Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750634677.pdf (New Zealand)
Copyright (New Technologies) Amendment Bill (Formerly Copyright (New Technologies and Performers’ Rights) Amendment Bill) Government Bill As reported from the committee of the whole House 102—3 Copyright (New Technologies) Amendment Bill Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted text deleted Hon Judith Tizard Copyright (New Technologies) Amendment Bill Government Bill Contents 1 2 2A Title Commencement Principal Act amended Part 1 Amendments to Parts 1 to 5 of Copyright Act 1994 Associated deﬁnitions for communication works Interpretation New section 3 substituted 3 Section 4 repealed Meaning of author Meaning of work of joint authorship Meaning of publication Meaning of infringing copy Copyright in original works Acts restricted by copyright New section 20 substituted 20 Qualiﬁcation by reference to origin of communication work Duration of copyright in literary, dramatic, musical, or artistic works Duration of copyright in sound recordings and ﬁlms New section 24 substituted 24 Duration of copyright in communication works 102—3 Page 6 6 7 7 8 9 9 9 9 10 10 10 10 10 11 11 11 11 12 1 Copyright (New Technologies) Amendment Bill Incidental copying of copyright work Infringement by communicating to public Infringement by performance or playing or showing in public New section 33 substituted 33 Infringement by importation Providing means for making infringing copies New section 41 substituted 41 Criticism, review, and news reporting Research or private study New section 43A inserted 43A Copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements New section 44A inserted Storing copies for educational purposes 44A Copying for educational purposes of ﬁlms and sound recordings Performing, playing, or showing work in course of activities of educational establishment New section 48 substituted 48 Copying and communication of communication work for educational purposes Transient
 reproduction of work Interpretation Copying by librarians of parts of published works Copying by librarians of articles in periodicals Copying by librarians for users of other libraries Copying by librarians for collections of other libraries Copying by librarians or archivists to replace copies of works Copying by librarians or archivists of certain unpublished works New sections 56A to 56C inserted 56A Library or archive may communicate digital copy to authenticated users Additional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56 Additional condition for making digital copies under section 53 or 54 56B 56C Copying by Parliamentary Library for members of Parliament Copyright (New Technologies) Amendment Bill Use of recording of spoken words in certain cases Provision of Braille copies of literary or dramatic works Public reading or recitation Representation of certain artistic works on public display New sections 80A to 80C inserted 80A 80B Decompilation of computer program Copying or adapting computer program if necessary for lawful use 80BA Observing, studying, or testing of computer 80C program Certain contractual terms relating to use of computer programs have no effect New section 81A inserted 81A Copying sound recording for personal use New heading and new sections 82 to 84 substituted Communication works 82 Recording for purposes of maintaining standards in programmes Recording for purposes of complaining 83 Recording for purposes of time shifting 84 Incidental recording for purposes of broadcast or cable programme Section 86 repealed New sections 87 to 87B substituted 87 Free public playing or showing of communication work Free public playing or showing of communication work that is simultaneous with
 reception Assessment of damages for infringement of copyright in sound recording or ﬁlm Reception and retransmission of broadcast in cable programme service New section 89 substituted 89 Provision of subtitled copies of communication work 87A 87B Recording for archival purposes Recording by media monitors New heading and new sections 92A to 92C inserted Internet service provider liability 92A Internet service provider must have policy for terminating accounts of repeat infringers 21 21 21 21 22 22 23 23 23 23 24 24 24 25 25 26 27 27 27 28 29 29 29 29 30 30 30 31 3 Copyright (New Technologies) Amendment Bill 92B 92C Internet service provider liability if user infringes copyright Internet service provider liability for storing infringing material 92CA Requirements for notice of infringement 92D Internet service provider does not infringe copyright by caching infringing material Subsequent dealings with copies made under this Part Right to be identiﬁed as author or director Content of right to be identiﬁed Exceptions to right to be identiﬁed Content of right to object to derogatory treatment Exceptions to right to object to derogatory treatment of ﬁlms False attribution of identity of author or director False representation as to literary, dramatic, or musical work Right to privacy of certain photographs and ﬁlms New sections 112 to 112B substituted 112 Warranty implied in certain licences 112A Damages for falsely claiming copyright ownership or licence 112B Provisions of sections 112 and 112A to have effect no matter what licence says Part 2 Amendments to Parts 6 to 11 of Copyright Act 1994 Presumptions relevant to computer programs, sound recordings, and ﬁlms Unjustiﬁed proceedings Criminal liability for making or dealing with infringing objects Works of more than one author Licensing schemes to which sections 149 to 155 apply Licences to which sections 157 to 160 apply New section 163 substituted 163 Licences for educational establishments in respect of works
 included in communication works Licences to reﬂect conditions imposed by promoters of events Licences to reﬂect payments in respect of underlying rights 64A 65 66 67 68 69 70 71 4 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Copyright (New Technologies) Amendment Bill Licences in respect of works included in retransmissions Determination of equitable remuneration Interpretation Application Consent required for recording or live transmission of performance New section 172 substituted 172 Infringement by use of recording made without performer’s consent Incidental inclusion of performance or recording New section 175A inserted 175A Transient reproduction of recording of performance Playing or showing sound recording, ﬁlm, broadcast, or cable programme at educational establishment Recording of broadcasts and cable programmes by educational establishment Use of recordings of spoken works in certain cases New section 187 substituted 187 Incidental recording for purposes of communication work New sections 188 to 188B substituted 188 Free public playing or showing of communication work 188A Free public playing or showing of communication work that is simultaneous with reception 188B Assessment of damages for infringement of rights under this Part in relation to performance or recording Section 189 repealed New section 190 substituted 190 Provision of subtitled copies of communication work New section 191 substituted 191 Recording of communication work for archival purposes Criminal liability for making, dealing with, using, or copying illicit recordings New heading and new sections 226 to 226J substituted Technological protection measures 226 Deﬁnitions of TPM terms 42 43 43 43 43 43 43 44 44 44 45 45 45 45 45 46 46 47 48 48 48 48 49 49 49 49 49 5 cl 1 Copyright (New Technologies) Amendment Bill 226A Prohibited conduct in relation to technological
 protection measure 226B Rights of issuer of TPM work 226C Offence of contravening section 226A 226D When rights of issuer of TPM work do not apply 226E User’s options if prevented from exercising permitted act by TPM Copyright management information 226F Meaning of copyright management information 226G Interference with CMI prohibited 226H Commercial dealing in work subject to CMI interference Contravention of section 226G or 226H 226I 226J Offence of dealing in work subject to CMI interference 90 91 92 93 94 95 Offence of fraudulently receiving programmes Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions Supplementary provisions as to fraudulent reception Application to Convention countries Application of Act (other than Part 9) to other entities Regulations 50 51 51 52 53 54 54 54 55 55 56 56 56 56 56 56 The Parliament of New Zealand enacts as follows: 1 2 (1) (1) Title This Act is the Copyright (New Technologies) Amendment Act 2006.
Commencement This Act comes into force on a date to be appointed by the Governor­General by Order in Council.

SSSeeeccctttiiiooonnn 111888(((222))) comes into force on the day after the date on which this Act receives the Royal assent.

5 (1A) The rest of this Act comes into force on a date to be appointed 10 by the Governor­General by Order in Council.

(2) One or more Orders in Council may be made appointing dif­ ferent dates for the commencement of different provisions.
6 Copyright (New Technologies) Amendment Bill Part 1 cl 3 2A Principal Act amended This Act amends the Copyright Act 1994.

Part 1 Amendments to Parts 1 to 5 of Copyright Act 1994 5 3 (1) (2) 10 Interpretation Section 2(1) is amended by repealing the deﬁnition of broad­ cast.
Section 2(1) is amended by inserting the following deﬁnitions in their appropriate alphabetical order: “CMI or copyright management information has the mean­ ing given to it in section 226F section 226F226F section “communicate means to transmit or make available by means of a communication technology, including by means of a telecommunications system or electronic retrieval system, 15 and communication has a corresponding meaning “communication work means a transmission, or the mak­ ing available by a communication technology, transmission of sounds, visual images, or other information, or a combination of any of those, for reception by members of the public, and 20 includes a broadcast or a cable programme “educational resource supplier means any person— “(a) whose principal function is the copying of communica­ tion works and the supply of the copies it makes to edu­ cational establishments for educational purposes; and 25 “(b) who does not conduct its business for proﬁt; and “(c) who has been approved by the Minister of Education as an educational resource supplier for the purpose of this Act by a notice published in the Gazette and whose approval has not been revoked 30 “Internet service provider means a person who does either or both of the following things: “(a) offers the transmission, routing, or providing of con­ nections for digital online communications, between or among points speciﬁed by a user, of material of the 35 user’s choosing: 7 Part 1 cl 4 Copyright (New Technologies) Amendment Bill (3) (4) (5) “(b) hosts material on websites or other electronic retrieval systems that can be accessed by a user “TPM or technological protection measure has the meaning given to it in section section 226226226 section “TPM work has the meaning given to it in section section 226226226 section “TPM circumvention device has the meaning given to it in section 226226226.” section section Section 2(1) is amended by repealing paragraphs (a) and (b) of the deﬁnition of copying and substituting the following para­ graph: “(a) means, in relation to any description of work, reprodu­ cing, recording, or storing the work in any material form (including any digital format), in any medium and by any means; and”.
5 10 Section 2(1) is amended by repealing paragraph (d) of the def­ 15 inition of copying and substituting the following paragraph: “(d) includes, in relation to a ﬁlm or communication work, the making of a photograph of the whole or any sub­ stantial part of any image forming part of the ﬁlm or communication work—”.
Section 2(1) is amended by repealing paragraphs (c) to (e) of the deﬁnition of material time and substituting the following paragraphs: “(c) in relation to a communication work, means when the work is made or received in New Zealand; and in relation to a typographical arrangement of a pub­ lished edition, means when the edition is ﬁrst pub­ lished”.
“(d) 20 25 (6) Section 2(1) is amended by omitting “broadcast, or cable pro­ gramme” from paragraph (b) of the deﬁnition of performance 30 and substituting “or communication work”.
New section 3 substituted Section 3 is repealed and the following section substituted: 4 8 Copyright (New Technologies) Amendment Bill Part 1 cl 7 “3 Associated deﬁnitions for purposes of communicatingAssociated deﬁnitions for communication works “(1) References in this Act to a person communicating a work or making a communication work are— “(a) to the person transmitting the communication work or making it available by means of a communication tech­ nology, if that person has responsibility to any extent for its contents; and any person who provides the contents of the work and 10 who makes with the person communicating the work the arrangements necessary for its communication.
“(b) 5 “(2) For the purposes of this Act, in the case of communicating a work by satellite transmission,— “(a) the place from which the work is communicated is the 15 place from which the signals carrying the work are transmitted to the satellite: and the person communicating the work is the person who transmits those signals to the satellite.” “(b) 5 6 7 Section 4 repealed Section 4 is repealed.
20 Meaning of author Section 5(2) is amended by repealing paragraphs (c) to (e) and substituting the following paragraphs: “(c) in the case of a communication work, the person who 25 makes the communication work: in the case of a typographical arrangement of a pub­ lished edition, the publisher.” “(d) Meaning of work of joint authorship Section 6 is amended by repealing subsection (2) and substi­ 30 tuting the following subsection: “(2) A communication work must be treated as a work of joint au­ thorship in any case where more than 1 person is to be taken as making the communication work.” 9 Part 1 cl 8 Copyright (New Technologies) Amendment Bill 8 (1) (2) (3) 9 Meaning of publication Section 10(4)(a)(ii) is amended by omitting “the broadcasting of the work or its inclusion in a cable programme service” and substituting “the communication of the work to the public”.
Section 10(4)(b)(iii) is amended by omitting “the broadcasting 5 of the work or its inclusion in a cable programme service” and substituting “the communication of the work to the public”.
Section 10(4)(d) is amended by repealing subparagraph (ii) and substituting the following paragraph: “(ii) the communication of the work to the public.” 10 Meaning of infringing copy Section 12(5) is amended by repealing paragraph (a) and sub­ stituting the following paragraph: “(a) section 85(4) (which relates to incidental recording for the purposes of a communication work):”.
10 (1) Copyright in original works Section 14 is amended by repealing subsection (1) and substi­ tuting the following subsection: “(1) Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions: literary, dramatic, musical, or artistic works: “(a) “(b) sound recordings: “(c) ﬁlms: “(d) “(e) Section 14 is amended by repealing subsection (3).
communication works: typographical arrangements of published editions.” (2) 11 Acts restricted by copyright Section 16(1) is amended by repealing paragraph (f) and sub­ stituting the following paragraph: “(f) to communicate the work to the public:”.
12 New section 20 substituted Section 20 is repealed and the following section substituted: 10 15 20 25 30 Copyright (New Technologies) Amendment Bill Part 1 cl 15 “20 Qualiﬁcation by reference to origin of communication work A communication work qualiﬁes for copyright if it is made from— “(a) “(b) a place in New Zealand; or a place in a prescribed foreign country.” 13 Duration of copyright in literary, dramatic, musical, or artistic works Section 22 is amended by repealing subsection (4) and substi­ tuting the following subsection: “(4) For the purposes of subsection (3), the circumstances in which a work may be made available to the public include,— “(a) performance in public: communication to the public: in the case of a literary, dramatic, or musical work,— “(i) “(ii) in the case of an artistic work,— exhibition in public: “(i) the playing or showing in public of a ﬁlm that “(ii) includes the work: “(b) “(iii) communication to the public.” 14 Duration of copyright in sound recordings and ﬁlms Section 23 is amended by repealing subsection (2) and substi­ tuting the following subsection: “(2) For the purposes of subsection (1), a sound recording or ﬁlm is made available to the public when— “(a) the work is ﬁrst— published; or “(i) communicated to the public; or “(ii) in the case of a ﬁlm or ﬁlm sound track,— the work is ﬁrst shown in public; or “(i) the work is ﬁrst played in public.” “(ii) “(b) 15 New section 24 substituted Section 24 is repealed and the following section substituted: 11 Part 1 cl 16 Copyright (New Technologies) Amendment Bill “24 Duration of copyright in communication works “(1) Copyright in a communication work expires at the end of the period of 50 years from the end of the calendar year in which the communication work is ﬁrst communicated to the public.
“(2) Copyright in a repeated communication work expires at the 5 same time as copyright in the initial communication work ex­ pires.

“(3) There is no copyright in a repeated communication work that is communicated to the public after copyright in the initial com­ munication work has expired.” 10 16 17 “33 18 (1) (2) (2) Infringement by performance or playing or showing in public Section 32(2) is amended by omitting “broadcast, or cable pro­ gramme” and substituting “or communication work”.
New section 33 substituted Section 33 is repealed and the following section substituted: Infringement by communicating to public Communicating a work to the public is a restricted act in rela­ tion to every description of copyright work.” Infringement by importation Section 35(1)(c) is amended by omitting “or” and substituting “and”.

Section 35(5) is amended by omitting “this Act” and substi­ tuting “the Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003”.
Section 35 is amended by repealing subsections (3) to (5) and substituting the following subsections: 15 20 25 “(3) A person also infringes copyright in a ﬁlm to which subsection (6) applies if that person— “(a) imports a copy of the ﬁlm into New Zealand within 30 9 months of ﬁrst being made available to the public; and “(b) knows or has reason to believe that the ﬁlm is imported into New Zealand within 9 months of ﬁrst being made available to the public; and is not the licensee of the copyright in New Zealand; and 35 “(c) 12 Copyright (New Technologies) Amendment Bill Part 1 cl 20 “(d) imports the ﬁlm into New Zealand other than for that person’s private and domestic use.
“(4) For the purposes of sssuuubbbssseeeccctttiiiooonnn (((333))), a ﬁlm is ﬁrst made avail­ able to the public (as set out in section 23(2)) by any authorised act whether in New Zealand or elsewhere.
5 “(5) SSSuuubbbssseeeccctttiiiooonnnsss (((333))) aaannnddd (((444))) are repealed on 31 October 2013.” 19 Providing means for making infringing copies Section 37 is amended by repealing subsection (2) and substi­ tuting the following subsection: “(2) Copyright in a work is infringed by a person who, other than 10 under a copyright licence, communicates a work to 1 or more persons, knowing or having reason to believe that infringing copies will be made by means of the reception of the commu­ nication in New Zealand or elsewhere.” 20 New section 41 substituted Section 41 is repealed and the following section substituted: Incidental copying of copyright work “41 “(1) Copyright in a work is not infringed by— 15 20 “(c) “(a) “(b) the incidental copying of the work in an artistic work, a sound recording, a ﬁlm, or a communication work; or the issue to the public of copies of an artistic work, the playing of a sound recording, the showing of a ﬁlm, or the communication of a work to the public, in which a copyright work has been incidentally copied; or the issue to the public of copies of a sound recording, 25 ﬁlm, or communication work to which parparparaaagggrrraaaphphph (a)(a)(a) or parparparaaagggrrraaaphphph (b)(b)(b) applies.
subsection (1)(1)(1), a musical work, words “(2) For the purposes of subsection subsection spoken or sung with music, or so much of a sound recording or communication work as includes a musical work or those 30 words, must not be regarded as incidentally copied in another work if the musical work or the words, sound recording, or communication work is deliberately copied.” 13 Part 1 cl 21 Copyright (New Technologies) Amendment Bill 21 Criticism, review, and news reporting Section 42 is amended by repealing subsection (2) and substi­ tuting the following subsection: “(2) Fair dealing with a work for the purpose of reporting current events by means of a sound recording, ﬁlm, or communication 5 work does not infringe copyright in the work.” 22 Research or private study Section 43 is amended by repealing subsection (4) and substi­ tuting the following subsection: “(4) This section does not authorise the making of more than 1 10 copy of the same work, or the same part of a work, on any 1 occasion, but in this subsection copy does not include a non­infringing transient reproduction to which section section 43A43A43A section applies.” 23 New section 43A inserted The following section is inserted after section 43: “43A Transient reproduction of work A reproduction of a work does not infringe copyright in the work if the reproduction— “(a) “(b) is transient or incidental; and is an integral and essential part of a technological process for— “(i) making or receiving a communication that does 15 20 “(ii) not infringe copyright; or enabling the lawful use of, or lawful dealing in, 25 the work; and “(c) has no independent economic signiﬁcance.” 24 Copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements Section 44 is amended by inserting the following subsection 30 after subsection (4): “(4A) A copy of a work made in accordance with subsections (3) and (4) may be communicated to a person who is a student or other person who is to receive, is receiving, or has received, a
 lesson that relates to the work.” 35 14 Copyright (New Technologies) Amendment Bill Part 1 cl 26 25 New section 44A inserted The following section is inserted after section 44: “44A Storing copies for educational purposes “(1) An educational establishment does not infringe copyright in a work that is made available on a website or other electronic 5 retrieval system by storing a copy of the page or pages in which the work appears if— “(a) “(b) the material is stored for an educational purpose; and the material— “(i) is displayed under a separate frame or identiﬁer; 10 and identiﬁes the author (if known) and source of the work; and “(ii) 15 “(iii) states the name of the educational establishment and the date on which the work was stored; and the material is restricted to use by authenticated users.
“(c) Subsection (1)(1)(1) does not apply, and the educational estab­ “(2) Subsection Subsection lishment does infringe copyright in the work, if the educa­ tional establishment knowingly fails to delete the stored ma­ terial within a reasonable time after the material becomes no 20 longer relevant to the course of instruction for which it was stored.
subsection (1)(1)(1), authenticated user means a person In subsection subsection who— “(a) “(3) is a participant in the course of instruction for which the 25 material is stored; and can access the stored material only through a veriﬁca­ tion process that veriﬁes that he or she is entitled to ac­ cess the stored material.” “(b) 26 Copying for educational purposes of ﬁlms and sound recordings Section 45 is amended by repealing subsection (1) and substi­ tuting the following subsection: 30 “(1) Copyright in any work that is a ﬁlm, sound recording, or communication work, or any work included in a ﬁlm, sound 35 recording, or communication work, is not infringed by the copying of that work in the circumstances set out in subsection (2).” 15 Part 1 cl 27 Copyright (New Technologies) Amendment Bill 27 Performing, playing, or showing work in course of activities of educational establishment Section 47 is amended by repealing subsection (2) and substi­ tuting the following subsection: “(2) The playing or showing, for the purposes of instruction, of a 5 sound recording, ﬁlm, or communication work to the audience described in subsection (1) at an educational establishment is not a playing or showing of the work in public for the purposes of section 32(2).” 28 New section 48 substituted Section 48 is repealed and the following section substituted: “48 Educational establishment may copy and communicate 10 communication work “(1) A copy of a communication work may be made or commu­ nicated by or on behalf of an educational establishment, and 15 subsequently communicated within that educational establish­ ment, without infringing copyright in the communication work or in any work included in it, if the copy is made or commu­ nicated for the establishment’s educational purposes.
“(2) However, sssuuubbbssseeeccctttiiiooonnn (((111))) does not apply to— 20 “(a) “(b) the copying of a communication work if or to the extent that— “(i) licences authorising the copying of the communi­ cation work by or on behalf of educational estab­ lishments are available under a licensing scheme; 25 and the establishment knew that fact; or “(ii) the communication of a copy of a communication work if or to the extent that— “(i) licences authorising the communication of the 30 copy by or on behalf of educational establish­ ments are available under a licensing scheme; and the establishment knew that fact.
“(ii) 16 Copyright (New Technologies) Amendment Bill Part 1 cl 28 “48 Copying and communication of communication work for educational purposes “(1) This section applies when a copy of a communication work is— “(a) made or communicated by or on behalf of an educa­ 5 “(2) “(3) tional establishment; or “(b) made and supplied by an educational resource supplier to an educational establishment.
In any case to which sssuuubbbssseeeccctttiiiooonnn (((111)))(((aaa))) applies, the making or communication of a copy of the communication work by 10 or on behalf of an educational establishment, and the subse­ quent communication of the copy within the educational es­ tablishment, does not infringe copyright in the communica­ tion work or in any work included in it if the copy is made or communicated for the educational establishment’s educational 15 purposes.
In any case to which sssuuubbbssseeeccctttiiiooonnn (((111)))(((bbb))) applies, the making and supply of a copy of the communication work by an edu­ cational resource supplier does not infringe copyright in the communication work or in any work included in it if the copy 20 is made and supplied for the educational purposes of the edu­ cational establishment to which it is supplied.
“(4) However, the exclusions from infringement of copyright in sssuuubbbssseeeccctttiiiooonnnsss (((222))) aaannnddd (((333))) do not apply to— “(a) the copying of a communication work if or to the extent 25 that— “(i) licences authorising the copying of the commu­ nication work by or on behalf of educational es­ tablishments or by educational resource suppliers are available under a licensing scheme; and the educational establishment or the educational resource supplier, as the case may be, knew that fact; or “(ii) “(b) the communication of a communication work if or to the extent that— “(i) licences authorising the communication of the copy by or on behalf of educational establish­ ments are available under a licensing scheme; and 17 30 35 Part 1 cl 29 Copyright (New Technologies) Amendment Bill “(c) the educational establishment knew that fact; or “(ii) the supply of a communication work by an educational resource supplier if or to the extent that— “(i) licences authorising the supply of the commu­ nication work are available under a licensing 5 scheme; and the educational resource supplier knew that fact.” “(ii) Interpretation Section 50(1) and (2) are amended by omitting “sections 51 to 56 of this Act” and substituting in each case “sections 51 to 10 56C56C56C”.
Copying by librarians of parts of published works Section 51 is amended by adding the following subsection: In this section, copy includes a digital copy, but in that case section 56B56B56B applies as well.” section section 15 Copying by librarians of articles in periodicals Section 52 is amended by adding the following subsection: In this section, copy includes a digital copy, but in that case section 56B56B56B applies as well.” section section Copying by librarians for users of other libraries Section 53 is amended by adding the following subsection: In this section, copy includes a digital copy, but in that case section 56C56C56C applies as well.” section section Copying by librarians for collections of other libraries Section 54 is amended by adding the following subsection: In this section, copy includes a digital copy, but in that case section 56C56C56C applies as well.” section section 20 25 Copying by librarians or archivists to replace copies of works Section 55(1) is amended by inserting “(other than a digital 30 copy)” after “copy” in the ﬁrst place where it appears.
Section 55 is amended by adding the following subsections: 29 30 “(5) 31 “(4) 32 “(5) 33 “(5) 34 (1) (2) 18 Copyright (New Technologies) Amendment Bill Part 1 cl 36 “(3) The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item) in the collection of the library or archive without infring­ ing copyright in any work included in the item if— “(a) the original item is at risk of loss, damage, or destruc­ 5 tion; and the digital copy replaces the original item; and the original item is not accessible by members of the public after replacement by the digital copy except for purposes of research the nature of which requires or may 10 beneﬁt from access to the original item; and it is not reasonably practicable to purchase a copy of the original item.
“(b) “(c) “(d) “(4) The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original 15 item) in the collection of the library or archive without infring­ ing copyright in any work included in the item if— “(a) the digital copy is used to replace an item in the col­ lection of another prescribed library or archive that has been lost, damaged, or destroyed; and it is not reasonably practicable to purchase a copy of the original item.” “(b) 35 “(6) Copying by librarians or archivists of certain unpublished works Section 56 is amended by adding the following subsection: In this section, copy includes a digital copy, but in that case section 56B56B56B applies as well.” section section 36 New sections 56A to 56C inserted The following sections are inserted after section 56: “56A Library or archive may communicate digital copy to authenticated users “(1) The librarian of a prescribed library or the archivist of an archive does not infringe copyright in a work by communi­ cating a digital copy of the work to an authenticated user if the following conditions are met: “(a) the librarian or archivist has obtained the digital copy lawfully; and 19 20 25 30 35 Part 1 cl 36 Copyright (New Technologies) Amendment Bill “(c) “(b) the librarian or archivist ensures that each user is in­ formed in writing about the limits of copying and com­ munication allowed by this Act, including that a digital copy of a work may only be copied or communicated by the user in accordance with the provisions of this Act; 5 and the digital copy is communicated to the user in a form that cannot be altered or modiﬁed; and the number of users who access the digital copy at any one time is not more than the aggregate number of dig­ 10 ital copies of the work that— “(i) “(ii) In subsection subsection (1)(1)(1), authenticated user means a person subsection who— “(a) the library or the archive has purchased; or for which it is licensed.
“(d) 15 has a legitimate right to use the services of the library or archive; and can access the digital copy only through a veriﬁcation process that veriﬁes that the person is entitled to access the digital copy.
“(b) 20 “(2) “56B Additional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56 A copy of a work to which section 51, 52, or 56 applies must not be supplied in a digital format, by the librarian of a pre­ scribed library or the archivist of an archive, to a person (A) 25 unless the following conditions are also complied with: “(d) the librarian or archivist must give A, when the copy is supplied, a written notice that sets out the terms of use of the copy; and the librarian or archivist must, as soon as is reasonably 30 practicable, destroy any additional copy made in the process of making the copy that is supplied to A.
“(e) “56C Additional condition for making digital copies under section 53 or 54 A copy of a work to which section 53 or 54 applies must not 35 be supplied in a digital format to a library unless the librarian supplying the digital copy destroys, as soon as is reasonably 20 Copyright (New Technologies) Amendment Bill Part 1 cl 42 practicable, any additional copy made in the process of making the copy that is supplied.” Copying by Parliamentary Library for members of Parliament Section 58(2) is amended by omitting “broadcast or cable pro­ 5 gramme” in each place where it appears and substituting in each case “communication work”.
Use of recording of spoken words in certain cases Section 68(1)(b) is amended by omitting “broadcasting or in­ cluding in a cable programme service” and substituting “com­ 10 municating to the public”.

Section 68(2)(a) is amended by omitting “broadcast or cable programme” and substituting “communication work”.

Provision of Braille copies of literary or dramatic works Section 69(1) is amended by inserting “or communicate” after 15 “make”.
Public reading or recitation Section 70 is amended by repealing subsection (2) and substi­ tuting the following subsection: 38 39 (1) (2) 40 41 “(2) Copyright in a work is not infringed by the making of a sound 20 recording, or the communication to the public, of a reading or recitation that under subsection (1) is not treated as a per­ formance in public, if the recording or communication work consists mainly of material in relation to which it is not neces­ sary to rely on that subsection.” 25 42 (1) Representation of certain artistic works on public display Section 73(2) is amended by repealing paragraph (c) and sub­ stituting the following paragraph: “(c) communicating to the public a visual image of the work.” 30 (2) Section 73 is amended by repealing subsection (3) and substi­ tuting the following subsection: 21 Part 1 cl 43 Copyright (New Technologies) Amendment Bill “(3) Copyright is not infringed by the issue to the public of copies, or the communication to the public, of anything the making of which was, under this section, not an infringement of copy­ right.” 43 New sections 80A to 80C inserted The following sections are inserted after section 80: 5 “80A Decompilation of computer program “(1) The lawful user of a copy of a computer program expressed in a low level language does not infringe copyright in the pro­ gram by decompiling it, if the conditions in subsection subsection (2)(2)(2) 10 subsection are met.
subsection (1)(1)(1) are that— “(2) The conditions referred to in subsection subsection “(a) “(b) decompilation is necessary to obtain information neces­ sary for the objective of creating an independent pro­ gram that can be operated with the program decompiled 15 or with another program; and the information obtained from the decompilation is not used for any purpose other than the objective referred to in parparparaaagggrrraaaphphph (a)(a)(a).
“(c) “(b) In particular, the conditions in subsection subsection (2)(2)(2) are not met if— 20 subsection “(a) the information necessary to create the independent pro­ gram is readily available to the lawful user without de­ compiling the computer program; or the lawful user does not conﬁne decompilation of the computer program strictly to the steps that are necessary 25 to create an independent program; or the lawful user gives the information obtained from de­ compiling the computer program to any person when it is not necessary for creating an independent program to do so; or the lawful user uses the information obtained from de­ compiling the computer program to create a program that is substantially similar in its expression to the pro­ gram that has been decompiled; or the lawful user uses the information obtained from de­ 35 compiling the computer program to do any act that is restricted by copyright.
In this section, decompile means— “(d) “(e) 30 “(3) “(4) 22 Copyright (New Technologies) Amendment Bill Part 1 cl 44 “(a) “(b) to convert a computer program expressed in a low level language into a version expressed in a higher level lan­ guage; or to copy the program as a necessary incident of convert­ ing it into that version.
5 “80B Copying or adapting computer program if necessary for lawful use “(1) The lawful user of a computer program (A) does not infringe copyright in it by copying or adapting it, if— “(a) copying or adapting it is necessary for A’s lawful use 10 of the program (for example, to correct an error in the program); and a properly functioning and error­free copy of the pro­ gram is not available to A within a reasonable time at an ordinary commercial price.
15 “(b) “(2) This section does not apply to copying or adapting that is per­ section 80B80B80BAAA.
mitted under section section 80A80A80A ororor section section section “80BA Observing, studying, or testing of computer program The lawful user of a computer program (A) does not infringe copyright in it by observing, studying, or testing the func­ 20 tioning of the program in order to determine the ideas and principles that underlie any element of the program if A does so while performing the acts of loading, displaying, running, transmitting, or storing the program that A is entitled to do.
“80C Certain contractual terms relating to use of computer 25 programs have no effect A term or condition in an agreement for the use of a com­ puter program has no effect in so far as it prohibits or restricts any activity undertaken in accordance with section 80A(2) section 80A(2) 80A(2) section 80B(1).” ororor 80B(1) 80B(1) 30 44 New section 81A inserted The following section is inserted after section 81: 23 Part 1 cl 45 Copyright (New Technologies) Amendment Bill “81A Copying sound recording for personal use “(1) Copyright in a sound recording and in a literary or musical work contained in it is not infringed by copying the sound recording, if the following conditions are met: “(aa) the sound recording is not a communication work or 5 “(a) “(e) “(d) “(b) “(c) part of a communication work; and the copy is made from a sound recording that is not an infringing copy; and the sound recording is not borrowed or hired; and the copy is made by the owner of the sound recording; 10 and that owner acquired the sound recording legitimately; and the copy is used only for that owner’s personal use or the personal use of a member of the household in which 15 the owner lives or both; and no more than 1 copy is made for each device for play­ ing sound recordings that is owned by the owner of the sound recording; and the owner of the sound recording retains the ownership 20 of both the sound recording and of any copy that is made under this section.
subsection (1)(1)(1) does not apply if “(2) For the avoidance of doubt, subsection subsection the owner of the sound recording is bound by a contract that speciﬁes the circumstances in which the sound recording may 25 be copied.” “(g) “(f) 45 New heading and new sections 82 to 84 substituted Sections 82 to 84, and the heading immediately above section 82 are repealed and the following heading and sections substi­ tuted: 30 “Communication works “82 Recording for purposes of maintaining standards in programmes The author of a communication work does not infringe copy­ right in it, or in any work included in it, by recording it, if the 35 recording is made and used solely for the purpose of check­ ing on the maintenance of standards in communication works made by the author.
24 Copyright (New Technologies) Amendment Bill Part 1 cl 45 “83 Recording for purposes of complaining “(1) A person (A) does not infringe copyright in a communication work, or in any work included in it, by recording it or commu­ nicating it or both to a complaint authority, if the recording or the communication or both are done solely for the purpose of 5 complaining to a complaint authority.
“(3) subsection (1)(1)(1) does not apply, and A does in­ “(2) However, subsection subsection fringe copyright in the communication work recorded and in any work included in the recording, if A retains the record­ ing for any longer than is reasonably necessary to prepare and 10 despatch the complaint.

subsection (2)(2)(2), the If a person infringes copyright under subsection subsection recording is treated as an infringing copy.
In this section and in section section 848484, complaint authority means section any person or body that is responsible for dealing with com­ 15 plaints about the content of communication works, including the content of advertisements in communication works.
“(4) “84 Recording for purposes of time shifting “(1) A person (A) does not infringe copyright in a programme in­ cluded in a communication work, or in any work included in 20 it, by recording it, if— “(a) A makes the recording solely for A’s personal use or the personal use of a member of the household in which A lives or both; and “(b) A makes the recording solely for the purpose of viewing 25 or listening to the recording at a more convenient time; and the recording is not made from an on­demand service; and “(c) “(d) A has lawful access to the communication work at the 30 time of making the recording.
subsection (1)(1)(1) does not apply, and A does infringe “(2) However, subsection subsection copyright in the communication work recorded and in any work included in the communication work, if— “(a) A retains the recording for any longer than is reasonably 35 necessary for viewing or listening to the recording at a more convenient time; or 25 Part 1 cl 46 Copyright (New Technologies) Amendment Bill “(b) in the event that the person who views or listens to the recording wishes to make a complaint to a complaint authority, A retains the recording for any longer than is reasonably necessary to prepare and despatch the com­ plaint.
5 “(3) If a person infringes copyright under subsection subsection (2)(2)(2), the subsection recording is treated as an infringing copy.” Example A records a movie to be screened on television because she will be at work when it screens.

She watches the movie on the weekend and then 10 later tapes over it.

Provided the conditions in s 84(1) are met, the copy that A makes is not an infringing copy.
B copies music from a streamed Internet audio service and keeps the copy as part of B’s music collection, in order to listen to it multiple times on demand.

Copies made for the home library or collection in this way 15 are infringing copies.

46 (1) (2) Incidental recording for purposes of broadcast or cable programme The heading to section 85 is amended by omitting “broadcast or cable programme” and substituting “communication”.
Section 85 is amended by repealing subsection (1) and substi­ tuting the following subsection: “(1) This section applies where, under an assignment or a licence, a person is authorised to communicate the following works to the public: “(a) 20 25 a literary, dramatic, or musical work, or an adaptation of that work; or an artistic work; or a sound recording or ﬁlm.” “(b) “(c) Section 85(2) is amended by omitting “broadcast or cable pro­ 30 gramme” and substituting “communication work”.
Section 85(3)(b) is amended by omitting “broadcasting the work or, as the case may be, including the work in a cable programme” and substituting “communicating the work to the public”.

35 (3) (4) 26 Copyright (New Technologies) Amendment Bill Part 1 cl 48 47 48 Section 86 repealed Section 86 is repealed.
New sections 87 to 87B substituted Section 87 is repealed and the following sections substituted: “87 Free public playing or showing of communication work “(1) The free public playing or showing of a communication work section 87A87A87A ap­ (other than a communication work to which section section plies or a communication work for which a subscription fee must be paid in order to receive it) does not infringe any copy­ right in— “(a) “(b) the communication work; or any sound recording or ﬁlm included in the communi­ cation work.
“(2) For the purposes of this section, the public playing or showing of a communication work is not free if— “(a) the audience has paid for admission to— “(i) the place where the communication work is shown or played (which in this section is called the venue); or any place of which the venue is a part; or “(ii) “(b) goods or services are supplied at the venue or a place of which it forms part at prices that— “(i) are substantially attributable to the facilities af­ forded for hearing or seeing the communication work; or exceed those usually charged there and that are partly attributable to those facilities; or “(ii) “(c) the venue is a hotel, motel, camping ground, or any other place that admits persons for a fee for purposes of temporary accommodation, and the audience is made 30 up of persons residing at that hotel, motel, camping ground, or other place.
(2)(a), the following persons “(3) For the purposes of subsection subsection (2)(a) (2)(a) subsection must not be treated as having paid for admission to the venue: “(a) a person admitted as a resident or an inmate of a place 35 (other than a hotel, motel, camping ground, or any other (2)(c) applies): place to which subsection subsection (2)(c) (2)(c) subsection 27 Part 1 cl 48 Copyright (New Technologies) Amendment Bill “(b) a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing communication works is only incidental to the main purposes of the club or society.
5 “87A Free public playing or showing of communication work that is simultaneous with reception “(1) This section applies to the playing or showing of a communi­ cation work that— “(a) is made for reception in the area in which it is played or 10 shown; and is not a communication work for which a subscription fee must be paid in order to receive it; and is shown or played simultaneously upon reception of the communication work.
15 “(b) “(c) “(2) The free public playing or showing of a communication work to which this section applies does not infringe any copyright in— “(a) “(b) the communication work; or any sound recording or ﬁlm that is played or shown in 20 public by reception of the communication work.
“(3) For the purposes of this section, the public playing or showing of a communication work is not free if— “(a) the audience has paid for admission to the place where the communication work is shown or played (which in 25 this section is called the venue), including any place of which the venue is a part; or “(b) goods or services are supplied at the venue or a place of which it forms part at prices that— “(i) are substantially attributable to the facilities af­ 30 forded for hearing or seeing the communication work; or exceed those usually charged there and that are partly attributable to those facilities.
“(ii) (3)(a), the following persons 35 “(4) For the purposes of subsection subsection (3)(a) (3)(a) subsection must not be treated as having paid for admission to the venue: a person admitted as a resident or an inmate of a place “(a) (including a person residing in a hotel, motel, camping 28 Copyright (New Technologies) Amendment Bill Part 1 cl 50 “(b) ground, or any other place that admits persons for a fee for the purpose of temporary accommodation): a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or 5 seeing communication works is only incidental to the main purposes of the club or society.
“87B Assessment of damages for infringement of copyright in sound recording or ﬁlm Where the making of a communication work is an infringe­ 10 ment of copyright, the fact that the work was heard or seen in public by the reception of the communication work must be taken into account in assessing the damages for the infringe­ ment.” 49 Reception and retransmission of broadcast in cable programme service Section 88 is amended by adding the following subsection: 15 “(4) For the purposes of this section only,— “(a) “(b) sections 3 and 4 of this Act before repeal by the Copy­ right (New Technologies) Amendment Act 2006 con­ 20 tinue to apply as if they had not been repealed and as if references in those provisions to ‘this Act’ were refer­ ences to this section; and the deﬁnition of broadcast in section 2(1) of this Act before repeal by the Copyright (New Technologies) 25 Amendment Act 2006 continues to apply as if that deﬁnition had not been repealed.” 50 New section 89 substituted Section 89 is repealed and the following section substituted: “89 Provision of subtitled copies of communication work “(1) A body prescribed by regulation made under this Act may, for the purpose of providing people who are deaf or hard of hear­ ing, or physically or mentally disabled in any other way, with copies that are subtitled or otherwise modiﬁed for their special needs, make copies of a communication work and issue copies 35 to the public, without infringing any copyright in the commu­ 30 29 Part 1 cl 51 Copyright (New Technologies) Amendment Bill nication work or in any work included in the communication work.
“(2) A body must not be prescribed for the purposes of subsection subsection subsection (1)(1)(1) if it is established or conducted for proﬁt.” 51 Recording for archival purposes Section 90 is amended by repealing subsection (1) and substi­ tuting the following subsection: 5 “(1) A person (A) does not infringe copyright in a communication work, or in any work included in it, by recording it or making a copy of a recording of it, if— “(a) the communication work is in a class of communication work prescribed by regulations made under this Act; and “(b) A makes the recording or the copy for the purpose of 10 placing it in an archive maintained by a body prescribed 15 by regulations made under this Act.” 52 (1) Recording by media monitors Section 91 is amended by repealing subsection (1) and substi­ tuting the following subsections: “(1) This section applies to a recording, or a transcript of a record­ 20 ing, of a communication work that consists wholly or substan­ tially of news or reports or discussions of current events.
“(1A) The person who makes the recording or transcript does not infringe copyright in the communication work, or in any work included in the communication work, if the conditions in subsubsub­­­ 25 section (2)(2)(2) are complied with.” section section Section 91(2) is amended by omitting “subsection (1)” and substituting “subsection (1A)”.

Section 91(4) is amended by omitting “broadcasts or cable programmes” and substituting “the communication work”.
(3) (2) 30 New heading and new sections 92A to 92C inserted The following heading and sections are inserted after section 92: 53 30 Copyright (New Technologies) Amendment Bill Part 1 cl 53 “Internet service provider liability “92A Internet service provider must have policy for terminating accounts of repeat infringers “(1) An Internet service provider must adopt and reasonably imple­ “(2) ment a policy that provides for termination, in appropriate cir­ 5 cumstances, of the account with that Internet service provider of a repeat infringer.
In sssuuubbbssseeeccctttiiiooonnn (((111))), repeat infringer means a person who re­ peatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a 10 restricted act without the consent of the copyright owner.
“92B Internet service provider liability if user infringes copyright “(1) This section applies if a person (A) infringes the copyright in a work by using 1 or more of the Internet services of an Internet 15 service provider to do a restricted act without the consent of the copyright owner.
“(2) Merely because A uses the Internet services of the Internet ser­ vice provider in infringing the copyright, the Internet service provider, without more,— “(a) “(b) must not be taken to have authorised A’s infringement does not infringe the copyright in the work: “(c) of copyright in the work: subject to subsection subsection (3)(3)(3), must not be subject to any subsection civil remedy or criminal sanction.
20 25 “(3) However, nothing in this section limits the right of the copy­ right owner to injunctive relief in relation to A’s infringement or any infringement by the Internet service provider.

In subsections subsections (1)(1)(1) andandand (2)(2)(2), Internet services means the ser­ subsections vices referred to in the deﬁnition of Internet service provider 30 in section 2(1).
“(4) “92C Internet service provider liability for storing infringing material “(1) This section applies if— “(a) an Internet service provider stores material provided by 35 a user of the service; and 31 Part 1 cl 53 Copyright (New Technologies) Amendment Bill “(b) the material infringes copyright in a work (other than as a result of any modiﬁcation by the Internet service provider).
“(2) The Internet service provider does not infringe copyright in the work by storing the material unless— “(a) the Internet service provider knows that the material infringes copyright in the work; or 5 “(ba) the Internet service provider— “(i) has received a notice of infringement that com­ plies with ssseeeccctttiiiooonnn 999222CCCAAA; and 10 “(ii) does not, as soon as possible after becoming aware (whether as a result of receiving the notice or otherwise) of facts or circumstances that make it apparent that the material is likely to infringe copyright in the work, delete the material or 15 prevent access to it; or “(a) the Internet service provider— “(i) knows or has reason to believe that the material infringes copyright in the work; and “(ii) does not, as soon as possible after becoming 20 aware of the infringing material, delete the ma­ terial or prevent access to it; or the user of the service who provided the material is act­ ing on behalf of, or at the direction of, the Internet ser­ vice provider.
25 “(b) “(2A) A court, in determining whether, for the purposes of sssuuubbbssseeeccc­­­ tttiiiooonnn (((222))), an Internet service provider knows or has reason to believe that material infringes copyright in a work, must take account of all relevant matters, including whether the Internet service provider has received a notice of infringement in rela­ 30 tion to the infringement.
“(3) An Internet service provider who deletes a user’s material or prevents access to it because the Internet service provider knows or has reason to believe that it infringes copyright in a work must, as soon as possible, give notice to the user that 35 the material has been deleted or access to it prevented.

“(4) Nothing in this section limits the right of the copyright owner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider.
32 Copyright (New Technologies) Amendment Bill Part 1 cl 53 “92CA Notice of infringement A notice referred to in ssseeeccctttiiiooonnn 999222CCC(((222)))(((bbbaaa)))(((iii))) must be— “(a) “(b) “(c) properly completed; and in the prescribed form; and signed by the copyright owner or the copyright owner’s 5 duly authorised agent.
“92CA Requirements for notice of infringement A notice referred to in ssseeeccctttiiiooonnn 999222CCC(((222AAA))) must— “(a) contain the information prescribed by regulations made under this Act; and “(b) be signed by the copyright owner or the copyright 10 owner’s duly authorised agent.
“92CB Offences in relation to notice of infringement “(1) A person (A) commits an offence if— “(a) A signs, or authorises another person to sign, a notice 15 “(b) referred to in ssseeeccctttiiiooonnn 999222CCC(((222)))(((bbbaaa)))(((iii))); and the notice is false or misleading in a material particular; and “(c) A knows that the notice is false or misleading in a ma­ terial particular or is reckless as to whether it is or not.
20 “(2) A person (B) commits an offence if— “(b) “(a) B has signed, or has authorised another person to sign, a notice referred to in ssseeeccctttiiiooonnn 999222CCC(((222)))(((bbbaaa)))(((iii))); and the notice is false or misleading in a material particular; and after the notice is signed, B either knows that the notice is false or misleading in a material particular or is reck­ less as to whether it is or not; and “(c) “(d) does not take all reasonable steps to withdraw the no­ tice.
“(3) A person who commits an offence under this section is liable 25 30 on summary conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $50,000; and in the case of a body corporate, to a ﬁne not exceeding 35 $100,000.

“(b) 33 Part 1 cl 53 Copyright (New Technologies) Amendment Bill “(4) For the avoidance of doubt, if an individual acting on behalf of a body corporate commits an offence under this section, the body corporate also commits the offence.
“92D Internet service provider does not infringe copyright by caching infringing material “(1) An Internet service provider does not infringe copyright in a work by caching material if the Internet service provider— “(a) “(b) does not modify the material; and complies with any conditions imposed by the copyright owner of the material for access to that material; and does not interfere with the lawful use of technology to obtain data on the use of the material; and “(c) “(d) updates the material in accordance with reasonable in­ dustry practice.
5 10 “(2) However, an Internet service provider does infringe copyright 15 in a work by caching material if the Internet service provider does not delete the material or prevent access to it by users as soon as possible after the Internet service provider became aware that— “(a) the material has been deleted from its original source; 20 or access to the material at its original source has been prevented; or a court has ordered that the material be deleted from its original source or that access to the material at its 25 original source be prevented.
“(b) “(c) “(4) “(3) Nothing in this section limits the right of the copyright owner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider.
In this section,— “cache means the storage of material by an Internet service provider that is— “(a) “(b) “(c) controlled through an automated process; and temporary; and for the sole purpose of enabling the Internet service 35 provider to transmit the material more efﬁciently to other users of the service on their request 30 34 Copyright (New Technologies) Amendment Bill Part 1 cl 54 “original source means the source from which the Internet service provider copied the material that is cached.” 54 Subsequent dealings with copies made under this Part Section 93 is amended by repealing subsection (2) and substi­ tuting the following subsection: 5 “(2) The provisions referred to in subsection (1) are as follows: “(a) “(b) “(c) “(d) “(e) “(f) “(g) “(h) “(i) “(j) “(k) “(l) 15 section 43A43A43A (which relates to transient reproduction of section section work): section 44 (which relates to copying for educational pur­ poses of literary, dramatic, musical, or artistic works or 10 typographical arrangements): section 44A44A44A (which relates to storing for educational section section purposes): section 45 (which relates to copying for educational pur­ poses of ﬁlms and sound recordings): section 484848 (which relates to recording by educational section section establishments of communication works): section 49 (which relates to things done for the purposes of an examination): section 51 (which relates to copying by librarians of 20 parts of published works): section 52 (which relates to copying by librarians of articles in periodicals): section 53 (which relates to copying by librarians for users of other libraries): section 55 (which relates to copying by librarians or archivists to replace copies of works): section 56 (which relates to copying by librarians or archivists of certain unpublished works): sections 56A56A56A tototo 56C56C56C (which relate to access to and 30 sections sections copying of works in digital format): 25 “(m) section 58 (which relates to copying by the Parliamen­ “(n) tary Library for members of
 Parliament): section 69 (which relates to the provision of Braille copies of literary or dramatic works): section 80A80A80A (which relates to the decompilation of “(o) section section computer programs): 35 35 Part 1 cl 55 Copyright (New Technologies) Amendment Bill “(r) “(s) section 80B80B80B (which relates to copying or adapting “(p) section section computer programs if necessary for lawful use): section 81A81A81A (which relates to copying sound record­ “(q) section section ings for private and domestic use): section 83 (which relates to recording for the purposes 5 of complaining): section 848484 (which relates to recording for the purposes section section of time shifting): section 90 (which relates to recording for archival pur­ poses): section 92B92B92B (which relates to Internet service provider “(u) section section liability for storing infringing material): section 92C92C92C (which relates to Internet service provider “(v) section section liability for caching infringing material).” “(t) 10 55 (1) (2) (3) 56 57 (1) 15 Right to be identiﬁed as author or director Section 94(2)(a) is amended by omitting “broadcast, or in­ cluded in a cable programme” and substituting “or commu­ nicated to the public”.
Section 94(6)(b) is amended by omitting “broadcast or in­ cluded in a cable programme” and substituting “communi­ 20 cated to the public”.

Section 94(8) is amended by repealing paragraph (a) and sub­ stituting the following paragraph: “(a) the ﬁlm is shown in public or communicated to the pub­ lic; or”.

25 Content of right to be identiﬁed Section 95(1)(c) is amended by omitting “broadcast, cable pro­ gramme” and substituting “communication work”.
Exceptions to right to be identiﬁed Section 97 is amended by repealing subsection (3) and substi­ 30 tuting the following subsection: “(3) The right is not infringed by an act that, under any of the fol­ lowing provisions of this Act, would not infringe copyright in the work: “(a) section 41 (which relates to incidental copying of a 35 work): 36 Copyright (New Technologies) Amendment Bill Part 1 cl 58 “(c) “(e) “(d) “(b) section 42 (which relates to criticism, review, and news reporting): section 43A43A43A (which relates to transient reproduction of section section work): section 49 (which relates to things done for the purposes 5 of an examination): section 59 (which relates to parliamentary and judicial proceedings): section 60 (which relates to Royal commissions and statutory inquiries): section 67 (which relates to acts permitted on assump­ tions as to expiry of copyright or death of author in re­ lation to anonymous or pseudonymous works): section 81A81A81A (which relates to copying sound record­ “(h) section section ings for private and domestic use).” “(g) “(f) 10 15 (2) 58 (1) (2) (3) Section 97(8) is amended by repealing paragraph (b) and sub­ stituting the following paragraph: “(b) a part of a ﬁlm, if that part— “(i) appears incidentally in another ﬁlm, or is in­ cluded in a communication work; and is not a substantial part of the ﬁlm.” “(ii) Content of right to object to derogatory treatment Section 99(1)(a) is amended by omitting “broadcasts, or in­ cludes in a cable programme” and substituting “or communi­ cates to the public”.
Section 99(2)(a) is amended by omitting “broadcasts or in­ cludes in a cable programme” and substituting “communicates to the public”.

Section 99(4) is amended by repealing paragraph (a) and sub­ stituting the following paragraph: “(a) shows in public, or communicates to the public, a derogatory treatment of the ﬁlm; or”.

20 25 30 (4) Section 99(4)(c) is amended by repealing subparagraph (i) and substituting the following subparagraph: “(i) plays in public or communicates to the public; 35 or”.
37 Part 1 cl 59 Copyright (New Technologies) Amendment Bill 59 (1) Exceptions to right to object to derogatory treatment of ﬁlms Section 101(3) is amended by repealing paragraphs (a) and (b) and substituting the following paragraph: “(a) in relation to the communication of a ﬁlm,— “(i) complying with a duty imposed under section 4 of the Broadcasting Act 1989; or “(ii) maintaining standards that are consistent with the observance of good taste and decency and the maintenance of law and order; or “(iii) avoiding the commission of an offence; or “(iv) complying with a duty imposed by or under any enactment—”.
5 10 (2) Section 101 is amended by repealing subsection (6) and sub­ stituting the following subsection: 15 “(6) The right is not infringed, in relation to the communication of a ﬁlm to the public, if the person (A) communicating the ﬁlm— “(a) makes a deletion or any deletions from the ﬁlm that is or are reasonably required to enable A to— “(i) follow guidelines as to the programmes that may 20 be shown in particular time periods; or “(ii) ﬁt the ﬁlm into the time scheduled to show it; or communicates the ﬁlm in separate parts because of its length; or uses a clip of a ﬁlm in an advertisement for the showing 25 of the ﬁlm.” “(b) “(c) 60 False attribution of identity of author or director Section 102 is amended by repealing subsection (4) and sub­ stituting the following subsection: “(4) A person (A) infringes a right under subsection (2) if— 30 “(a) A performs a literary, dramatic, or musical work in pub­ lic, or shows a ﬁlm to the public, or communicates the work or ﬁlm to the public; and the work or ﬁlm is accompanied by a false attribution; and “(b) “(c) A knows or has reason to believe that the attribution is 35 false.” 38 Copyright (New Technologies) Amendment Bill Part 1 cl 63 61 False representation as to literary, dramatic, or musical work Section 103 is amended by repealing subsection (4) and sub­ stituting the following subsection: “(4) A person (A) infringes the right conferred by subsection (2) if 5 A performs in public, or communicates to the public, a literary, dramatic, or musical work, accompanied by a false represen­ tation, and A knows or has reason to believe that the represen­ tation is false.” 62 (1) (2) 63 Right to privacy of certain photographs and ﬁlms Section 105(1) is amended by repealing paragraph (c) and sub­ stituting the following paragraph: “(c) not to have the work communicated to the public.” Section 105(3)(a) is amended by omitting “broadcast or cable programme”, and substituting “or communication work”.
10 15 New sections 112 to 112B substituted The principal Act is amended by repealing section 112 and substituting the following sections: “112 Warranty implied in certain licences “(1) This section applies to a licence that has been granted for— 20 “(a) the performance or communication to the public of a copyright work that is a literary, dramatic, or musical work or a sound recording or ﬁlm; or the inclusion of a copyright work that is an artistic work in a performance or a communication work.
“(2) A warranty is implied in the licence that the person by whom “(b) or on whose behalf the licence is granted is— “(a) the owner of the copyright in the work, sound recording, or ﬁlm that is the subject of the licence; or authorised to grant the licence by the copyright owner.
“(b) 25 30 “112A Damages for falsely claiming copyright ownership or licence “(1) This section applies if— “(a) a person (A) falsely claims to be, or to have been granted a licence by or on behalf of, the owner of the copyright 35 39 Part 2 cl 64 Copyright (New Technologies) Amendment Bill in a literary, dramatic, musical, or an artistic work or a sound recording or ﬁlm; and “(b) A has threatened or commenced proceedings for pre­ venting, or claiming damages in respect of, a perform­ ance or communication to the public of the work, sound 5 recording, or ﬁlm (which in this section is called the event); and as a result of the threat or commencement of proceed­ ings, the event has not taken place.
“(c) “(2) A court may award damages to compensate any of the follow­ 10 ing persons for any loss sustained because the event did not take place: “(a) in the case of a threat of proceedings, the person to whom A made the threat: in the case of the commencement of proceedings, a de­ 15 fendant: any other person interested in the event.
“(b) “(c) “112B Provisions of sections 112 and 112A to have effect no matter what licence says The provisions of sections sections 112112112 andandand 112A112A112A have effect no 20 sections matter what any licence may say, and extend to all licences whether granted before or after the commencement of this Act.” 25 Part 2 Amendments to Parts 6 to 11 of Copyright Act 1994 Presumptions relevant to computer programs, sound recordings, and ﬁlms Section 128(5) is amended by omitting “public, broadcast, or included in a cable programme” and substituting “public or 30 communicated to the public”.
Section 128(6) is amended by omitting “public, broadcast, or included in a cable programme” in each place where it appears and substituting in each case “public or communicated to the public”.

35 64 (1) (2) 40 Copyright (New Technologies) Amendment Bill Part 2 cl 68 64A Unjustiﬁed proceedings Section 130(1) is amended by inserting “or a contravention of section 226A226A226A” after “copyright”.
section section 65 Criminal liability for making or dealing with infringing objects Section 131(4) is amended by omitting “broadcast or cable programme” and substituting “communication work”.
5 66 Works of more than one author “(2) Section 147 is amended by repealing subsection (2) and sub­ stituting the following subsection: In subsection (1), group of companies means a holding com­ pany and its subsidiaries as deﬁned in sections 5 and 6 of the Companies Act 1993.” 10 67 (1) (2) (3) 68 (1) (2) Licensing schemes to which sections 149 to 155 apply Section 148(a) is amended by repealing subparagraph (iv) and 15 substituting the following subparagraph: “(iv) relate to licences for copying the work or per­ forming, showing, or playing the work in public or communicating the work to the public:”.
Section 148(b) is amended by omitting “broadcasts, or cable 20 programmes” and substituting “communication works”.

Section 148(d) is amended by repealing subparagraphs (iii) and (iv) and substituting the following subparagraph: “(iii) recording in the circumstances set out in sections 48(1) and 91(2);—”.
25 Licences to which sections 157 to 160 apply Section 156(a) is amended by repealing subparagraph (iii) and substituting the following subparagraph: “(iii) authorise the copying of the work or the perform­ ance, showing, or playing of the work in public 30 or the communication of the work to the public:”.

Section 156(b) is amended by omitting “broadcast, or cable programme” and substituting “communication work”.
41 Part 2 cl 69 Copyright (New Technologies) Amendment Bill 69 New section 163 substituted The principal Act is amended by repealing section 163 and substituting the following section: “163 Licences for educational establishments in respect of works included in communication works “(1) This section applies to references or applications made under this Part in relation to licences for— “(a) the recording, for educational purposes, by or on behalf of educational establishments, of communication works that include copyright works; or “(b) making copies of those recordings for educational pur­ 5 10 poses.
“(2) When this section applies, the Tribunal must, in considering what charges (if any) should be paid for a licence, have regard to the extent to which the owners of the copyright in the works 15 included in the communication work have already received, or are entitled to receive, payment in respect of their inclusion.” 70 (1) (2) 71 Licences to reﬂect conditions imposed by promoters of events Section 164(1) is amended by omitting “broadcast, or cable 20 programme” and substituting “or communication work”.
Section 164(2)(b) is amended by omitting “broadcast, or cable programme” and substituting “or communication work”.

Licences to reﬂect payments in respect of underlying rights Section 165(2) is amended by— (a) omitting “broadcasts, or cable programmes” and substi­ tuting “or communication works”; and omitting “broadcast, or cable programme” and substi­ tuting “or communication work”.
(b) 25 30 72 Licences in respect of works included in retransmissions Section 166 is amended by repealing subsection (1) and sub­ stituting the following subsection: “(1) This section applies to applications under this Part in relation to licences to include literary, dramatic, musical, or artistic 35 42 Copyright (New Technologies) Amendment Bill Part 2 cl 77 works or sound recordings or ﬁlms in a communication work when one communication work (in this section referred to as the ﬁrst transmission) is, by reception and immediate retrans­ mission, to be further communicated to the public (in this sec­ tion referred to as the further transmission).” 5 Determination of equitable remuneration Section 168(1)(e) is amended by omitting “broadcast or cable programme” and substituting “communication work”.
Interpretation Paragraph (d) of the deﬁnition of commercial exploitation in 10 section 169 is repealed and the following paragraph substi­ tuted: “(d) communicating recordings or copies of recordings to the public”.

Paragraph (b) of the deﬁnition of recording in section 169 15 is amended by omitting “broadcast of, or a cable programme that includes,” and substituting “communication work that in­ cludes”.
Application Section 170(4)(a) is amended by omitting “broadcast or cable 20 programme” and substituting “communication work”.
Consent required for recording or live transmission of performance Section 171(1) is amended by repealing paragraph (b) and sub­ stituting the following paragraph: “(b) communicates live to the public the whole or any sub­ stantial part of a performance.” 25 73 74 (1) (2) 75 76 77 New section 172 substituted Section 172 is repealed and the following section substituted: “172 Infringement by use of recording made without 30 performer’s consent A person (A) infringes a performer’s rights if— 43 Part 2 cl 78 Copyright (New Technologies) Amendment Bill “(a) without the performer’s consent and by means of a recording, A shows in public, plays in public, or com­ municates to the public the whole or a substantial part of a performance; and the recording was made without the performer’s con­ 5 sent; and “(b) “(c) A knows or has reason to believe that the recording was made without the performer’s consent.” 78 Incidental inclusion of performance or recording Section 175 is amended by repealing subsection (1) and sub­ 10 stituting the following subsection: “(1) The rights conferred by this Part are not infringed by— “(a) “(b) “(c) the incidental inclusion of a performance or recording in a sound recording, ﬁlm, or communication work; or the playing of a sound recording, the showing of a ﬁlm, 15 or the making of a communication work, where the per­ formance or sound recording has been incidentally in­ cluded in that sound recording, ﬁlm, or communication work; or the issue to the public of copies of a sound recording, 20 ﬁlm, or communication work in which a performance or recording has been incidentally included.” 79 New section 175A inserted The following section is inserted after section 175: “175A Transient reproduction of recording of performance 25 A reproduction of a recording of a performance of a work does not infringe the rights conferred by this Part in the recording if the reproduction— “(a) “(b) is transient or incidental; and is a necessary part of a technological process for the 30 viewing of, or listening
 to, the recording by a member of the public to whom the recording is lawfully made available; and has no independent economic signiﬁcance.” “(c) 44 Copyright (New Technologies) Amendment Bill Part 2 cl 83 80 (1) (2) 81 (1) (2) 82 (1) “(1) (2) Playing or showing sound recording, ﬁlm, broadcast, or cable programme at educational establishment The heading to section 178 is amended by omitting “broad­ cast, or cable programme” and substituting “or communi­ cation work”.
Section 178(1) is amended by omitting “broadcast, or cable programme” and substituting “or communication work”.

5 Recording of broadcasts and cable programmes by educational establishment The heading to section 179 is amended by omitting “broad­ 10 casts and cable programmes” and substituting “communi­ cation works”.

Section 179 is amended by omitting “broadcast or cable pro­ gramme” and substituting “communication work”.
Use of recordings of spoken works in certain cases Section 184 is amended by repealing subsection (1) and sub­ stituting the following subsection: It is not an infringement of the rights conferred by this Part to use a recording of a reading or recitation of a literary work (or to copy the recording and use the copy) if— it was made for the purpose of— “(a) reporting current events; or “(i) communicating all or part of the reading or recita­ “(ii) tion to the public; and the conditions in subsection (2) are complied with.” “(b) Section 184(2)(a) is amended by omitting “broadcast or cable programme” and substituting “communication work”.
15 20 25 83 New section 187 substituted Section 187 is repealed and the following section substituted: “187 Incidental recording for purposes of communication work 30 “(1) A person who proposes to communicate a recording of a per­ formance to the public in circumstances not infringing rights under this Part does not require consent for the purposes of this Part to the making of the further recording if the conditions in subsection (2)(2)(2) are complied with.
subsection subsection 35 45 Part 2 cl 84 Copyright (New Technologies) Amendment Bill subsection (1)(1)(1) are that the fur­ “(2) The conditions referred to in subsection subsection ther recording— “(a) must only be used for communicating it to the public in circumstances not infringing rights under this Part; and “(b) must be destroyed within 6 months after ﬁrst being com­ 5 municated to the public, unless the Minister has author­ ised the preservation of the recording in the records of a government department or in the national archives be­ cause of its documentary character or exceptional im­ portance.
10 “(3) A recording made in accordance with this section is treated as an illicit recording— “(a) for the purposes of any use in breach of the condition in (2)(a); and subsection (2)(a) subsection (2)(a) subsection for all purposes after either of the conditions in subsec subsec­­­ 15 subsec tiontiontion (2)(2)(2) is broken.” “(b) 84 New sections 188 to 188B substituted Section 188 is repealed and the following sections substituted: “188 Free public playing or showing of communication work “(1) The free public playing or showing of a communication work 20 (other than a communication work to which section section 188A188A188A section applies or a communication work for which a subscription fee must be paid in order to receive it) does not infringe a right under this Part in relation to a performance or recording in­ cluded in— “(a) “(b) the communication work; or any sound recording or ﬁlm that is played or shown in public by reception of the communication work.
“(2) For the purposes of this section, the public playing or showing of a communication work is not free if— “(a) the audience has paid for admission to— “(i) the place where the communication work is shown or played (which in this section is called the venue); or any place of which the venue is a part; or “(ii) “(b) goods or services are supplied at the venue or a place of which it forms part at prices that— 46 25 30 35 Copyright (New Technologies) Amendment Bill Part 2 cl 84 “(i) “(ii) are substantially attributable to the facilities af­ forded for hearing or seeing the communication work; or exceed those usually charged there and that are partly attributable to those facilities; or “(c) the venue is a hotel, motel, camping ground, or any other place that admits persons for a fee for the pur­ poses of temporary accommodation, and the audience is made up of persons residing at that hotel, motel, camp­ ing ground, or other place.
(2)(a), the following persons “(3) For the purposes of subsection subsection (2)(a) (2)(a) subsection must not be treated as having paid for admission to the venue: a person admitted as a resident or an inmate of a place “(a) (other than a hotel, motel, camping ground, or any other place to which subsection (2)(c) applies): subsection (2)(c) (2)(c) subsection a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing communication works is only incidental to the main purposes of the club or society.
“(b) “188A Free public playing or showing of communication work that is simultaneous with reception “(1) This section applies to the playing or showing of a communi­ 5 10 15 20 cation work that— “(a) is made for reception in the area in which it is played or 25 shown; and is not a communication work for which a subscription fee must be paid in order to receive it; and is played or shown simultaneously upon reception of the communication work.
30 “(b) “(c) “(2) The free public playing or showing of a communication work to which this section applies does not infringe a right under this Part in relation to a performance or recording included in— “(a) “(b) the communication work; or any sound recording or ﬁlm that is played or shown in 35 public by reception of the communication work.
“(3) For the purposes of this section, the public playing or showing of a communication work is not free if— 47 Part 2 cl 85 Copyright (New Technologies) Amendment Bill “(a) the audience has paid for admission to the place where the communication work is played or shown (which in this section is called the venue), including any place of which the venue is a part; or “(b) goods or services are supplied at the venue or a place of 5 which it forms part at prices that— “(i) are substantially attributable to the facilities af­ forded for hearing or seeing the communication work; or exceed those usually charged there and that are 10 partly attributable to those facilities.
“(ii) (3)(a), the following persons “(4) For the purposes of subsection subsection (3)(a) (3)(a) subsection must not be treated as having paid for admission to the venue: a person admitted as a resident or an inmate of a place “(a) (including a person residing in a hotel, motel, camping 15 ground, or any other place that admits persons for a fee) for the purpose of temporary accommodation: a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or 20 seeing communication works is only incidental to the main purposes of the club or society.
“(b) “188B Assessment of damages for infringement of rights under this Part in relation to performance or recording Where the making of a communication work is an infringe­ 25 ment of rights under this Part in relation to a performance or recording, the fact that the work was heard or seen in public by the reception of the communication work must be taken into account in assessing the damages for the infringement.” 85 86 Section 189 repealed Section 189 is repealed.
30 New section 190 substituted Section 190 is repealed and the following section substituted: “190 Provision of subtitled copies of communication work “(1) A prescribed body that makes a recording of a communica­ 35 tion work for the purpose of providing people who are deaf 48 5 10 Copyright (New Technologies) Amendment Bill Part 2 cl 89 or hard of hearing or physically or mentally disabled in any other way with copies that are subtitled or otherwise modiﬁed for their special needs, does not infringe any right under this Part in relation to a performance or recording included in that communication work.
“(2) A body must not be prescribed for the purposes of subsection subsection subsection (1)(1)(1) if it is established or conducted for proﬁt.” 87 New section 191 substituted Section 191 is repealed and the following section substituted: “191 Recording of communication work for archival purposes “(1) Any person (A) who records, or makes a copy of a recording of, a communication work does not infringe any right under this Part in relation to a performance or recording included in the communication work if— “(a) the communication work falls within a prescribed class; 15 and “(b) A makes the recording or the copy for the purpose of it being placed in an archive maintained by a prescribed body.
subsection 20 “(2) A body must not be prescribed for the purposes of subsection subsection (1)(1)(1) if it is established or conducted for proﬁt.” 88 89 Criminal liability for making, dealing with, using, or copying illicit recordings Section 198(2) is amended by repealing paragraph (b) and sub­ stituting the following paragraph: “(b) communicated to the public.” New heading and new sections 226 to 226J substituted Section 226 and the heading immediately above section 226 are repealed and the following heading and sections substi­ tuted: “Technological protection measures 25 30 “226 Deﬁnitions of TPM terms In sections sections 226A226A226A tototo 226E226E226E, unless the context otherwise re­ sections quires,— 49 Part 2 cl 89 Copyright (New Technologies) Amendment Bill “(b) “TPM or technological protection measure— “(a) means any process, treatment, mechanism, device, or system that in the normal course of its operation pre­ vents or inhibits the infringement of copyright in a TPM work; but for the avoidance of doubt, does not include a process, treatment, mechanism, device, or system to the extent that, in the normal course of operation, it only con­ trols any access to a work for non­infringing purposes (for example, it does not include a process, treatment, 10 mechanism, device, or system to the extent that it con­ trols geographic market segmentation by preventing the playback in New Zealand of a non­infringing copy of a work) 5 “TPM circumvention device means a device or means that— 15 is primarily designed, produced, or adapted for the pur­ “(a) pose of enabling or facilitating the circumvention of a technological protection measure; and “(b) has no only limited commercially signiﬁcant applica­ tion except for its use in circumventing a technological 20 protection measure “TPM work means a copyright work that is protected by a technological protection measure.
“226A Prohibited conduct in relation to technological protection measure 25 “(1) A person (A) must not make, import, sell, distribute, let for hire, offer or expose for sale or hire, or advertise for sale or hire, a TPM circumvention device that applies to a technolog­ ical protection measure if A knows or has reason to believe that it will, or is likely to, be used to infringe copyright in a 30 TPM work.
“(2) A person (A) must not provide a service to another person (B) if— “(a) A intends the service to enable or assist B to circumvent a technological protection measure; and 35 “(b) A knows or has reason to believe that the service will, or is likely to, be used to infringe copyright in a TPM work.
50 Copyright (New Technologies) Amendment Bill Part 2 cl 89 “(3) A person (A) must not publish information enabling or assist­ ing another person to circumvent a technological protection measure if A intends that the information will be used to in­ fringe copyright in a TPM work.

“226B Rights of issuer of TPM work “(1) This section applies if a TPM work is issued to the public by, 5 or under licence from, the copyright owner.
“(2) The issuer of the TPM work has the same rights against a per­ son who contravenes section section 226A226A226A as a copyright owner has section in respect of an infringement of copyright.

“(3) The issuer of the TPM work has the same rights under section 122 (order for delivery up in civil proceedings) or 132 (order for delivery up in criminal proceedings) in relation to a TPM circumvention device as a copyright owner has in relation to an infringing copy.
“(4) Sections 126 to 129 (which relate to certain presumptions) ap­ ply in relation to proceedings under this section.

10 15 “(5) Section 134 (order as to disposal of infringing copy or other object) applies, with all necessary modiﬁcations, in relation to the disposal of anything that is delivered up under subsection subsection 20 subsection (3)(3)(3).
“226C Offence of contravening section 226A “(1) A person (A) commits an offence who, in the course of busi­ ness, makes, imports, sells, distributes, lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, a TPM 25 circumvention device that applies to a technological protec­ tion measure if A knows that it will, or is likely to, be used to infringe copyright in a TPM work.
“(1A) A person (A) commits an offence who, in the course of busi­ ness, provides a service to another person (B) if— “(a) A intends the service to enable or assist B to circumvent 30 a technological protection measure; and “(b) A knows that the service will, or is likely to, be used to infringe copyright in a TPM work.
“(1B) A person (A) commits an offence who, in the course of busi­ 35 ness, publishes information enabling or assisting another per­ 51 Part 2 cl 89 Copyright (New Technologies) Amendment Bill son to circumvent a technological protection measure if A in­ tends that the information will be used to infringe copyright in a TPM work.
“(2) A person who commits an offence under this section is liable on conviction on indictment to a ﬁne not exceeding $150,000 5 or a term of imprisonment not exceeding 5 years or both.
“226D When rights of issuer of TPM work do not apply “(2) The rights that the issuer of a TPM work has under ssseeeccctttiiiooonnn 222222666BBB do not prevent or restrict the making, importation, sale, or letting for hire of a TPM circumvention device to enable a 10 qualiﬁed person to— “(a) “(d) undertake encryption research.
exercise a permitted act under Part 3; or “(2) The rights that the issuer of a TPM work has under ssseeeccctttiiiooonnn 222222666BBB do not prevent or restrict the exercise of a permitted act.
15 “(b) “(2A) The rights that the issuer of a TPM work has under ssseeeccctttiiiooonnn 222222666BBB do not prevent or restrict the making, importation, sale, or letting for hire of a TPM circumvention device to enable— a qualiﬁed person to exercise a permitted act under Part “(a) 3 using a TPM circumvention device on behalf of the 20 user of a TPM work; or a person referred to in ssseeeccctttiiiooonnn 222222666EEE(((333))) to undertake encryption research.
In this section and in section section 226E226E226E, qualiﬁed person section means— “(a) “(b) “(c) “(d) the librarian of a prescribed library; or the archivist of an archive; or an educational establishment; or any other person speciﬁed by the Governor­General by Order in Council on the recommendation of the Minis­ 30 ter.
“(3) 25 “(4) A qualiﬁed person must not be supplied with a TPM circum­ vention device on behalf of a user unless the qualiﬁed person has ﬁrst made a declaration to the supplier in the prescribed form.
In this section,— “archive has the same meaning as in section 50(1) “(5) 35 52 Copyright (New Technologies) Amendment Bill Part 2 cl 89 “archivist includes a person acting on behalf of the archivist “encryption technology means the scrambling and descram­ bling of information using mathematical formulae or algo­ rithms “librarian includes a person acting on behalf of the librarian “prescribed library has the same meaning as in section 50(1).
In this section and in section section 226E226E226E, encryption research section means identifying and analysing ﬂaws and vulnerabilities of encryption technology.

5 “(6) “226E User’s options if prevented from exercising permitted 10 act by TPM “(1) Nothing in this Act prevents any person from using a TPM circumvention device to exercise a permitted act under Part 3 or to undertake encryption research.
“(2) The user of a TPM work who wishes to exercise a permitted 15 act under Part 3 but cannot practically do so because of a TPM may do either or both of the following: “(a) apply to the copyright owner or the exclusive licensee for assistance enabling the user to exercise the permitted act: 226D(3)) to ex­ engage a qualiﬁed person (see section section 226D(3) 226D(3) section ercise the permitted act on the user’s behalf using a TPM circumvention device, but only if the copyright owner or the exclusive licensee has refused the user’s request for assistance or has failed to respond to it within a rea­ 25 sonable time.
20 “(b) “(3) For the purposes of this section, a person (A) undertakes en­ cryption research if A Nothing in this Act prevents any person from using a TPM circumvention device to undertake encryp­ tion research if that person — “(a) 30 is either— “(i) engaged in a course of study at an educational es­ tablishment in the ﬁeld of encryption technology; or employed, trained, or experienced in the ﬁeld of 35 encryption technology; and “(ii) “(b) has either— 53 Part 2 cl 89 Copyright (New Technologies) Amendment Bill “(i) obtained permission from the copyright owner or exclusive licensee of the copyright to the use of a TPM circumvention device for the purpose of the research; or “(ii) has taken, or will take, all reasonable steps to 5 obtain that permission.
“(4) A qualiﬁed person who exercises a permitted act on behalf of the user of a TPM work must not charge the user more than a sum consisting of the total of the cost of the provision of the service and a reasonable contribution to the qualiﬁed person’s 10 general expenses.
“Copyright management information “226F Meaning of copyright management information In sections 226H, andandand 226J226J sections 226G226G226G,,, 226H, 226H, sections agement information means information attached to, or em­ 15 bodied in, a copy of a work that— “(a) 226J CMI or copyright man­ identiﬁes the work, and its author or copyright owner; or identiﬁes or indicates some or all of the terms and con­ ditions for using the work, or indicates that the use of 20 the work is subject to terms and conditions.
“(b) “226G Interference with CMI prohibited “(1) A person (A) must not remove or modify any copyright man­ agement information attached to, or embodied in, a copy of a work.
25 subsection (1)(1)(1) does not apply if— “(2) However, subsection subsection “(a) A has the authority of the copyright owner or the exclu­ sive licensee to remove or modify the copyright man­ agement information; or “(b) A does not know, and has no reason to believe, that the 30 removal or modiﬁcation will induce, enable, facilitate, or conceal an infringement of the copyright in the work.
“226H Commercial dealing in work subject to CMI interference “(1) A person (A) must not, in the course of business, make, import, sell, let for hire, offer or expose for sale or hire, or advertise 35 54 Copyright (New Technologies) Amendment Bill Part 2 cl 89 for sale or hire, a copy of a work if any copyright management information attached to, or embodied in, the copy has been removed or modiﬁed without the authority of the copyright owner or the exclusive licensee.
subsection (1)(1)(1) does not apply if— “(2) However, subsection subsection 5 “(a) A has the authority of the copyright owner or the exclu­ sive licensee to remove or modify the copyright man­ agement information; or “(b) A does not know, and has no reason to believe, that the removal or modiﬁcation will induce, enable, facilitate, 10 or conceal an infringement of the copyright in the work.; or “(c) A does not know, and has no reason to believe, that any copyright management information attached to, or em­ bodied in, the copy has been removed or modiﬁed with­ 15 out the authority of the copyright owner or the exclusive licensee.
“226I Contravention of section 226G or 226H A copyright owner or licensee of a work has the same rights in relation to a contravention of section section 226G226G226G ororor 226H226H226H as 20 section a copyright owner has in respect of an infringement of copy­ right.
“226J Offence of dealing in work subject to CMI interference section 226H226H226H commits an of­ “(1) A person (A) who contravenes section section fence if— “(a) A knows that the copyright management information has been removed or modiﬁed without the authority of the copyright owner or exclusive licensee; and “(b) A knows that dealing in the work will induce, enable, 25 facilitate, or conceal an infringement of the copyright in 30 the work.
subsection (1)(1)(1) is “(2) A person who commits an offence under subsection subsection liable on conviction on indictment to a ﬁne not exceeding $150,000 or a term of imprisonment not exceeding 5 years or both.” 35 55 Part 2 cl 90 Copyright (New Technologies) Amendment Bill Offence of fraudulently receiving programmes Section 227(1) is amended by omitting “broadcasting service or cable programme service” and substituting “communica­ tion work”.
Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions Section 228(1)(b) is amended by omitting “broadcasting ser­ vice or cable programme service” and substituting “commu­ nication work”.

5 Supplementary provisions as to fraudulent reception Section 229(2) is amended by omitting “broadcasting services or cable programme services” and substituting “communica­ tion works”.
Section 229(3) is amended by omitting “broadcasting service or cable programme service” and substituting “communica­ 15 tion work”.

10 Application to Convention countries Section 230(1) is amended by repealing paragraph (d) and sub­ stituting the following paragraph: “(d) apply in relation to communication works communi­ 20 cated from any Convention country as they apply in relation to communication works communicated from New Zealand,—”.
Application of Act (other than Part 9) to other entities Section 232(2) is amended by repealing paragraph (d) and sub­ 25 stituting the following paragraph: “(d) it applies to communication works communicated from any Convention country as it applies to communication works communicated from New Zealand.” Regulations Section 234(e) is amended by omitting “broadcasts or cable programmes” and substituting “communication works”.
30 90 91 92 (1) (2) 93 94 95 (1) 56 Copyright (New Technologies) Amendment Bill (2) Section 234 is amended by inserting the following paragraph after paragraph (e): “(ea) prescribing the form of a notice of infringement for the 92C(2)(ba)(i):”.
purposes of section section 92C(2)(ba)(i) 92C(2)(ba)(i) section 4 December 2006 12 December 2006 27 July 2007 19 March 2008 1 April 2008 12 Legislative history Introduction (Bill 102–1) First reading and referral to Commerce Committee Reported from Commerce Committee (Bill 102–2) Second reading Committee of the whole House (Bill 102–3) 5 Published under the authority of the House of Representatives—2006 Wellington, New Zealand: 57