Copyright Act 1994

Remedies for infringement - Presumptions

127: Presumptions relevant to certain artistic works

You could also call this:

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

You are taking someone to court for copying an artistic work, like a sculpture, without permission. This law applies when the original work has been made public by the copyright owner or someone they allowed to do so. The court will look at copies of the work that have been made public. If these copies have a label saying certain things, the court will assume these things are true until proven wrong. You will be assumed to know what the label says, such as who owns the copyright and when it was first made public. The label might have a symbol, ©, which means the creator claims to own the copyright. This law does not change or affect what is said in section 126. It is just about what the court will assume when looking at copies of artistic works with certain labels.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346297.

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

Topics:

Crime and justice > Courts and legal helpArts and culture > Heritage protectionBusiness > Intellectual property

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."

128: Presumptions relevant to computer programs, sound recordings, and films, or

"What is assumed to be true about computer programs, sound recordings, and films in court"

Part 6Remedies for infringement
Presumptions

127Presumptions relevant to certain artistic works

This section applies to any proceedings for infringement of copyright in any artistic work of which copies in 3 dimensions have been issued to the public by or with the licence of the owner of the copyright in that artistic work.
In any proceedings to which this section applies, where copies as issued to the public, whether in New Zealand or in any other country, bear a clear and legible label or other mark indicating the following claims, namely,—
that copyright existed in the artistic work of which the copy was made; and
that a named person was the owner of the copyright in the artistic work at the time the copy was issued to the public; and
that a named person was the exclusive licensee of the copyright owner at the time the copy was issued to the public; and
that the copy was first issued to the public in a specified year,—
that at all material times the defendant had knowledge of each of the claims specified in paragraphs (a) to (d); and
that the copy was first made available to the public in the year specified.

For the purposes of subsection (2), the symbol © on a label or other mark shall be taken to indicate that copyright is claimed to exist in the artistic work of which the copy so labelled or marked is made.
Nothing in this section limits or affects section 126.

Compare

1962 No 33 s 27A
1985 No 134 s 7(1)