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The law recognises the rights of users with a number of “exceptions”. These permit the use of copyright material in specific circumstances. These include:
No copyright exists in any of the following works, whenever those works were made:
New Zealand Ministries and Departments of the Crown
Material produced by these bodies is not necessarily copyright free. The CLL licence covers 10% of print based texts. Copying documents in their entirety, brochures or internet based material are not covered by a licence. As these bodies are Crown related most allow for copies to be made for ‘in-house’, non commercial (educational) use. All material must be attributed to the source. The following Crown entities permit multiple copying:
Business, Innovation & Employment
New Zealand Customs
Pacific Island Affairs
Te Puni Kōkiri
Some Ministry material is attributed to other rights’ holders as third parties. In this case permission is required.
An individual can make a single copy of a work for research or private study. It is “fair” to copy a whole work such as a poem or journal article. It would “not be fair” to copy a whole book unless it is not available for purchase.
Copies can not be provided to others or used by others to make further copies.
The “fair dealing for criticism or review provision” allows copying of sections of works, whole works (eg., poem where the poem is being critiqued), with acknowledgement, for the writing of academic papers/journal articles and student assignments.
The Copyright Act (1994) has education provisions which allow for the use of copyright material for "educational purposes". This means for instruction (teaching).
Works in which copyright has expired may be copied without limitation, with acknowledgement.
A creator’s right to his/her copyright expires after a specified period. This differs depending on the type of work.
The New Zealand Copyright ACT 1994 states that copyright of a literary, dramatic, musical or artistic work lasts for the creator’s lifetime plus a further 50 years from the end of the year of the creator’s death.
A publisher’s copyright of the typographical arrangement of a work lasts for 25 years from the end of the year in which a work is first published. Copyright protection is attached to successive editions of literary works.
Copyright in a broadcast or cable programme expires at the end of a period of 50 years from the end of the year in which the work is made, or the cable programme included in a cable programme service.
The Copyright Act enables Massey University Library to make a copy from its holdings of a journal article or 3% of a book for students and staff. This provision allows Library staff to make copies for interloan service, and ensures staff can put items on Reserve / Short Loan.
The Copyright Act (1994) restricts the rights of users to perform, communicate and copy a number of works in an educational setting. For these works permission from rights’ owners is required unless the item is covered by the CLL licence, Screenrights licence or Music licence.
The concept of “fair dealing” does not apply to ...
The Copyright Act provides for the formation of licensing organisations. Licensing organisations extend the limits of copying that can be done for distribution to students beyond that specified in the Act. These organisations undertake to indemnify subscribers from any legal action which may arise from this copying, as long as the permitted allowances are adhered to.
A fee, based upon the number of full-time equivalent students enrolled at Massey University, is paid to licensing organisations, which in turn make payments to rights' holders.
Massey University subscribes to licences for educational purposes;
Electronic journals / databases are subscribed to by the Library. The copying and distribution permitted varies depending on the terms of each licence.
Page authorised by Director National Centre for Teaching and Learning
Last updated on Tuesday 16 August 2016