European Union
New Zealand
Copyright and Related Rights
5. Who is deemed under New Zealand copyright law to represent the author of literary and artistic works in relation to the enforcement of protected rights where the works are anonymous or pseudonymous and leave doubts as to his identity (Article 9.1 of the TRIPS Agreement in conjunction with Article 15(3) Berne Convention)?
New Zealand complies with Berne Article 15(3) in relation to anonymous or pseudonymous works. Where the name of the publisher appears on copies of the work as first published, the publisher is presumed, until the contrary is proven, to represent the author and is entitled to protect and enforce the author's rights (Section 126 of the Copyright Act 1994). An unknown author is not subsequently to be regarded as unknown if the identity becomes known (Section 7).