2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

adaptation,—

(a)

in relation to a literary or dramatic work, includes—

(i)

a translation of the work from one language to another:

(ii)

a version of a dramatic work in which it is converted into a literary work or, as the case may be, of a literary work in which it is converted into a dramatic work:

(iii)

a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine, or similar periodical:

(b)

in relation to a literary work that is a computer program, includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code, otherwise than incidentally in the course of running the program:

(c)

in relation to a musical work, means an arrangement or transcription of the work

Archives New Zealand has the same meaning as in section 4 of the Public Records Act 2005

article, in relation to an article in a periodical, includes an item of any description

artistic work

(a)

means—

(i)

a graphic work, photograph, sculpture, collage, or model, irrespective of artistic quality; or

(ii)

a work of architecture, being a building or a model for a building; or

(iii)

a work of artistic craftsmanship, not falling within subparagraph (i) or subparagraph (ii); but

(b)

does not include a layout design or an integrated circuit within the meaning of section 2 of the Layout Designs Act 1994

authorised, with respect to anything done in relation to a work, means done—

(a)

by or with the licence of the copyright owner; or

(b)

pursuant to section 62

building includes—

(a)

any fixed structure; and

(b)

a part of a building or fixed structure

business includes a trade or profession

chief executive,—

(a)

for the purposes of Part 6A, means the chief executive of the Ministry; and

(b)

for the purposes of Part 7, has the meaning set out in section 135

CMI or copyright management information has the meaning given to it in section 226F

collective work means—

(a)

a work of joint authorship; or

(b)

a work in which there are distinct contributions by different authors or in which works, or parts of works, of different authors are incorporated

communicate means to transmit or make available by means of a communication technology, including by means of a telecommunications system or electronic retrieval system, and communication has a corresponding meaning

communication work means a transmission of sounds, visual images, or other information, or a combination of any of those, for reception by members of the public, and includes a broadcast or a cable programme

compilation includes—

(a)

a compilation consisting wholly of works or parts of works; and

(b)

a compilation consisting partly of works or parts of works; and

(c)

a compilation of data other than works or parts of works

computer-generated, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work

convention country, except in Part 9, means an entity that is a party to an international agreement or arrangement relating to copyright

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

(b)
[Repealed]

(c)

includes, in relation to an artistic work, the making of a copy in 3 dimensions of a two-dimensional work and the making of a copy in 2 dimensions of a three-dimensional work; and

(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—

and copy and copies have corresponding meanings

copyright licence means a licence to do, or authorise the doing of, any restricted act

copyright work means a work of any of the descriptions in section 14(1) in which copyright exists

country includes every territory for whose international relations the Government of that country is responsible

Crown

(a)

means Her Majesty the Queen in right of New Zealand; and

(b)

includes a Minister of the Crown, a government department, an Office of Parliament, and the Parliamentary Counsel Office; but

(c)

does not include—

(i)

a Crown entity; or

(ii)

a State enterprise named in Schedule 1 of the State-Owned Enterprises Act 1986

Crown entity has the same meaning as it has in section 2(1) of the Public Finance Act 1989

director, in relation to a copyright work that is a film, includes any person nominated by the director of the film to exercise the director’s rights under Part 4 if—

(a)

the nomination is in writing and signed by the director; and

(b)

the nomination is made before the completion of the making of the film; and

(c)

the person nominated makes a creative contribution to the making of the film

document, for the purposes of Part 6A and sections 144A and 144C to 144E, means—

(a)

any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds, or from which symbols, images, or sounds can be derived, and includes—

(i)

a label, marking, or other writing that identifies or describes a thing of which it forms part, or to which it is attached:

(ii)

a book, map, plan, graph, or drawing:

(iii)

a photograph, film, or negative; and

(b)

information electronically recorded or stored, and information derived from that information

dramatic work includes—

(a)

a work of dance or mime; and

(b)

a scenario or script for a film

educational establishment means—

(a)
(b)

any—

(i)

special school; or

(ii)

special class; or

(iii)

special clinic; or

(iv)

special service—

established under section 98(1) of the Education Act 1964:

(c)

any special institution within the meaning of section 92(1) of the Education Act 1989:

(d)

any early childhood service within the meaning of section 309 of the Education Act 1989:

(e)

any—

(i)

institution; or

(ii)

private training establishment; or

(iii)

government training establishment—

within the meaning of section 159(1) of the Education Act 1989, that is not conducted for profit:

(f)

any body, or class of body, that is not conducted for profit and that is approved by the Minister of Education as an educational establishment for the purposes of this Act by a notice published in the Gazette

educational resource supplier means any person—

(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 and whose approval has not been revoked

electronic means actuated by electric, magnetic, electro-magnetic, electro-chemical, or electro-mechanical energy; and in electronic form means in a form usable only by electronic means

employed means employed under a contract of service or a contract of apprenticeship; and employee, employer, and employment have corresponding meanings

exclusive licence means a licence in writing, signed by or on behalf of a copyright owner, authorising the licensee, to the exclusion of all other persons (including the copyright owner), to exercise a right that would otherwise be exercisable exclusively by the copyright owner

facsimile copy includes a copy that is reduced or enlarged in scale

film means a recording on any medium from which a moving image may by any means be produced

future copyright means copyright that will or may come into existence in respect of a future work or a class of future work or on the occurrence of a future event

Government means the Executive Government of New Zealand

government department means any department or instrument of the Government, or any branch or division of any such department or instrument; but does not include—

(a)

a body corporate or other legal entity that has the power to contract:

(b)

an Office of Parliament:

(c)

Public Trust:

(d)

the Export Guarantee Office:

(e)

the Parliamentary Counsel Office

graphic work includes—

(a)

any painting, drawing, diagram, map, chart, or plan; and

(b)

any engraving, etching, lithograph, woodcut, print, or similar work

infringing copy has the meaning given by section 12

instruction means—

(a)

giving a lesson, either in person or by correspondence, to a student or a group of students, at an educational establishment or elsewhere; or

(b)

receiving a lesson, either in person or by correspondence and either alone or in a group of students, at an educational establishment or elsewhere

international organisation means an organisation the members of which include 1 or more States

Internet service provider means a person who does either or both of the following things:

(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

judicial proceedings includes—

(a)

proceedings before any court, tribunal, or person having authority to decide any matter affecting a person’s legal rights or liabilities; and

(b)

proceedings before any other body that is prescribed by regulations made under this Act as a judicial body for the purposes of this Act

lawful user, in relation to a computer program, means a person who has a right to use the program, whether under a copyright licence or otherwise

licensing body means a body of persons (whether corporate or unincorporate) that, as copyright owner or prospective copyright owner or as agent for a copyright owner,—

(a)

negotiates copyright licences; and

(b)

grants copyright licences, including licences that cover the works of more than 1 author

licensing scheme means a scheme setting out—

(a)

the classes of cases in which the operator of the scheme, or the person on whose behalf the operator acts, is willing to grant copyright licences; and

(b)

the terms on which copyright licences would be granted in those classes of cases;—

and for the purpose of this definition a scheme includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name

literary work means any work, other than a dramatic or musical work, that is written, spoken, or sung; and includes—

(a)

a table or compilation; and

(b)

a computer program

material time,—

(a)

in relation to a literary, dramatic, musical, or artistic work, means,—

(i)

in the case of an unpublished work, when the work is made or, if the making of the work extends over a period, a substantial part of that period; and

(ii)

in the case of a published work, when the work is first published or, if the author has died before that time, immediately before his or her death; and

(b)

in relation to a sound recording or film, means when the work is made or, if the making of the work extends over a period, a substantial part of that period; and

(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

(e)
[Repealed]

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Ministerial inquiry includes the proceedings of a committee set up by the Government or a Minister or Ministers to inquire into or advise on any matter

Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Act

musical work means a work consisting of music, exclusive of any words intended to be sung or spoken with the music or any actions intended to be performed with the music

New Zealand includes Tokelau

Office of Parliament means—

(a)

the Parliamentary Commissioner for the Environment (and that Commissioner’s office):

(b)

the Office of Ombudsmen:

(c)

the Auditor-General

(d)
[Repealed]

performance, except in Part 9,—

(a)

in the case of a literary work that is a lecture, address, speech, or sermon, includes delivery of that work; and

(b)

in general, includes any mode of visual or acoustic presentation of a literary, dramatic, musical, or artistic work, including presentation of the work by means of a sound recording, film, or communication work

photograph means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced; but does not include a film or part of a film

plate includes any stereotype, stone, block, mould, matrix, transfer, negative, or other similar appliance

prescribed foreign country means any country (other than New Zealand)—

(a)

to which section 230 applies; or

(b)

that is declared by Order in Council made under section 232 to be a foreign country to which any provision of this Act applies; and, with respect to the application of any provision of this Act to such a country, the provision shall be read subject to the terms of that Order in Council

proceedings includes a counterclaim; and references to the plaintiff and to the defendant in proceedings shall be construed accordingly

published edition means a published edition of the whole or any part of 1 or more literary, dramatic, or musical works

regulations includes instruments published under Part 2 of the Legislation Act 2012 or under any corresponding former enactment

rental means any arrangement under which a copy of a work is made available—

(a)

for payment (in money or money’s worth); or

(b)

in the course of a business, as part of services or amenities for which payment is made,—

on terms that it will or may be returned

reprographic copy means a copy made by a reprographic process; and reprographic copying has a corresponding meaning

reprographic process means a process—

(a)

for making facsimile copies; or

(b)

involving the use of an appliance for making multiple copies;—

and includes, in relation to a work held in electronic form, any copying by electronic means; but does not include the making of a film or sound recording

restricted act means any of the acts described in section 16

sculpture includes a cast or model made for purposes of sculpture

sound recording means—

(a)

a recording of sounds, from which the sounds may be reproduced; or

(b)

a recording of the whole or any part of a literary, dramatic, or musical work, from which sounds reproducing the work or part may be produced,—

regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced

statutory inquiry means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment

sufficient acknowledgement, in relation to a work, means an acknowledgement identifying—

(a)

the work by its title or other description; and

(b)

the author of the work, unless,—

(i)

in the case of a published work, it is published anonymously:

(ii)

in the case of an unpublished work, it is not possible by reasonable inquiry to ascertain the identity of the author

telecommunications system means a system for conveying visual images, sounds, or other information by electronic means

TPM or technological protection measure has the meaning given to it in section 226

TPM circumvention device has the meaning given to it in section 226

TPM work has the meaning given to it in section 226

transcript means a written record of words spoken on a recording

Tribunal means the Copyright Tribunal continued by section 205

unauthorised, with respect to anything done in relation to a work, means done otherwise than—

(a)

by or with the licence of the copyright owner; or

(b)

pursuant to section 62

wireless communication means the sending of electromagnetic energy over paths not provided by a material substance constructed or arranged for that purpose

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year

writing includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded; and written has a corresponding meaning.

(2)

References in this Act to the time at which a literary, dramatic, or musical work is made are to the time at which the work is recorded, in writing or otherwise.

Compare: 1962 No 33 ss 2(1), 3(6), 3(8), 17(1), 24(5), 26(9), 36(1); 1989 No 44 s 2; Copyright, Designs and Patents Act 1988 ss 1(2), 3(1), 3(2), 4, 5(1), 6(1), 8(1), 16(1), 19(2), 21(3), 21(4), 92(1), 178 (UK)

Section 2(1) Archives New Zealand: inserted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

Section 2(1) broadcast: repealed, on 31 October 2008, by section 4(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) chief executive: inserted, on 7 October 2011, by section 4 of the Copyright Amendment Act 2011 (2011 No 72).

Section 2(1) CMI or copyright management information: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) communicate: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) communication work: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) convention country: substituted, on 14 October 1999, by section 3(2) of the Copyright Amendment Act 1999 (1999 No 124).

Section 2(1) copying paragraph (a): substituted, on 31 October 2008, by section 4(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) copying paragraph (b): repealed, on 31 October 2008, by section 4(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) copying paragraph (d): substituted, on 31 October 2008, by section 4(4) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) Crown paragraph (b): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 2(1) document: inserted, on 7 October 2011, by section 4 of the Copyright Amendment Act 2011 (2011 No 72).

Section 2(1) educational establishment paragraph (d): substituted, on 1 December 2008, by section 60(1) of the Education Amendment Act 2006 (2006 No 19).

Section 2(1) educational resource supplier: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) government department paragraph (c): substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Section 2(1) government department paragraph (e): inserted, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 2(1) infringing copy: inserted, on 19 May 1998, by section 3 of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).

Section 2(1) Internet service provider: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) material time paragraph (c): substituted, on 31 October 2008, by section 4(5) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) material time paragraph (d): substituted, on 31 October 2008, by section 4(5) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) material time paragraph (e): repealed, on 31 October 2008, by section 4(5) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) Minister: substituted, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 2(1) Ministry: inserted, on 7 October 2011, by section 4 of the Copyright Amendment Act 2011 (2011 No 72).

Section 2(1) National Archives: repealed, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

Section 2(1) Office of Parliament paragraph (c): substituted, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

Section 2(1) Office of Parliament paragraph (d): repealed, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 2(1) performance paragraph (b): amended, on 31 October 2008, by section 4(6) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) regulations: replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 2(1) TPM or technological protection measure: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) TPM circumvention device: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) TPM work: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).