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Copyright Act 1994

Remedies for infringement - Rights and remedies in relation to moral rights

125: Infringement of moral rights actionable

You could also call this:

"What to do if someone breaks your moral rights"

Illustration for Copyright Act 1994

You can take action if someone infringes your moral rights. If someone infringes your moral rights under Part 4 of the Copyright Act, you can sue them. You can get relief by way of damages and injunction. You can get an injunction to stop someone doing something. The court can grant an injunction if it thinks it is the best remedy. The court can approve a disclaimer to dissociate the author from the work. If you are entitled to a right under section 98(2), you can take action. The court can grant an injunction on terms to stop someone doing something. You can get damages if someone infringes your moral rights.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346294.

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124: Exercise of concurrent rights, or

"What happens when you and someone else have rights to the same copyright"

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126: Presumptions relevant to literary, dramatic, musical, or artistic works, or

"Assumptions about who created a work, like a book or song, and who owns it."

Part 6Remedies for infringement
Rights and remedies in relation to moral rights

125Infringement of moral rights actionable

  1. An infringement of a right conferred by Part 4 is actionable by the person entitled to the right.

  2. In proceedings for infringement of a right conferred by Part 4, relief by way of damages and injunction is available to the plaintiff.

  3. In proceedings for infringement of the right conferred by section 98(2), the court may, if it thinks it is an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such terms and in such manner as may be approved by the court, dissociating the author or director from the treatment of the work.

Compare
  • 1962 No 33 s 62(8)