New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 October 2011
| Public Act | 1994 No 143 |
| Date of assent | 15 December 1994 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Economic Development.
1 Short Title and commencement
3 Associated definitions for communication works
4 Meaning of cable programme service, and associated definitions [Repealed]
6 Meaning of work of joint authorship
7 Meaning of unknown authorship
9 Meaning of issue to the public
11 Meaning of commercial publication
Part 1
Description, ownership, and duration of copyright
14 Copyright in original works
15 Recording necessary for some works
16 Acts restricted by copyright
17 Qualification for copyright
18 Qualification by reference to author
19 Qualification by reference to country of first publication
20 Qualification by reference to origin of communication work
21 First ownership of copyright
22 Duration of copyright in literary, dramatic, musical, or artistic works
23 Duration of copyright in sound recordings and films
24 Duration of copyright in communication works
25 Duration of copyright in typographical arrangement of published editions
27 No copyright in certain works
28 Copyright vesting in certain international organisations
Part 2
Infringement of copyright
Primary infringement of copyright
31 Infringement by issue of copies to public
32 Infringement by performance or playing or showing in public
33 Infringement by communicating to public
34 Infringement by making adaptation or act done in relation to adaptation
Secondary infringement of copyright
35 Infringement by importation
36 Possessing or dealing with infringing copy
37 Providing means for making infringing copies
38 Permitting use of premises for infringing performance
39 Provision of apparatus for infringing performance, etc
Part 3
Acts permitted in relation to copyright works
40 Provisions to be construed independently
41 Incidental copying of copyright work
42 Criticism, review, and news reporting
43A Transient reproduction of work
44 Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements
44A Storing copies for educational purposes
45 Copying for educational purposes of films and sound recordings
46 Anthologies for educational use
47 Performing, playing, or showing work in course of activities of educational establishment
48 Copying and communication of communication work for educational purposes
49 Things done for purposes of examination
51 Copying by librarians of parts of published works
52 Copying by librarians of articles in periodicals
53 Copying by librarians for users of other libraries
54 Copying by librarians for collections of other libraries
55 Copying by librarians or archivists to replace copies of works
56 Copying by librarians or archivists of certain unpublished works
56A Library or archive may communicate digital copy to authenticated users
56B Additional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56
56C Additional condition for making digital copies under section 53 or 54
57 Playing or showing sound recordings or films
57A Making archived works available for public viewing
58 Copying by Parliamentary Library for members of Parliament
59 Parliamentary and judicial proceedings
60 Royal commissions and statutory inquiries
61 Material open to public inspection or on official register
62 Material communicated to the Crown in course of public business
63 Use of copyright material for services of the Crown
64 Rights of third parties in respect of Crown use
65 Proceedings against the Crown
66 Acts done under statutory authority
Literary, dramatic, musical, or artistic works
67 Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works
68 Use of recording of spoken words in certain cases
69 Provision of Braille copies of literary or dramatic works
70 Public reading or recitation
71 Abstracts of scientific or technical articles
73 Representation of certain artistic works on public display
74 Special exception from protection of literary or artistic works
75 Special exception from protection of artistic work that has been applied industrially
76 Special exception from protection of literary and artistic works relating to medicines
77 Making of subsequent works by same artist
78 Reconstruction of buildings
Computer programs, sound recordings, and films
79 Rental by educational establishments and libraries
80 Back-up copy of computer program
80A Decompilation of computer program
80B Copying or adapting computer program if necessary for lawful use
80C Observing, studying, or testing of computer program
80D Certain contractual terms relating to use of computer programs have no effect
81 Playing of sound recordings for purposes of club, society, etc
81A Copying sound recording for personal use
82 Recording for purposes of maintaining standards in programmes
83 Recording for purposes of complaining
84 Recording for purposes of time shifting
85 Incidental recording for purposes of communication
86 Photographs of television broadcasts or cable programmes [Repealed]
87 Free public playing or showing of communication work
87A Free public playing or showing of communication work that is simultaneous with reception
87B Assessment of damages for infringement of copyright in sound recording or film
88 Reception and retransmission of broadcast in cable programme service
89 Provision of subtitled copies of communication work
90 Recording for archival purposes
91 Recording by media monitors
Internet service provider liability
92A Internet service provider must have policy for terminating accounts of repeat infringers [Repealed]
92B Internet service provider liability if user infringes copyright
92C Internet service provider liability for storing infringing material
92D Requirements for notice of infringement
92E Internet service provider does not infringe copyright by caching infringing material
93 Subsequent dealings with copies made under this Part
Right to be identified as author or director
94 Right to be identified as author or director
95 Content of right to be identified
97 Exceptions to right to be identified
Right to object to derogatory treatment of work
98 Right to object to derogatory treatment of work
99 Content of right to object to derogatory treatment
100 Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work
101 Exceptions to right to object to derogatory treatment of films
102 False attribution of identity of author or director
103 False representation as to literary, dramatic, or musical work
104 False representations as to artistic work
Right to privacy of certain photographs and films
105 Right to privacy of certain photographs and films
107 Consent and waiver of rights
108 Application of provisions to joint works other than films
109 Application of provisions to joint works that are films
110 Application of provisions to parts of works
Part 5
Dealing with rights in copyright works
Licences to deal with copyright works
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
115 Copyright to pass under will with unpublished works
117 Right to make conditions in respect of certain unpublished works
118 Moral rights not assignable
119 Transmission of moral rights on death
Part 6
Remedies for infringement
Rights and remedies of copyright owner
120 Infringement actionable by copyright owner
121 Provisions as to damages in infringement proceedings
122 Order for delivery up in civil proceedings
122A Interpretation for sections 122B to 122U
122B Overview of infringing file sharing regime
122C IPAPs to send infringement notices
122G Challenging infringement notices
122H Effect of challenge to, and cancellation of, infringement notice
122I Enforcement action after issue of enforcement notice
122L Decisions generally made on papers and without hearing
122N Infringement notice as evidence of copyright infringement
122O Tribunal order requiring payment to rights owner
122P Court order suspending account holder's account
122Q Order requiring IPAP to disclose account holder details
122R Suspension orders and orders under section 122Q not available until date set by Order in Council
122S Application of section 122C to cellular mobile networks
122U Fees payable by rights owners to IPAPs
Rights and remedies of exclusive licensee
123 Rights and remedies of exclusive licensee
124 Exercise of concurrent rights
Rights and remedies in relation to moral rights
125 Infringement of moral rights actionable
126 Presumptions relevant to literary, dramatic, musical, or artistic works
127 Presumptions relevant to certain artistic works
128 Presumptions relevant to computer programs, sound recordings, and films
129 Presumptions relevant to works subject to Crown copyright
131 Criminal liability for making or dealing with infringing objects
131A Time for laying information
132 Order for delivery up in criminal proceedings
133 Liability of officers of body corporate
Disposal of infringing copy or other object
134 Order as to disposal of infringing copy or other object
Appointment and functions of enforcement officers
134A Chief executive may appoint enforcement officers
134B Authority to act as enforcement officer
134C Functions of enforcement officer
Enforcement officer's power of entry and examination without warrant
134D Enforcement officer’s power of entry and examination without warrant
134E What enforcement officer and person assisting may do when exercising power of entry and examination without warrant
Entry and search under search warrant
134F Enforcement officer or member of Police may apply for search warrant
134G Application for search warrant
134H Mode of application for search warrant
134I Form and content of search warrant
134J Transmission of search warrant
134L When search warrant is executed
134M Powers of entry and search under warrant
134N Powers of persons called to assist
General provisions that apply to powers of entry and search and entry and examination
134O Application of sections 134P to 134S
134P Powers and duties of person exercising power of entry and search or power of entry and examination
134Q Inventory of things seized
134R Compliance with certain provisions may be deferred in certain circumstances
134S Further extension to, or dispensation from, obligation to comply with certain provisions
Provisions relating to things seized
134T Period things seized may be retained
134U Application for order to return things seized
134V Disposal of things seized
134W Disposal of perishable things
Other powers of enforcement officers
134X Enforcement officer may apply for production order
134Y Judge may order documents to be produced
134Z Powers of enforcement officer to whom documents produced
134ZA Offence of failing to comply with order to produce documents
134ZC Privilege against self-incrimination
134ZE Disclosure of information
134ZF No liability if functions performed or powers exercised in good faith
Part 7
Border protection measures
136 Notice may be given to chief executive
136A Chief executive may suspend accepted notice
136C Chief executive may reinstate accepted notice
136D Duration of accepted notice
137 Determination whether item is pirated copy
138 Limitations on requirement to supply information
141A Forfeiture of goods by consent
Enforcement powers of Customs officers
144 Customs officer may seize goods in control of Customs
144A Chief executive may require person to produce documents concerning goods in control of Customs
144B Chief executive may require person to appear and answer questions concerning goods in control of Customs
144C Customs officer may apply for production order
144D Judge may order documents to be produced
144E Powers of Customs officer to whom documents produced
144F Issue of search warrants to Customs officers
144G Privilege against self-incrimination
145 Delegation of powers, duties, and functions
146 Protection of persons acting under authority of Act
147 Works of more than 1 author
References and applications with respect to licensing schemes
148 Licensing schemes to which sections 149 to 155 apply
References with respect to licensing schemes
149 Reference of proposed licensing scheme to Tribunal
150 Reference of licensing scheme to Tribunal
151 Further reference of scheme to Tribunal
152 Effect of order of Tribunal made on reference
Applications with respect to licensing schemes
153 Application for grant of licence in connection with licensing scheme
154 Application for review of order as to entitlement to licence
155 Effect of order of Tribunal made on application
References and applications with respect to licensing by licensing bodies
156 Licences to which sections 157 to 160 apply
157 Reference to Tribunal of proposed licence
158 Reference to Tribunal of expiring licence
159 Application for review of order as to licence
160 Effect of order of Tribunal as to licence
Factors to be taken into account in certain classes of cases
161 Unreasonable discrimination
162 Licences for reprographic copying
163 Licences for educational establishments in respect of works included in communication works
164 Licences to reflect conditions imposed by promoters of events
165 Licences to reflect payments in respect of underlying rights
166 Licences in respect of works included in retransmissions
Implied indemnity in schemes or licences for reprographic copying
167 Implied indemnity in certain schemes and licences for reprographic copying
168 Determination of equitable remuneration
171 Consent required for recording or live transmission of performance
172 Infringement by use of recording made without performer’s consent
174 Infringement by importing, possessing, or dealing with illicit recording
Acts permitted in relation to performances
175 Incidental copying of performance or recording
175A Transient reproduction of recording of performance
176 Permitted acts in relation to performances, criticism, reviews, and news reporting
177 Things done for purposes of instruction or examination
178 Playing or showing sound recording, film, or communication work at educational establishment
179 Recording of communication works by educational establishment
181 Parliamentary and judicial proceedings
182 Royal commissions and statutory inquiries
183 Acts done under statutory authority
184 Use of recordings of spoken works in certain cases
186 Playing of sound recordings for purposes of club, society, etc
187 Incidental recording for purposes of communication work
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
189 Reception and retransmission of broadcast in cable programme service [Repealed]
190 Provision of subtitled copies of communication work
191 Recording of communication work for archival purposes
192 Power of Tribunal to give consent on behalf of performer
Duration and transmission of rights
196 Proceedings for infringement of performers' rights
197 Order for delivery up in civil proceedings
198 Criminal liability for making, dealing with, using, or copying illicit recordings
199 Order for delivery up in criminal proceedings
200 False representation of authority to give consent
201 Liability of officers of body corporate
202 Order as to disposal of illicit recording
Application to foreign countries
203 Application of this Part to convention countries [Repealed]
204 Application of Part 9 to other entities
207 Term of office of members of Tribunal
210 Remuneration and travelling allowances
215 Evidence in proceedings before Tribunal
220 Non-attendance or refusal to co-operate
223 Stating case for High Court
Part 11
Miscellaneous provisions
225 Rights and privileges under other enactments or common law
Technological protection measures
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
226I Contravention of section 226G or 226H
226J Offence of dealing in work subject to CMI interference
227 Offence of fraudulently receiving programmes
228 Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions
229 Supplementary provisions as to fraudulent reception
230 Application to convention countries
231 Expenditure or liability incurred in connection with copyright work
232 Application of Act (other than Part 9) to other entities
233 Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works
Transitional provisions and savings
235 Transitional provisions and savings
236 Consequential amendments and repeals
An Act to consolidate and amend the law relating to copyright
