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Copyright Act 1994

Moral rights - False attribution

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

You could also call this:

"Stopping people from lying about your creative work"

Illustration for Copyright Act 1994

You have the right to stop people saying your literary, dramatic, or musical work is something it is not. This means you can stop people saying your work is based on someone else's work when it is not. You can stop people doing this if they know or should know it is not true. You can stop people issuing copies of your work with false information. This includes performing or showing your work with false information. You can also stop people displaying or selling your work with false information. If someone does any of these things, they are infringing your rights. This includes people who help others do these things or who do them as part of their business. You can stop them if they know or should know the information is false.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346259.

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

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"Stopping people from lying about your artistic work"

Part 4Moral rights
False attribution

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

  1. In this section, the term representation, in relation to a literary, dramatic, or musical work, means an express or implied statement as to the work being an adaptation of a work by a particular author.

  2. A person has the right not to have a literary, dramatic, or musical work falsely represented as being an adaptation of a work of which the person is the author.

  3. The right conferred by subsection (2) is infringed by a person who issues to the public copies of a literary, dramatic, or musical work in or on which there is a false representation, knowing or having reason to believe that the representation is false.

  4. A person (A) infringes the right conferred by subsection (2) if A performs in public, or communicates to the public, a literary, dramatic, or musical work, accompanied by a false representation, and A knows or has reason to believe that the representation is false.

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

  6. the issue to the public; or
    1. the public display—
        1. of material containing a false representation in connection with any of the acts mentioned 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 a literary, dramatic, or musical work in or on which there is a false representation; or
        1. sells or lets for hire, offers or exposes for sale or hire, distributes, or exhibits in public a copy of a literary, dramatic, or musical work in or on which there is a false representation,—
            1. knowing, or having reason to believe, that there is such a representation and that the representation 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(3)
          Notes
          • Section 103(4): substituted, on , by section 61 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).