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New Zealand law explained for everyone

Copyright Act 1994

Dealing with rights in copyright works - Transmission of copyright

115: Copyright to pass under will with unpublished works

You could also call this:

"Who gets control of your unpublished work when you die"

Illustration for Copyright Act 1994

You have a will that says someone gets a special thing after you die. This thing has a story, music, or art on it that you never shared with others. The person who gets this thing also gets the copyright, which is like a special right to control the story, music, or art, unless your will says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346278.

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114: Assignment, or

"Signing away your copyright rights"

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116: Future copyright, or

"What happens to copyright that will exist in the future"

Part 5Dealing with rights in copyright works
Transmission of copyright

115Copyright to pass under will with unpublished works

  1. Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to—

  2. an original document or other material thing recording or embodying a literary, dramatic, musical, or artistic work that was not published before the death of the testator; or
    1. an original material thing containing a sound recording or film that was not published before the death of the testator,—
        1. the bequest shall, unless a contrary intention is indicated in the testator's will or a codicil to that will, be construed as including the copyright in the work in so far as the testator was the copyright owner immediately before his or her death.

      Compare
      • 1962 No 33 s 59