European Union

New Zealand

Copyright and Related Rights

4. With regard to the utilization (to the extent justified for the relevant purpose) of literary and artistic works by way of illustration in publications, broadcast or sound or visual recordings for teaching, does New Zealand require that the source and the name of the author be mentioned (Article 9.1 of the TRIPS Agreement in conjunction with Article 10(3) Berne Convention?

There is a general right for authors to be identified as the author of a work (Section 94) providing the right has been asserted (Section 96). There is only one exception to this right which is education related, namely things to do with examinations (Section 97). The right does, therefore, cover literary and artistic works by way of utilization in publications, broadcasting, and sound or visual recordings for teaching. New Zealand considers that education related exceptions are covered by Berne Article 9(3).