a copy of—in or on which there is a false attribution; or
                          1. a literary, dramatic, musical, or artistic work; or
                            1. a film—
                            2. sells or lets for hire, offers or exposes for sale or hire, exhibits in public, or distributes a copy of—in or on which there is a false attribution; or
                              1. a literary, dramatic, musical, or artistic work; or
                                1. a film—
                                2. in the case of an artistic work, possesses the work when there is a false attribution in or on the work; or
                                  1. sells, or lets for hire, offers or exposes for sale or hire, distributes, or exhibits in public an artistic work in or on which there is a false attribution,—
                                      1. knowing, or having reason to believe, that there is such an attribution and that the attribution is false.

                                    1. The right conferred by subsection (2) is infringed by a person who does an act described in this section or who authorises another person to do such an act.

                                    Compare
                                    • 1962 No 33 s 62(1), (2)
                                    Notes
                                    • Section 102(4): substituted, on , by section 60 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).