Plain language law

New Zealand law explained for everyone

Copyright Act 1994

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

112: Warranty implied in certain licences

You could also call this:

"Protection when using copyrighted work with a licence"

Illustration for Copyright Act 1994

When you get a licence to use a copyright work, like a book or a song, you are covered by a warranty. This warranty means the person giving you the licence owns the copyright or is allowed to give you the licence. You are protected if you use the work as allowed by the licence, because the person giving the licence is responsible for making sure they have the right to give it to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346274.

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Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Intellectual property
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111: Licences, or

"Getting permission to use someone's copyrighted work"

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112A: Damages for falsely claiming copyright ownership or licence, or

"Paying for wrongly saying you own a copyright"

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

112Warranty implied in certain licences

  1. This section applies to a licence that has been granted for—

  2. the performance or communication to the public of a copyright work that is a literary, dramatic, or musical work or a sound recording or film; or
    1. the inclusion of a copyright work that is an artistic work in a performance or a communication work.

      1. A warranty is implied in the licence that the person by whom or on whose behalf the licence is granted is—

      2. the owner of the copyright in the work, sound recording, or film that is the subject of the licence; or
        1. authorised to grant the licence by the copyright owner.

          Notes
          • Section 112: substituted, on , by section 63 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).