Selected year snapshot
For 2024, the active event in this file is Copyright (Marrakesh Treaty Implementation) Amendment Act 2019.
100%
Current rationale
The Marrakesh Treaty implementation amendments (in force 30 December 2020, via the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 and subsequent orders) replaced the previous section 69 provisions with new sections 69-69E providing for accessible format copies for persons with print disabilities. These provisions are relevant to research insofar as they permit institutional copying and sharing of accessible format copies. However, they are limited to persons with print disabilities and authorised entities, making them narrower than the general fair dealing exception. The most permissive exception remains section 43 (fair dealing for research or private study), which is GREEN. The overall classification remains GREEN.
Exceptions considered
Fair dealing with a work for the purposes of research or private study. Unchanged.
Accessible format copy provisions for persons with print disabilities, by authorised entities. Permits making, importing, exporting accessible format copies.
Fair dealing for criticism, review, and news reporting.
Copying for educational purposes.
Library and archive copying provisions.
Transient reproduction exception.
Law changes
Copyright Act 1962
Baseline · Effective 1963-04-01
100%
Relevant section: Sections 19, 20
Dates: Effective 1963-04-01 · Enacted 1962-10-19
Why this score
The Copyright Act 1962 (No 33) was in force on 1990-01-01. Section 19(1) provided that fair dealing with a literary, dramatic, musical, or artistic work for purposes of research or private study did not constitute infringement. Section 19(2)-(3) provided fair dealing for criticism, review, and news reporting. Section 20 extended similar provisions to other categories. The term 'fair dealing' covers any exclusive right (not limited to reproduction), and the exception was open to any user and any type of work. This maps to GREEN. I was unable to retrieve the full verbatim text of the 1962 Act as in force on 1990-01-01 via web search; however, the Copyright Act 1994's compare notes (visible in the search results for sections 42 and 43) confirm that sections 19 and 20 of the 1962 Act contained the fair dealing provisions for research/private study and criticism/review. The 1994 Act's section 43 compare note states: 'Compare: 1962 No 33 ss 19(1), (5), 20(1)'. Classification-neutral factors (non-commercial restriction, copy limits) were not factored into the color decision.
Exceptions considered
Fair dealing with a literary, dramatic, musical, or artistic work for purposes of research or private study does not infringe copyright.
Fair dealing for criticism, review, and news reporting with sufficient acknowledgement.
Copyright Act 1994
Relevant update · Effective 1995-01-01
100%
Relevant section: Sections 42, 43, 44, 51, 56
Dates: Effective 1995-01-01 · Enacted 1994-11-15
Why this score
The Copyright Act 1994 replaced the 1962 Act on 1 January 1995. Section 43(1) provides: 'Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.' The term 'work' is defined broadly in the Act to include literary, dramatic, musical, artistic works, sound recordings, films, communication works, and typographical arrangements. 'Fair dealing' covers any exclusive right, not only reproduction. The exception is open to any user (not restricted to individuals or institutions). Section 42 provides fair dealing for criticism, review, and news reporting. Section 44 provides educational copying exceptions. Sections 51-56 provide library and archive exceptions. The most permissive exception is section 43, which is GREEN: it covers any use ('dealing'), any work, and any user. The single-copy limit in s 43(4) is a classification-neutral factor. Non-commercial restrictions are not present in s 43.
Exceptions considered
Fair dealing with a work for the purposes of research or private study does not infringe copyright. Open to any user, any work, any dealing (not limited to reproduction). Single-copy limit per occasion.
Fair dealing for criticism, review, and news reporting with sufficient acknowledgement.
Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements, by or on behalf of person giving instruction, limited to 1 copy per occasion (reprographic) or broader for non-reprographic.
Library and archive copying provisions: copying for library users (s 51), inter-library copying (s 52), copying for preservation (s 55), etc.
Original text
43 Research or private study (1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work. (2) For the avoidance of doubt, it is hereby declared that fair dealing with a published edition for the purposes of research or private study does not infringe copyright in either the typographical arrangement of the edition or any literary, dramatic, musical, or artistic work or part of a work in the edition. (3) In determining, for the purposes of subsection (1), whether copying, by means of a reprographic process or by any other means, constitutes fair dealing for the purposes of research or private study, a court shall have regard to— (a) the purpose of the copying; and (b) the nature of the work copied; and (c) whether the work could have been obtained within a reasonable time at an ordinary commercial price; and (d) the effect of the copying on the potential market for, or value of, the work; and (e) where part of a work is copied, the amount and substantiality of the part copied taken in relation to the whole work. (4) This section does not authorise the making of more than 1 copy of the same work, or the same part of a work, on any one occasion, but in this subsection copy does not include a non-infringing transient reproduction to which section 43A applies.
Source links
Copyright (New Technologies) Amendment Act 2008
Relevant update · Effective 2008-10-31
100%
Relevant section: Section 43(4), Section 43A (new)
Dates: Effective 2008-10-31 · Enacted 2008-04-07
Why this score
The Copyright (New Technologies) Amendment Act 2008 (2008 No 27) came into force on 31 October 2008. It amended section 43(4) to exclude non-infringing transient reproductions (under new section 43A) from the single-copy limit. It also introduced section 43A providing that transient reproduction of a work does not infringe copyright if it is an integral and essential part of a technological process for making a non-infringing use of the work. This slightly broadened the research/private study exception by clarifying that transient digital copies do not count toward the single-copy limit. The core fair dealing provision in s 43(1) remained unchanged. The overall classification remains GREEN: fair dealing for research or private study covers any dealing, any work, any user.
Exceptions considered
Fair dealing with a work for the purposes of research or private study. Unchanged in s 43(1). Section 43(4) amended to exclude transient reproductions from single-copy limit.
Transient reproduction of a work does not infringe copyright if integral and essential part of a technological process for making a non-infringing use.
Fair dealing for criticism, review, and news reporting. Section 42(2) amended to cover communication works.
Copying for educational purposes.
Library and archive copying provisions.
Original text
(4) This section does not authorise the making of more than 1 copy of the same work, or the same part of a work, on any one occasion, but in this subsection copy does not include a non-infringing transient reproduction to which section 43A applies.
Source links
Copyright (Marrakesh Treaty Implementation) Amendment Act 2019
Relevant update · Effective 2020-12-30
100%
Relevant section: Sections 69, 69A, 69B, 69C, 69D, 69E
Dates: Effective 2020-12-30 · Enacted 2019-10-28
Why this score
The Marrakesh Treaty implementation amendments (in force 30 December 2020, via the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 and subsequent orders) replaced the previous section 69 provisions with new sections 69-69E providing for accessible format copies for persons with print disabilities. These provisions are relevant to research insofar as they permit institutional copying and sharing of accessible format copies. However, they are limited to persons with print disabilities and authorised entities, making them narrower than the general fair dealing exception. The most permissive exception remains section 43 (fair dealing for research or private study), which is GREEN. The overall classification remains GREEN.
Exceptions considered
Fair dealing with a work for the purposes of research or private study. Unchanged.
Accessible format copy provisions for persons with print disabilities, by authorised entities. Permits making, importing, exporting accessible format copies.
Fair dealing for criticism, review, and news reporting.
Copying for educational purposes.
Library and archive copying provisions.
Transient reproduction exception.
Original text
69A Accessible format copy activities by authorised entity (1) An authorised entity does not infringe copyright in the relevant work if the entity acts in accordance with this section. (2) An authorised entity may make an accessible format copy if the entity— (a) has taken all reasonable steps to notify the owner of the copyright in the work of its intention to make an accessible format copy; and (b) is making the copy to provide it only to persons who have a print disability, persons acting on their behalf, or other authorised entities; and (c) ensures that the copy respects the integrity of the original work, as far as is reasonably possible and taking into account changes needed to make the work accessible in the alternative format.
Source links
Copyright Act 1994 (as at 13 November 2025)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Sections 42, 43, 43A, 44, 51-56, 69-69E
Dates: Effective 2025-01-01
Why this score
As of 2025, the Copyright Act 1994 remains in force in New Zealand. The most permissive research-relevant exception is section 43(1): 'Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.' Analysis across three dimensions: (1) Uses: 'fair dealing' covers any exclusive right — reproduction, communication, distribution, etc. — not limited to reproduction alone. (2) Works: 'a work' covers all categories of works protected under the Act (literary, dramatic, musical, artistic works, sound recordings, films, communication works, typographical arrangements). (3) Users: No restriction on user class — any person may invoke the exception, whether individual, institutional, commercial, or non-commercial. The single-copy limit in s 43(4) is a classification-neutral factor (number-of-copies limit). The five-factor test in s 43(3) is a proportionality qualifier, also classification-neutral. There is no TDM-specific exception in New Zealand copyright law as of 2025. The fair dealing exception in s 43 is the broadest available and maps to GREEN.
Exceptions considered
Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work. Open to any user, any work, any dealing. Single-copy limit per occasion. Five-factor proportionality test.
Fair dealing for criticism, review, and news reporting. Requires sufficient acknowledgement (except for sound recording, film, or communication work reporting).
Transient reproduction that is integral and essential part of a technological process for a non-infringing use does not infringe copyright.
Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements, by or on behalf of person giving/receiving instruction at educational establishment.
Library and archive exceptions: copying by librarians for users of the library (s 51), inter-library copying (s 52), copying for replacement (s 55), copying unpublished works (s 56).
Accessible format copy provisions for persons with print disabilities by authorised entities. Permits making, importing, exporting, distributing accessible format copies.
Original text
43 Research or private study (1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work. (2) For the avoidance of doubt, it is hereby declared that fair dealing with a published edition for the purposes of research or private study does not infringe copyright in either the typographical arrangement of the edition or any literary, dramatic, musical, or artistic work or part of a work in the edition. (3) In determining, for the purposes of subsection (1), whether copying, by means of a reprographic process or by any other means, constitutes fair dealing for the purposes of research or private study, a court shall have regard to— (a) the purpose of the copying; and (b) the nature of the work copied; and (c) whether the work could have been obtained within a reasonable time at an ordinary commercial price; and (d) the effect of the copying on the potential market for, or value of, the work; and (e) where part of a work is copied, the amount and substantiality of the part copied taken in relation to the whole work. (4) This section does not authorise the making of more than 1 copy of the same work, or the same part of a work, on any one occasion, but in this subsection copy does not include a non-infringing transient reproduction to which section 43A applies.