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Copyright Act 1994

Copyright licensing - Implied indemnity in schemes or licences for reprographic copying

167: Implied indemnity in certain schemes and licences for reprographic copying

You could also call this:

"Protection if you accidentally infringe copyright while copying works under a licence"

Illustration for Copyright Act 1994

You have a licence to copy some works. This licence does not say exactly which works you can copy. You might copy a work by mistake and infringe copyright. If you have a licence and you copy a work, you might get in trouble for infringing copyright. The person who gave you the licence must help you if this happens. They must pay for any costs you incur. The licence can say how you should make a claim if you need help. It can also say that the person who gave you the licence can take over if there are proceedings against you. If you are not sure if a work is covered by your licence, you can still be protected. You are protected if it is not clear that the work is not covered and the licence does not say it is excluded. The person who gave you the licence must pay for any costs or money you owe if you infringe copyright. This includes money you owe for costs or for infringing copyright.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346801.

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Part 8Copyright licensing
Implied indemnity in schemes or licences for reprographic copying

167Implied indemnity in certain schemes and licences for reprographic copying

  1. This section applies to—

  2. schemes for licensing reprographic copying of published literary, dramatic, musical, or artistic works, or the typographical arrangements of published editions; and
    1. licences granted by licensing bodies for such copying,—
        1. where the scheme or licence does not specify the works to which it applies with such particularity as to enable licensees to determine whether a work falls within the scheme or licence by inspection of the scheme or licence and the work.

      1. There is implied—

      2. in every scheme to which this section applies an undertaking by the operator of the scheme to indemnify a person granted a licence under the scheme; and
        1. in every licence to which this section applies an undertaking by the licensing body to indemnify the licensee—
            1. against any liability incurred by the licensee by reason of the licensee having infringed copyright by making or authorising the making of reprographic copies of a work in circumstances within the apparent scope of the licence.

          1. For the purposes of this section, the circumstances of a case are within the apparent scope of a licence if—

          2. it is not apparent from inspection of the licence and the work in question that the work does not fall within the description of works to which the licence applies; and
            1. the licence does not expressly provide that it does not extend to copyright of the description infringed.

              1. In this section, the term liability includes liability to pay costs; and this section applies in relation to costs reasonably incurred by a licensee in connection with actual or contemplated proceedings against the licensee for infringement of copyright and to sums that the licensee is liable to pay in respect of such infringement.

              2. A scheme or licence to which this section applies may contain reasonable provision—

              3. with respect to the manner in which, and time within which, claims under the undertaking implied by this section are to be made:
                1. enabling the operator of the scheme or, as the case may be, the licensing body to take over the conduct of any proceedings affecting the amount of the operator's or, as the case may be, the licensing body's liability to indemnify under such an undertaking.