Technological protection measures

  • Heading: substituted, on 31 October 2008, by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

226 Definitions of TPM terms
  • In sections 226A to 226E, unless the context otherwise requires,—

    TPM or 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 means a device or means that—

    • (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 means a copyright work that is protected by a technological protection measure.

    Section 226: substituted, on 31 October 2008, by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).