Copyright Act 1994

Remedies for infringement - Presumptions

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

You could also call this:

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

When you are dealing with a literary, dramatic, musical, or artistic work, some presumptions apply. You can assume that the person whose name is on the work is the author, unless someone proves otherwise. This person is also assumed to have made the work in certain circumstances, unless someone proves otherwise. If a work has multiple authors, these presumptions apply to each author. You can also assume that the publisher of a work represents the author if the author's name is not on the work, but the publisher's name is. If the author is dead or you cannot find out who the author is, you can assume the work is original and the person suing has the correct information about the work's first publication. This applies until someone proves otherwise, and it helps you understand who has rights over the work, as explained in section 21, section 26, section 28, and section 19.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346296.

This page was last updated on 3 December 2025 — View changes

Topics:

Business > Intellectual propertyArts and culture > Heritage protectionArts and culture > Arts funding

125: Infringement of moral rights actionable, or

"What to do if someone breaks your moral rights"

127: Presumptions relevant to certain artistic works, or

"What the court assumes about copied artistic works with labels"

Part 6Remedies for infringement
Presumptions

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

The presumptions set out in subsections (2) to (5) apply in proceedings brought under this Act with respect to a literary, dramatic, musical, or artistic work.
Where a name purporting to be that of the author appeared on copies of a literary, dramatic, or musical work as published or on an artistic work when it was made, the person whose name appeared shall be presumed, until the contrary is proved,—
to be the author of the work; and
to have made the work in circumstances not falling within subsections (2) and (3) of section 21, or section 26, or section 28.

In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors.
Where no name purporting to be that of the author appeared on copies of the work as published or on the work when it was made, but—
the work qualifies for copyright under section 19; and
a name purporting to be that of the publisher appeared on copies of the work as first published,—

If the author of the work is dead or the identity of the author cannot be ascertained by reasonable inquiry, it shall be presumed, until the contrary is proved,—
that the work is an original work; and
that the plaintiff's allegations as to what was the first publication of the work and as to the country of first publication are correct.

Compare

1962 No 33 s 27(2)–(5)