Copyright Licence Agreement (New Zealand)
COPYRIGHT LICENCE AGREEMENT
This Copyright Licence Agreement ("Agreement") is entered into on [Signing Date] between [Licensor Name] of [Licensor Address] ("Licensor") and [Licensee Name] of [Licensee Address] ("Licensee").
This Agreement is made pursuant to the Copyright Act 1994 (NZ) and the Contract and Commercial Law Act 2017 (NZ).
1. COPYRIGHT WORKS
1.1 The Licensor is the owner of copyright in the following works (the "Works"): [Works Title] — being a [Works Type].
1.2 Description of the Works: [Works Description]
1.3 Copyright in the Works subsists pursuant to the Copyright Act 1994 (NZ). The Licensor warrants that it is the owner or authorised to licence the copyright in the Works.
2. GRANT OF LICENCE
2.1 Subject to the terms and conditions of this Agreement, the Licensor hereby grants to the Licensee a [Licence Type] licence to perform the following acts with respect to the Works within [Territory], for the licence term: [Permitted Acts].
2.2 The licence commences on [Commencement Date] and continues for [Licence Term].
2.3 Right to adapt or modify: [Adaptation Rights].
2.4 Right to sub-licence: [Sub-Licence Rights].
2.5 The Licensee acknowledges that all copyright and other intellectual property rights in the Works remain with the Licensor.
3. LICENCE FEE
3.1 In consideration of the licence granted, the Licensee shall pay the Licensor: [Licence Fee].
3.2 All fees are exclusive of GST at 15% pursuant to the Goods and Services Tax Act 1985, which shall be added where applicable.
4. MORAL RIGHTS AND ATTRIBUTION
4.1 The Licensor retains all moral rights in the Works as provided under sections 94 to 100 of the Copyright Act 1994, including the right of attribution and the right of integrity.
4.2 Attribution required: [Attribution Required]. Where required, the Licensee must use the following attribution: [Attribution Format].
4.3 The Licensee must not do anything in relation to the Works that would constitute a derogatory treatment of the Works as defined in the Copyright Act 1994.
5. WARRANTIES
5.1 The Licensor warrants that: (a) it has the right and authority to grant the licence in the Works; (b) the Works do not infringe the copyright or other rights of any third party to the best of the Licensor's knowledge; and (c) it will not grant any conflicting exclusive rights during the licence term.
5.2 The Licensee warrants that it will use the Works only for the purposes and in the manner permitted by this Agreement.
6. TERMINATION
6.1 Either party may terminate this Agreement on 30 days' written notice.
6.2 The Licensor may terminate this Agreement immediately if the Licensee breaches any term of this Agreement and fails to remedy the breach within 14 days of written notice.
6.3 On termination, the Licensee must immediately cease all use of the Works and destroy or return all copies.
7. GOVERNING LAW
7.1 This Agreement is governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts.
8. SIGNATURES
LICENSOR: [Licensor Name] | NZBN: [Licensor NZBN] | Signature: _________________________ | Date: _________________________
LICENSEE: [Licensee Name] | NZBN: [Licensee NZBN] | Signature: _________________________ | Date: _________________________
What Is a Copyright Licence Agreement (New Zealand)?
A Copyright Licence Agreement in New Zealand grants a licensee permission to use a specified copyright work on defined terms, fees, and territory while the owner retains ownership under the Companies Act 1993.
Copyright arises automatically in New Zealand when an original work is created and fixed in a material form — there is no requirement to register copyright, apply a copyright notice (though this is good practice), or pay a fee. The copyright owner is typically the creator, unless the work was created in the course of employment, in which case the employer generally owns the copyright under section 21(2) of the Copyright Act 1994.
A Copyright Licence Agreement specifies which of the exclusive acts (set out in section 16 of the Copyright Act 1994) the licensee is permitted to perform. These acts include copying, issuing copies to the public, performing the work in public, communicating the work to the public (including via the internet), and making adaptations.
The agreement must address the type of licence (exclusive or non-exclusive), the territory, the permitted acts, the duration, the fee structure (upfront payment, royalties, or a combination), and the author's moral rights under sections 94–100 of the Copyright Act 1994.
Copyright licence agreements are widely used in New Zealand's creative industries, publishing, media, software, education, and technology sectors. They provide a structured commercial framework for sharing and commercialising creative and intellectual works while protecting the creator's ongoing rights and income. In New Zealand, copyright licence agreements are primarily governed by the Copyright Act 1994, which provides the framework for the creation, ownership, and licensing of copyright works. Section 16 of the Copyright Act 1994 sets out the exclusive rights of copyright owners, including the rights to copy, issue copies, perform, broadcast, and make adaptations of the work. A copyright licence grants permission to exercise one or more of these exclusive rights within defined parameters.
When Do You Need a Copyright Licence Agreement (New Zealand)?
A Copyright Licence Agreement is needed in New Zealand whenever one party wishes to use another party's copyright-protected work beyond the narrow permitted acts set out in the Copyright Act 1994. Common situations include:
**Publishing:** A publisher wishing to reproduce and distribute an author's manuscript, photographs, or illustrations needs a written copyright licence specifying the territory (e.g., New Zealand, Australasia, or worldwide), the print run, formats (print and/or digital), and royalty rates.
**Music and performing arts:** Musicians, record labels, and performing arts organisations need copyright licences covering mechanical reproduction rights, synchronisation rights (for use in film or advertising), and public performance rights (in addition to licences from APRA AMCOS, which manages performing rights in New Zealand).
**Software and digital content:** A software developer or digital content creator licensing their product to businesses or individuals in New Zealand needs a licence specifying the permitted use, the number of users, and any adaptation rights.
**Photography and visual arts:** Photographers, illustrators, and visual artists commonly grant licences to media organisations, publishers, and businesses for specific uses of their work.
**Education:** New Zealand educational institutions may require licences for use of copyright materials beyond the Copyright Act 1994's educational exceptions.
**Website and digital media:** Blogs, news websites, and digital platforms frequently require licences for the use of third-party content. A copyright licence is also needed when a New Zealand business wishes to use a third party's software, music, images, or text under licence terms that differ from any open-source, Creative Commons, or standard commercial licence that would otherwise apply to the work.
What to Include in Your Copyright Licence Agreement (New Zealand)
A thorough Copyright Licence Agreement for New Zealand should include:
**Identification of the works:** A precise description of the copyright works being licensed, including the title, type of work (literary, artistic, software, etc.), and any registration or deposit details. New Zealand does not have a copyright register, but detailed identification in the agreement serves a similar purpose.
**Scope of licence:** The specific acts the licensee is permitted to perform (e.g., reproduce, publish, distribute, adapt, broadcast, communicate to the public). This must be specified carefully — a licence to 'use' a work may not include the right to 'adapt' it.
**Exclusive or non-exclusive:** Whether the licensor is granting exclusive rights (which give the licensee standing to bring infringement proceedings under section 123 of the Copyright Act 1994) or non-exclusive rights.
**Territory and format:** The geographic territory and the formats or media in which the work may be used (e.g., print, digital, broadcast, online).
**Term:** The duration of the licence, which may be for a fixed period, for the duration of the copyright, or perpetual.
**Moral rights and attribution:** Whether the author retains or waives their moral rights under sections 94–100 of the Copyright Act 1994, and the attribution format required.
**Fees and royalties:** The commercial terms, including upfront fees, royalty rates, reporting obligations, and audit rights. All amounts in NZD with GST treatment addressed.
**Termination:** Grounds for termination and post-termination obligations.
**Governing law:** New Zealand law under the Copyright Act 1994 and Contract and Commercial Law Act 2017. The forms-legal.com Copyright Licence Agreement (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements. Additional provisions for New Zealand copyright licence agreements include: a clause confirming the licensor's title to and ownership of the licensed work under the Copyright Act 1994; a moral rights acknowledgement addressing the author's right of attribution and right of integrity under sections 94 and 98 of the Copyright Act 1994; a clause addressing the treatment of derivative works created by the licensee; a clause confirming the licence territory (New Zealand, worldwide, or specified countries); and a clause specifying the dispute resolution process, including whether disputes will be referred to the Copyright Tribunal established under Part 9 of the Copyright Act 1994 or to New Zealand courts.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Copyright Licence Agreement (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/business/intellectual-property/copyright-licence-agreement-new-zealand
"Copyright Licence Agreement (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/business/intellectual-property/copyright-licence-agreement-new-zealand.
@misc{formslegal-copyright-licence-agreement-new-zealand,
author = {{Forms Legal}},
title = {Copyright Licence Agreement (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/business/intellectual-property/copyright-licence-agreement-new-zealand}},
note = {Free legal document template. Based on Companies Act 1993}
}
Frequently Asked Questions
Copyright duration in New Zealand is governed by the Copyright Act 1994. For literary, dramatic, musical, and artistic works, copyright generally lasts for the life of the author plus 50 years from the end of the year of the author's death. For computer programs, copyright also lasts for the life of the author plus 50 years. For films, copyright lasts for 50 years from the end of the year in which the film was first made available to the public (or made, if never released). For sound recordings, copyright lasts for 50 years from the end of the year of first publication. For broadcasts, copyright lasts for 50 years from the end of the year of first broadcast. For Crown copyright works (created by or under the direction of the New Zealand government), copyright generally lasts for 100 years from creation. Understanding the remaining duration of copyright is important when negotiating a long-term licence, as a perpetual or long-term licence may outlast the copyright period itself.
Under sections 94 to 100 of the Copyright Act 1994 (NZ), creators of literary, dramatic, musical, or artistic works have moral rights that are separate from and exist alongside copyright. The key moral rights are: the right of attribution (the right to be identified as the author of the work); and the right of integrity (the right to object to derogatory treatment of the work that would be prejudicial to the author's honour or reputation). Moral rights cannot be assigned — they can only be waived in writing by the author. This is important in copyright licensing because even if a creator licences or assigns their copyright, they retain moral rights unless they have expressly waived them. A copyright licence agreement should address moral rights: either requiring the licensee to provide attribution in a specified format, or recording an express waiver of moral rights by the author. Failure to address this can lead to disputes if the licensee modifies the work or fails to credit the creator.
Under the Copyright Act 1994 (NZ), a copyright licence can be exclusive or non-exclusive, with significant legal and commercial differences. An exclusive licence means that only the licensee (and not even the copyright owner) can exercise the licensed rights in the specified territory during the licence term. Section 16 of the Copyright Act 1994 defines an exclusive licence as a licence in writing signed by or on behalf of the copyright owner authorising the licensee to exercise a right that would otherwise be exercisable exclusively by the copyright owner. An exclusive licensee has the right to bring infringement proceedings in their own name under section 123 of the Act. A non-exclusive licence simply grants the licensee permission to use the work, while the copyright owner retains the right to use the work themselves and to grant the same licence to others. Non-exclusive licences are more common in publishing, music, and digital media, while exclusive licences tend to be used for major distribution deals and premium content arrangements.
Under the Copyright Act 1994, the owner of copyright in a work has the exclusive right to perform a range of acts, and doing any of these without permission (or outside the permitted acts exceptions) constitutes copyright infringement. These exclusive acts include: copying the work (including digital reproduction, photocopying, and scanning); issuing copies to the public; renting or lending copies; performing the work in public; broadcasting the work; making an adaptation (e.g., translating a book, creating a film from a novel, or creating a computer program from instructions); and communicating the work to the public (including online distribution). A copyright licence agreement must clearly specify which of these acts the licensee is permitted to perform. The Copyright Act 1994 also contains permitted acts (or 'fair dealing' provisions) for purposes such as research, criticism, review, and education, but these are limited exceptions and do not replace the need for a licence in commercial contexts.
Crown copyright in New Zealand applies to works made by or under the direction or control of the Crown (New Zealand government), under section 26 of the Copyright Act 1994. Crown copyright lasts for 100 years from creation for unpublished works, or from first publication. Crown copyright material includes legislation (though Acts of Parliament are freely accessible at legislation.govt.nz), government reports, official maps, and other government publications. The New Zealand government has adopted the Creative Commons Attribution 4.0 International licence (CC BY 4.0) as the default licence for much of its publicly available data and content through the New Zealand Government Open Access and Licensing (NZGOAL) framework. This allows wide reuse, including commercial use, with attribution. However, not all Crown copyright material is released under NZGOAL. For Crown copyright material not covered by NZGOAL, you must seek permission from the relevant government department or agency before use.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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