Customs has the power to detain the goods for a 10 day period, during which time a copyright owner must initiate court proceedings against the importer. If proceedings are not initiated, Customs will release the goods to the importer. It is important to note that Customs no longer has the power to detain parallel imports. The Act provides for a number of new rights. Moral rights generally last for the duration of the term of copyright and can only be transferred on death.
Computer programs are exempt from the principal moral rights provisions.
The Act also makes provision for performers rights. These give performers the right to control recording and broadcasting of their performances in relation to live performances both in New Zealand and abroad, where those countries are parties to conventions dealing with these rights. Under the Act, performances which are protected include dramatic and musical performances, readings and recitations and variety acts. A copyright owner is entitled to commercially exploit its copyright through the issuing of licences to parties who wish to use or reproduce the copyright work, in return for the payment of royalties. Licences are also a means of defining the parameters of permissible use or reproduction for the licence user.