Court of Appeal ruling provides clarity for licence holders

On 20 April the Court of Appeal handed down a decision that helps make the provisions of the Copyright Act relating to licensing bodies more clear.

On 20 April the Court of Appeal handed down a decision that helps make the provisions of the Copyright Act relating to licensing bodies more clear. The court ruled in favour of CLNZ on matters arising from CLNZ’s dispute over fair licence fees with Universities New Zealand.

It is rare for copyright cases to be heard in New Zealand courts, let alone in the Court of Appeal. At issue on appeal was whether CLNZ operates a licence or a licensing scheme as defined by the Copyright Act 1994. The court held that CLNZ licences are a licensing scheme and the ruling categorically supports the rights of licensing bodies, on behalf of the authors and publishers they represent, to set licence terms that are appropriate to a group of licensees. This ruling also gives clarity to all New Zealand licence holders around the relationship they have with their licensing body and the nature of the licensing arrangement to which they have agreed.

Tweet challenge 4 (Copy. Write. school edition): tweet us (@CLLNZ) the title of your favourite New Zealand book.

Copy.Write. May-June school edition.

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