Copyright (New Technologies) Amendment Act 2008

1: Title
This Act is the Copyright (New Technologies) Amendment Act 2008.
2: Commencement
1: Section 19(2)
2: The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3: One or more Orders in Council may be made appointing different dates for the commencement of different provisions. Section 2(2) brought into force 31 October 2008 clause 2(1)
3: Principal Act amended
This Act amends the Copyright Act 1994 OIC SR 2008/411 2008-10-31 Copyright Act 1994 except ss 19(2), 48, 85 of this Act and the part of s 53 that inserts new 92A into the principal. 2008-04-12 s 35 See s 2(1) of this Act which brings s 19(2) of this Act into being on 12 April 2008 OIC Copyright Act 1994
1: Amendments to Parts 1 to 5 of Copyright Act 1994
4: Interpretation
1: Section 2(1) broadcast
2: Section 2(1) CMI copyright management information section 226F communicate communication communication work educational resource supplier
a: whose principal function is the copying of communication works and the supply of the copies it makes to educational establishments for educational purposes; and
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 Internet service provider
a: offers the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing:
b: hosts material on websites or other electronic retrieval systems that can be accessed by a user TPM technological protection measure section 226 TPM work section 226 TPM circumvention device section 226
3: Section 2(1) copying
a: means, in relation to any description of work, reproducing, recording, or storing the work in any material form (including any digital format), in any medium and by any means; and .
4: Section 2(1) copying
d: includes, in relation to a film or communication work, the making of a photograph of the whole or any substantial part of any image forming part of the film or communication work— .
5: Section 2(1) material time
c: in relation to a communication work, means when the work is made or received in New Zealand; and
d: in relation to a typographical arrangement of a published edition, means when the edition is first published .
6: Section 2(1) broadcast, or cable programme performance or communication work
5: New section 3 substituted
Section 3
3: Associated definitions for communication works
1: References in this Act to a person making a communication work are—
a: to the person transmitting the communication work or making it available by means of a communication technology, if that person has responsibility to any extent for its contents; and
b: any person who provides the contents of the work and who makes with the person communicating the work the arrangements necessary for its communication.
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 place from which the signals carrying the work are transmitted to the satellite; and
b: the person communicating the work is the person who transmits those signals to the satellite.
6: Section 4 repealed
Section 4
7: Meaning of author
Section 5(2)
c: in the case of a communication work, the person who makes the communication work:
d: in the case of a typographical arrangement of a published edition, the publisher.
8: Meaning of work of joint authorship
Section 6
2: A communication work must be treated as a work of joint authorship in any case where more than 1 person is to be taken as making the communication work.
9: Meaning of publication
1: Section 10(4)(a)(ii) the broadcasting of the work or its inclusion in a cable programme service the communication of the work to the public
2: Section 10(4)(b)(iii) the broadcasting of the work or its inclusion in a cable programme service the communication of the work to the public
3: Section 10(4)(d)
ii: the communication of the work to the public.
10: Meaning of infringing copy
Section 12(5)
a: section 85(4) (which relates to incidental recording for the purposes of a communication work): .
11: Copyright in original works
1: Section 14
1: Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions:
a: literary, dramatic, musical, or artistic works:
b: sound recordings:
c: films:
d: communication works:
e: typographical arrangements of published editions.
2: Section 14
12: Acts restricted by copyright
Section 16(1)
f: to communicate the work to the public: .
13: New section 20 substituted
Section 20
20: Qualification by reference to origin of communication work
A communication work qualifies for copyright if it is made from—
a: a place in New Zealand; or
b: a place in a prescribed foreign country.
14: Duration of copyright in literary, dramatic, musical, or artistic works
Section 22
4: For the purposes of subsection (3), the circumstances in which a work may be made available to the public include,—
a: in the case of a literary, dramatic, or musical work,—
i: performance in public:
ii: communication to the public:
b: in the case of an artistic work,—
i: exhibition in public:
ii: the playing or showing in public of a film that includes the work:
iii: communication to the public.
15: Duration of copyright in sound recordings and films
Section 23
2: For the purposes of subsection (1), a sound recording or film is made available to the public when—
a: the work is first—
i: published; or
ii: communicated to the public; or
b: in the case of a film or film sound track,—
i: the work is first shown in public; or
ii: the work is first played in public.
16: New section 24 substituted
Section 24
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 same time as copyright in the initial communication work expires.
3: There is no copyright in a repeated communication work that is communicated to the public after copyright in the initial communication work has expired.
17: Infringement by performance or playing or showing in public
Section 32(2) broadcast, or cable programme or communication work
18: New section 33 substituted
Section 33
33: Infringement by communicating to public
Communicating a work to the public is a restricted act in relation to every description of copyright work.
19: Infringement by importation
1: Section 35(1)(c) or and
2: Section 35
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 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
c: is not the licensee of the copyright in New Zealand; and
d: imports the film into New Zealand other than for that person’s private and domestic use.
4: For the purposes of subsection (3), a film is first made available to the public (as set out in section 23(2)) by any authorised act whether in New Zealand or elsewhere.
5: Subsections (3) and (4) are repealed on 31 October 2013.
20: Providing means for making infringing copies
Section 37
2: Copyright in a work is infringed by a person who, other than 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 communication in New Zealand or elsewhere.
21: New section 41 substituted
Section 41
41: Incidental copying of copyright work
1: Copyright in a work is not infringed by—
a: the incidental copying of the work in an artistic work, a sound recording, a film, or a communication work; or
b: 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
c: the issue to the public of copies of a sound recording, film, or communication work to which paragraph (a) or (b) applies.
2: For the purposes of subsection (1), a musical work, words spoken or sung with music, or so much of a sound recording or communication work as includes a musical work or those 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.
22: Criticism, review, and news reporting
Section 42
2: Fair dealing with a work for the purpose of reporting current events by means of a sound recording, film, or communication work does not infringe copyright in the work.
23: Research or private study
Section 43
4: This section does not authorise the making of more than 1 copy of the same work, or the same part of a work, on any 1 occasion, but in this subsection copy section 43A
24: 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: is transient or incidental; and
b: is an integral and essential part of a technological process for—
i: making or receiving a communication that does not infringe copyright; or
ii: enabling the lawful use of, or lawful dealing in, the work; and
c: has no independent economic significance.
25: Copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements
Section 44
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.
26: 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 retrieval system by storing a copy of the page or pages in which the work appears if—
a: the material is stored for an educational purpose; and
b: the material—
i: is displayed under a separate frame or identifier; and
ii: identifies the author (if known) and source of the work; and
iii: states the name of the educational establishment and the date on which the work was stored; and
c: the material is restricted to use by authenticated users.
2: Subsection (1) does not apply, and the educational establishment does infringe copyright in the work, if the educational establishment knowingly fails to delete the stored material within a reasonable time after the material becomes no longer relevant to the course of instruction for which it was stored.
3: In subsection (1), authenticated user
a: is a participant in the course of instruction for which the material is stored; and
b: can access the stored material only through a verification process that verifies that he or she is entitled to access the stored material.
27: Copying for educational purposes of films and sound recordings
Section 45
1: Copyright in any work that is a film, sound recording, or communication work, or any work included in a film, sound recording, or communication work, is not infringed by the copying of that work in the circumstances set out in subsection (2).
28: Performing, playing, or showing work in course of activities of educational establishment
Section 47
2: The playing or showing, for the purposes of instruction, of a 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).
29: New section 48 substituted
Section 48
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 educational establishment; or
b: made and supplied by an educational resource supplier to an educational establishment.
2: In any case to which subsection (1)(a) applies, the making or communication of a copy of the communication work by or on behalf of an educational establishment, and the subsequent communication of the copy within the educational establishment, does not infringe copyright in the communication work or in any work included in it if the copy is made or communicated for the educational establishment’s educational purposes.
3: In any case to which subsection (1)(b) applies, the making and supply of a copy of the communication work by an educational resource supplier does not infringe copyright in the communication work or in any work included in it if the copy is made and supplied for the educational purposes of the educational establishment to which it is supplied.
4: However, the exclusions from infringement of copyright in subsections (2) and (3) do not apply to—
a: the copying of a communication work if or to the extent that—
i: licences authorising the copying of the communication work by or on behalf of educational establishments or by educational resource suppliers are available under a licensing scheme; and
ii: the educational establishment or the educational resource supplier, as the case may be, knew that fact; or
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 establishments are available under a licensing scheme; and
ii: the educational establishment knew that fact; or
c: the supply of a communication work by an educational resource supplier if or to the extent that—
i: licences authorising the supply of the communication work are available under a licensing scheme; and
ii: the educational resource supplier knew that fact.
30: Interpretation
Section 50(1) sections 51 to 56 of this Act sections 51 to 56C
31: Copying by librarians of parts of published works
Section 51
5: In this section, copy section 56B
32: Copying by librarians of articles in periodicals
Section 52
4: In this section, copy section 56B
33: Copying by librarians for users of other libraries
Section 53
5: In this section, copy section 56C
34: Copying by librarians for collections of other libraries
Section 54
5: In this section, copy section 56C
35: Copying by librarians or archivists to replace copies of works
1: Section 55(1) (other than a digital copy) copy
2: Section 55
3: The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item
a: the original item is at risk of loss, damage, or destruction; and
b: the digital copy replaces the original item; and
c: 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 benefit from access to the original item; and
d: it is not reasonably practicable to purchase a copy of the original item.
4: The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item
a: the digital copy is used to replace an item in the collection of another prescribed library or archive that has been lost, damaged, or destroyed; and
b: it is not reasonably practicable to purchase a copy of the original item.
36: Copying by librarians or archivists of certain unpublished works
Section 56
6: In this section, copy section 56B
37: 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 communicating 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
b: the librarian or archivist ensures that each user is informed in writing about the limits of copying and communication 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; and
c: the digital copy is communicated to the user in a form that cannot be altered or modified; and
d: the number of users who access the digital copy at any one time is not more than the aggregate number of digital copies of the work that—
i: the library or the archive has purchased; or
ii: for which it is licensed.
2: In subsection (1), authenticated user
a: has a legitimate right to use the services of the library or archive; and
b: can access the digital copy only through a verification process that verifies that the person is entitled to access the digital copy.
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 prescribed library or the archivist of an archive, to a person ( A
a: 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
b: the librarian or archivist must, as soon as is reasonably practicable, destroy any additional copy made in the process of making the copy that is supplied to A.
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 be supplied in a digital format to a library unless the librarian supplying the digital copy destroys, as soon as is reasonably practicable, any additional copy made in the process of making the copy that is supplied.
38: Copying by Parliamentary Library for members of Parliament
Section 58(2) broadcast or cable programme communication work
39: Use of recording of spoken words in certain cases
1: Section 68(1)(b) broadcasting or including in a cable programme service communicating to the public
2: Section 68(2)(a) broadcast or cable programme communication work
40: Provision of Braille copies of literary or dramatic works
Section 69(1) or communicate make
41: Public reading or recitation
Section 70
2: Copyright in a work is not infringed by the making of a sound recording, or the communication to the public, of a reading or recitation that under subsection (1) is not treated as a performance in public, if the recording or communication work consists mainly of material in relation to which it is not necessary to rely on that subsection.
42: Representation of certain artistic works on public display
1: Section 73(2)
c: communicating to the public a visual image of the work.
2: Section 73
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 copyright.
43: New sections 80A to 80D inserted
The following sections are inserted after section 80
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 program by decompiling it, if the conditions in subsection (2) are met.
2: The conditions referred to in subsection (1) are that—
a: decompilation is necessary to obtain information necessary for the objective of creating an independent program that can be operated with the program decompiled or with another program; and
b: the information obtained from the decompilation is not used for any purpose other than the objective referred to in paragraph (a).
3: In particular, the conditions in subsection (2) are not met if—
a: the information necessary to create the independent program is readily available to the lawful user without decompiling the computer program; or
b: the lawful user does not confine decompilation of the computer program strictly to the steps that are necessary to create an independent program; or
c: the lawful user gives the information obtained from decompiling the computer program to any person when it is not necessary for creating an independent program to do so; or
d: the lawful user uses the information obtained from decompiling the computer program to create a program that is substantially similar in its expression to the program that has been decompiled; or
e: the lawful user uses the information obtained from decompiling the computer program to do any act that is restricted by copyright.
4: In this section, decompile
a: to convert a computer program expressed in a low level language into a version expressed in a higher level language; or
b: to copy the program as a necessary incident of converting it into that version.
80B: Copying or adapting computer program if necessary for lawful use
1: The lawful user of a computer program ( A
a: copying or adapting it is necessary for A’s lawful use of the program (for example, to correct an error in the program); and
b: a properly functioning and error-free copy of the program is not available to A within a reasonable time at an ordinary commercial price.
2: This section does not apply to copying or adapting that is permitted under section 80A or 80C
80C: Observing, studying, or testing of computer program
The lawful user of a computer program ( A
80D: Certain contractual terms relating to use of computer programs have no effect
A term or condition in an agreement for the use of a computer program has no effect in so far as it prohibits or restricts any activity undertaken in accordance with section 80A(2) or 80B(1)
44: New section 81A inserted
The following section is inserted after section 81
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:
a: the sound recording is not a communication work or part of a communication work; and
b: the copy is made from a sound recording that is not an infringing copy; and
c: the sound recording is not borrowed or hired; and
d: the copy is made by the owner of the sound recording; and
e: that owner acquired the sound recording legitimately; and
f: the copy is used only for that owner’s personal use or the personal use of a member of the household in which the owner lives or both; and
g: no more than 1 copy is made for each device for playing sound recordings that is owned by the owner of the sound recording; and
h: the owner of the sound recording retains the ownership of both the sound recording and of any copy that is made under this section.
2: For the avoidance of doubt, subsection (1) does not apply if the owner of the sound recording is bound by a contract that specifies the circumstances in which the sound recording may be copied.
45: New heading and new sections 82 to 84 substituted
Sections 82 84 Communication works
82: Recording for purposes of maintaining standards in programmes
The author of a communication work does not infringe copyright in it, or in any work included in it, by recording it, if the recording is made and used solely for the purpose of checking on the maintenance of standards in communication works made by the author.
83: Recording for purposes of complaining
1: A person ( A
2: However, subsection (1) does not apply, and A does infringe copyright in the communication work recorded and in any work included in the recording, if A retains the recording for any longer than is reasonably necessary to prepare and despatch the complaint.
3: If a person infringes copyright under subsection (2), the recording is treated as an infringing copy.
4: In this section and in section 84 complaint authority
84: Recording for purposes of time shifting
1: A person ( A
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 or listening to the recording at a more convenient time; and
c: the recording is not made from an on-demand service; and
d: A has lawful access to the communication work at the time of making the recording.
2: However, subsection (1) does not apply, and A does infringe 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 necessary for viewing or listening to the recording at a more convenient time; or
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 complaint.
3: If a person infringes copyright under subsection (2), the 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 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 are infringing copies.
46: Incidental recording for purposes of broadcast or cable programme
1: The heading to section 85 broadcast or cable programme communication
2: Section 85
1: This section applies where, under an assignment or a licence, a person is authorised to communicate the following works to the public:
a: a literary, dramatic, or musical work, or an adaptation of that work; or
b: an artistic work; or
c: a sound recording or film.
3: Section 85(2) broadcast or cable programme communication work
4: Section 85(3)(b) broadcasting the work or, as the case may be, including the work in a cable programme communicating the work to the public
47: Section 86 repealed
Section 86
48: New sections 87 to 87B substituted
Section 48 repealed 16 September 2011 section 5(2) Copyright Amendment Act 2011
49: Reception and retransmission of broadcast in cable programme service
Section 88
4: For the purposes of this section only,—
a: sections 3 and 4 of this Act before repeal by the Copyright (New Technologies) Amendment Act 2008 continue to apply as if they had not been repealed and as if references in those provisions to ‘this Act’ were references to this section; and
b: the definition of broadcast in section 2(1) of this Act before repeal by the Copyright (New Technologies) Amendment Act 2008 continues to apply as if that definition had not been repealed.
50: New section 89 substituted
Section 89
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 hearing, 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 to the public, without infringing any copyright in the communication work or in any work included in the communication work.
2: A body must not be prescribed for the purposes of subsection (1) if it is established or conducted for profit.
51: Recording for archival purposes
Section 90
1: A person ( A
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 placing it in an archive maintained by a body prescribed by regulations made under this Act.
52: Recording by media monitors
1: Section 91
1: This section applies to a recording, or a transcript of a recording, of a communication work that consists wholly or substantially 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 subsection (2) are complied with.
2: Section 91(2) subsection (1) subsection (1A)
3: Section 91(4) broadcasts or cable programmes the communication work
53: New heading and new sections 92A to 92E inserted
The following heading and sections are inserted after section 92 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 implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.
2: In subsection (1), repeat infringer
92B: Internet service provider liability if user infringes copyright
1: This section applies if a person ( A
2: Merely because A uses the Internet services of the Internet service provider in infringing the copyright, the Internet service provider, without more,—
a: does not infringe the copyright in the work:
b: must not be taken to have authorised A’s infringement of copyright in the work:
c: subject to subsection (3), must not be subject to any civil remedy or criminal sanction.
3: However, nothing in this section limits the right of the copyright owner to injunctive relief in relation to A’s infringement or any infringement by the Internet service provider.
4: In subsections (1) and (2), Internet services section 2(1)
92C: Internet service provider liability for storing infringing material
1: This section applies if—
a: an Internet service provider stores material provided by a user of the service; and
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—
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 aware of the infringing material, delete the material or prevent access to it; or
b: the user of the service who provided the material is acting on behalf of, or at the direction of, the Internet service provider.
3: A court, in determining whether, for the purposes of subsection (2), 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 relation to the infringement.
4: 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 the material has been deleted or access to it prevented.
5: 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.
92D: Requirements for notice of infringement
A notice referred to in section 92C(3)
a: contain the information prescribed by regulations made under this Act; and
b: be signed by the copyright owner or the copyright owner’s duly authorised agent.
92E: 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: does not modify the material; and
b: complies with any conditions imposed by the copyright owner of the material for access to that material; and
c: does not interfere with the lawful use of technology to obtain data on the use of the material; and
d: updates the material in accordance with reasonable industry practice.
2: However, an Internet service provider does infringe copyright 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; or
b: access to the material at its original source has been prevented; or
c: a court has ordered that the material be deleted from its original source or that access to the material at its original source be prevented.
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.
4: In this section,— cache
a: controlled through an automated process; and
b: temporary; and
c: for the sole purpose of enabling the Internet service provider to transmit the material more efficiently to other users of the service on their request original source
54: Subsequent dealings with copies made under this Part
Section 93
2: The provisions referred to in subsection (1) are as follows:
a: section 43A
b: section 44 (which relates to copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements):
c: section 44A
d: section 45 (which relates to copying for educational purposes of films and sound recordings):
e: section 48
f: section 49 (which relates to things done for the purposes of an examination):
g: section 51 (which relates to copying by librarians of parts of published works):
h: section 52 (which relates to copying by librarians of articles in periodicals):
i: section 53 (which relates to copying by librarians for users of other libraries):
j: section 55 (which relates to copying by librarians or archivists to replace copies of works):
k: section 56 (which relates to copying by librarians or archivists of certain unpublished works):
l: sections 56A to 56C
m: section 58 (which relates to copying by the Parliamentary Library for members of Parliament):
n: section 69 (which relates to the provision of Braille copies of literary or dramatic works):
o: section 80A
p: section 80B
q: section 81A
r: section 83 (which relates to recording for the purposes of complaining):
s: section 84
t: section 90 (which relates to recording for archival purposes):
u: section 92C
v: section 92E
55: Right to be identified as author or director
1: Section 94(2)(a) broadcast, or included in a cable programme or communicated to the public
2: Section 94(6)(b) broadcast or included in a cable programme communicated to the public
3: Section 94(8)
a: the film is shown in public or communicated to the public; or .
56: Content of right to be identified
Section 95(1)(c) broadcast, cable programme communication work
57: Exceptions to right to be identified
1: Section 97
3: The right is not infringed by an act that, under any of the following provisions of this Act, would not infringe copyright in the work:
a: section 41 (which relates to incidental copying of a work):
b: section 42 (which relates to criticism, review, and news reporting):
c: section 43A
d: section 49 (which relates to things done for the purposes of an examination):
e: section 59 (which relates to parliamentary and judicial proceedings):
f: section 60 (which relates to Royal commissions and statutory inquiries):
g: section 67 (which relates to acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works):
h: section 81A
2: Section 97(8)
b: a part of a film, if that part—
i: appears incidentally in another film, or is included in a communication work; and
ii: is not a substantial part of the film.
58: Content of right to object to derogatory treatment
1: Section 99(1)(a) broadcasts, or includes in a cable programme or communicates to the public
2: Section 99(2)(a) broadcasts or includes in a cable programme communicates to the public
3: Section 99(4)
a: shows in public, or communicates to the public, a derogatory treatment of the film; or .
4: Section 99(4)(c)
i: plays in public or communicates to the public; or .
59: Exceptions to right to object to derogatory treatment of films
1: Section 101(3)
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— .
2: Section 101
6: The right is not infringed, in relation to the communication of a film to the public, if the person ( A
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 be shown in particular time periods; or
ii: fit the film into the time scheduled to show it; or
b: communicates the film in separate parts because of its length; or
c: uses a clip of a film in an advertisement for the showing of the film.
60: False attribution of identity of author or director
Section 102
4: A person ( A
a: A performs a literary, dramatic, or musical work in public, or shows a film to the public, or communicates the work or film to the public; and
b: the work or film is accompanied by a false attribution; and
c: A knows or has reason to believe that the attribution is false.
61: False representation as to literary, dramatic, or musical work
Section 103
4: A person ( A
62: Right to privacy of certain photographs and films
1: Section 105(1)
c: not to have the work communicated to the public.
2: Section 105(3)(a) broadcast or cable programme or communication work
63: New sections 112 to 112B substituted
The principal Act is amended by repealing section 112
112: Warranty implied in certain licences
1: This section applies to a licence that has been granted for—
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
b: 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 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
b: authorised to grant the licence by the copyright owner.
112A: Damages for falsely claiming copyright ownership or licence
1: This section applies if—
a: a person ( A
b: A has threatened or commenced proceedings for preventing, or claiming damages in respect of, a performance or communication to the public of the work, sound recording, or film (which in this section is called the event
c: as a result of the threat or commencement of proceedings, the event has not taken place.
2: A court may award damages to compensate any of the following 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:
b: in the case of the commencement of proceedings, a defendant:
c: any other person interested in the event.
112B: Provisions of sections 112 and 112A to have effect no matter what licence says
The provisions of sections 112 and 112A
2: Amendments to Parts 6 to 11 of Copyright Act 1994
64: Presumptions relevant to computer programs, sound recordings, and films
1: Section 128(5) public, broadcast, or included in a cable programme public or communicated to the public
2: Section 128(6) public, broadcast, or included in a cable programme public or communicated to the public
65: Unjustified proceedings
Section 130(1) or a contravention of section 226A copyright
66: Criminal liability for making or dealing with infringing objects
Section 131(4) broadcast or cable programme communication work
67: Works of more than one author
Section 147
2: In subsection (1), group of companies
68: Licensing schemes to which sections 149 to 155 apply
1: Section 148(a)
iv: relate to licences for copying the work or performing, showing, or playing the work in public or communicating the work to the public: .
2: Section 148(b) broadcasts, or cable programmes communication works
3: Section 148(d)
iii: recording in the circumstances set out in sections 48(1) and 91(2);— .
69: Licences to which sections 157 to 160 apply
1: Section 156(a)
iii: authorise the copying of the work or the performance, showing, or playing of the work in public or the communication of the work to the public: .
2: Section 156(b) broadcast, or cable programme communication work
70: New section 163 substituted
The principal Act is amended by repealing section 163
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 purposes.
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 included in the communication work have already received, or are entitled to receive, payment in respect of their inclusion.
71: Licences to reflect conditions imposed by promoters of events
1: Section 164(1) broadcast, or cable programme or communication work
2: Section 164(2)(b) broadcast, or cable programme or communication work
72: Licences to reflect payments in respect of underlying rights
Section 165(2)
a: omitting broadcasts, or cable programmes or communication works
b: omitting broadcast, or cable programme or communication work
73: Licences in respect of works included in retransmissions
Section 166
1: This section applies to applications under this Part in relation to licences to include literary, dramatic, musical, or artistic works or sound recordings or films in a communication work when one communication work (in this section referred to as the first transmission further transmission
74: Determination of equitable remuneration
Section 168(1)(e) broadcast or cable programme communication work
75: Interpretation
1: Paragraph (d) of the definition of commercial exploitation section 169
d: communicating recordings or copies of recordings to the public .
2: Paragraph (b) of the definition of recording section 169 broadcast of, or a cable programme that includes, communication work that includes
76: Application
Section 170(4)(a) broadcast or cable programme communication work
77: Consent required for recording or live transmission of performance
Section 171(1)
b: communicates live to the public the whole or any substantial part of a performance.
78: New section 172 substituted
Section 172
172: Infringement by use of recording made without performer’s consent
A person ( A
a: without the performer’s consent and by means of a recording, A shows in public, plays in public, or communicates to the public the whole or a substantial part of a performance; and
b: the recording was made without the performer’s consent; and
c: A knows or has reason to believe that the recording was made without the performer’s consent.
79: Incidental inclusion of performance or recording
Section 175
1: The rights conferred by this Part are not infringed by—
a: the incidental inclusion of a performance or recording in a sound recording, film, or communication work; or
b: the playing of a sound recording, the showing of a film, or the making of a communication work, where the performance or sound recording has been incidentally included in that sound recording, film, or communication work; or
c: the issue to the public of copies of a sound recording, film, or communication work in which a performance or recording has been incidentally included.
80: New section 175A inserted
The following section is inserted after section 175
175A: Transient reproduction of recording of performance
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: is transient or incidental; and
b: is a necessary part of a technological process for the viewing of, or listening to, the recording by a member of the public to whom the recording is lawfully made available; and
c: has no independent economic significance.
81: Playing or showing sound recording, film, broadcast, or cable programme at educational establishment
1: The heading to section 178 broadcast, or cable programme or communication work
2: Section 178(1) broadcast, or cable programme or communication work
82: Recording of broadcasts and cable programmes by educational establishment
1: The heading to section 179 broadcasts and cable programmes communication works
2: Section 179 broadcast or cable programme communication work
83: Use of recordings of spoken works in certain cases
1: Section 184
1: 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—
a: it was made for the purpose of—
i: reporting current events; or
ii: communicating all or part of the reading or recitation to the public; and
b: the conditions in subsection (2) are complied with.
2: Section 184(2)(a) broadcast or cable programme communication work
84: New section 187 substituted
Section 187
187: Incidental recording for purposes of communication work
1: A person who proposes to communicate a recording of a performance 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) are complied with.
2: The conditions referred to in subsection (1) are that the further 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 communicated to the public, unless the Minister has authorised the preservation of the recording in the records of a government department or in the national archives because of its documentary character or exceptional importance.
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 subsection (2)(a); and
b: for all purposes after either of the conditions in subsection (2) is broken.
85: New sections 188 to 188B substituted
Section 85 repealed 16 September 2011 section 13(2) Copyright Amendment Act 2011
86: Section 189 repealed
Section 189
87: New section 190 substituted
Section 190
190: Provision of subtitled copies of communication work
1: A prescribed body that makes a recording of a communication work for the purpose of providing people who are deaf 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 (1) if it is established or conducted for profit.
88: New section 191 substituted
Section 191
191: Recording of communication work for archival purposes
1: Any person ( A
a: the communication work falls within a prescribed class; and
b: A makes the recording or the copy for the purpose of it being placed in an archive maintained by a prescribed body.
2: A body must not be prescribed for the purposes of subsection (1) if it is established or conducted for profit.
89: Criminal liability for making, dealing with, using, or copying illicit recordings
Section 198(2)
b: communicated to the public.
90: New heading and new sections 226 to 226J substituted
Section 226 Technological protection measures
226: Definitions of TPM terms
In sections 226A to 226E TPM technological protection measure
a: means any process, treatment, mechanism, device, or system that in the normal course of its operation prevents or inhibits the infringement of copyright in a TPM work; but
b: 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 controls any access to a work for non-infringing purposes (for example, it does not include a process, treatment, mechanism, device, or system to the extent that it controls geographic market segmentation by preventing the playback in New Zealand of a non-infringing copy of a work) TPM circumvention device
a: is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of a technological protection measure; and
b: has only limited commercially significant application except for its use in circumventing a technological protection measure TPM work
226A: Prohibited conduct in relation to technological protection measure
1: A person ( A
2: A person ( A B
a: A intends the service to enable or assist B to circumvent a technological protection measure; and
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.
3: A person ( A
226B: Rights of issuer of TPM work
1: This section applies if a TPM work is issued to the public by, or under licence from, the copyright owner.
2: The issuer of the TPM work has the same rights against a person who contravenes section 226A
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) apply in relation to proceedings under this section.
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 (3).
226C: Offence of contravening section 226A
1: A person ( A
2: A person ( A B
a: A intends the service to enable or assist B to circumvent 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.
3: A person ( A
4: A person who commits an offence under this section is liable on conviction on indictment to a fine not exceeding $150,000 or a term of imprisonment not exceeding 5 years or both.
226D: When rights of issuer of TPM work do not apply
1: The rights that the issuer of a TPM work has under section 226B
2: The rights that the issuer of a TPM work has under section 226B
a: a qualified person to exercise a permitted act under Part 3 using a TPM circumvention device on behalf of the user of a TPM work; or
b: a person referred to in section 226E(3)
3: In this section and in section 226E qualified person
a: the librarian of a prescribed library; or
b: the archivist of an archive; or
c: an educational establishment; or
d: any other person specified by the Governor-General by Order in Council on the recommendation of the Minister.
4: A qualified person must not be supplied with a TPM circumvention device on behalf of a user unless the qualified person has first made a declaration to the supplier in the prescribed form.
5: In this section,— archive archivist encryption technology librarian prescribed library
6: In this section and in section 226E encryption research
226E: User’s options if prevented from exercising permitted 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.
2: The user of a TPM work who wishes to exercise a permitted 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:
b: engage a qualified person ( see section 226D(3)
3: Nothing in this Act prevents any person from using a TPM circumvention device to undertake encryption research if that person—
a: is either—
i: engaged in a course of study at an educational establishment in the field of encryption technology; or
ii: employed, trained, or experienced in the field of encryption technology; and
b: has either—
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 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 general expenses. Copyright management information
226F: Meaning of copyright management information
In sections 226G, 226H, and 226J CMI copyright management information
a: identifies the work, and its author or copyright owner; or
b: identifies or indicates some or all of the terms and conditions for using the work, or indicates that the use of the work is subject to terms and conditions.
226G: Interference with CMI prohibited
1: A person ( A
2: However, subsection (1) does not apply if—
a: A has the authority of the copyright owner or the exclusive licensee to remove or modify the copyright management information; or
b: A does not know, and has no reason to believe, that the 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
2: However, subsection (1) does not apply if—
a: A has the authority of the copyright owner or the exclusive licensee to remove or modify the copyright management information; or
b: A does not know, and has no reason to believe, that the removal or modification will induce, enable, facilitate, 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 embodied in, the copy has been removed or modified without 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 226G or 226H
226J: Offence of dealing in work subject to CMI interference
1: A person ( A section 226H
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, facilitate, or conceal an infringement of the copyright in the work.
2: A person who commits an offence under subsection (1) is liable on conviction on indictment to a fine not exceeding $150,000 or a term of imprisonment not exceeding 5 years or both.
91: Offence of fraudulently receiving programmes
Section 227(1) broadcasting service or cable programme service communication work
92: Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions
Section 228(1)(b) broadcasting service or cable programme service communication work
93: Supplementary provisions as to fraudulent reception
1: Section 229(2) broadcasting services or cable programme services communication works
2: Section 229(3) broadcasting service or cable programme service communication work
94: Application to Convention countries
Section 230(1)
d: apply in relation to communication works communicated from any Convention country as they apply in relation to communication works communicated from New Zealand,— .
95: Application of Act (other than Part 9) to other entities
Section 232(2)
d: it applies to communication works communicated from any Convention country as it applies to communication works communicated from New Zealand.
96: Regulations
1: Section 234(e) broadcasts or cable programmes communication works
2: Section 234
ea: prescribing the form of a notice of infringement for the purposes of section 92D .