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Copyright Act 1994

Moral rights - Supplementary provisions

108: Application of provisions to joint works other than films

You could also call this:

"Rules for joint work, but not films, and how creators' rights work together"

Illustration for Copyright Act 1994

You are creating a work with others, this law applies to you. It does not apply to films, though. When you work with others, you each have rights. You can give consent or waive your rights, but this does not affect the others. You have the right to be identified as a joint author, and you must assert this right yourself. Each joint author has the right to object to certain uses of their work. If someone makes a false statement about who wrote a joint work, this infringes the rights of all authors. False representations about adaptations of joint works also infringe the rights of each joint author. You can find more information about these rights in section 107, section 94, section 96, section 98, section 102, section 103, section 104, and section 105. When a photograph is taken as part of a joint project, each person who commissioned the photo has rights. Their rights are satisfied if they consent to the use of the photo. If one person waives their rights, it does not affect the rights of the others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346268.

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107: Consent and waiver of rights, or

"Getting permission to use someone's copyright work"

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"Rules for films made by more than one person"

Part 4Moral rights
Supplementary provisions

108Application of provisions to joint works other than films

  1. This section does not apply to a film.

  2. A consent or waiver under section 107 by one joint author does not affect the rights of the other joint authors.

  3. The right conferred by section 94 is, in the case of a work of joint authorship, a right of each joint author to be identified as a joint author, and must be asserted in accordance with section 96 by each joint author in relation to himself or herself.

  4. The right conferred by section 98 is, in the case of a work of joint authorship, a right of each joint author.

  5. The right conferred by section 102 is infringed, in the circumstances described in that section,—

  6. by any false statement as to the authorship of a work of joint authorship; and
    1. by the false attribution of joint authorship in relation to a work of sole authorship;—
        1. and such a false attribution infringes the right of every person to whom authorship of any description is, whether rightly or wrongly, attributed.

      1. The right conferred by section 103 is infringed, in the circumstances described in that section, by any false representation as to an adaptation of a work of joint authorship, and such a false representation infringes the right of each joint author.

      2. The right conferred by section 104 is infringed, in the circumstances described in that section, by any false representation as to a matter referred to in paragraph (a) or paragraph (b) or paragraph (c) of subsection (2) of that section, and such a false representation infringes the right of each joint author.

      3. The right conferred by section 105 is, in the case of a photograph made in pursuance of a joint commission, a right of each person who commissioned the taking of the photograph, so that—

      4. the right of each person is satisfied if he or she consents to the act in question; and
        1. a waiver under section 107 by one person does not affect the rights of the other persons.