Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Dealing with rights in copyright works - Licences to deal with copyright works

111: Licences

You could also call this:

"Getting permission to use someone's copyrighted work"

Illustration for Copyright Act 1994

You get a licence from a copyright owner to use their work. This licence applies to anyone who later owns the copyright, except someone who buys it without knowing about the licence. When the law talks about using a copyright work with or without a licence, it means the licence given by the copyright owner. You must consider this when thinking about copyright licences. If someone has an exclusive licence, they have the same rights as they would against the original copyright owner, when dealing with someone who later owns the copyright and is bound by the licence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346273.

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Topics:
Business > Intellectual property
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"How copyright laws apply to parts of a work"

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112: Warranty implied in certain licences, or

"Protection when using copyrighted work with a licence"

Part 5Dealing with rights in copyright works
Licences to deal with copyright works

111Licences

  1. A licence granted by a copyright owner is binding on every successor in title to that person's interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Act to doing anything—

  2. with, or without, the licence of the copyright owner; or
    1. other than pursuant to a copyright licence—
        1. shall be construed accordingly.

      1. The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as that licensee has against the copyright owner.

      Compare
      • 1962 No 33 s 56(4)