New Zealand Legislation: Acts

9 Meaning of issue to the public

• (1) References in this Act to the issue of copies of a work to the public mean the act of putting into circulation copies not previously put into circulation; and do not include the acts of—

  • (a) Subsequent distribution or sale of those copies; or

  • (b) Subject to subsections (2) and (3) of this section, subsequent hiring or loan of those copies; or

  • (c) Subsequent importation of those copies into New Zealand; or

  • (d) Distribution of imported copies that are not infringing copies within the meaning of section 12 subsequent to their importation into New Zealand.

  (2) The issue of copies of a work to the public, in relation to computer programs, includes the rental of copies of computer programs to the public and rental subsequent to those works having been put into circulation; but does not include any such rental where—

  • (a) The computer program is incorporated into any other thing; and

  • (b) The rental of the computer program is not the principal purpose or one of the principal purposes of the rental; and

  • (c) The computer program cannot readily be copied by the hirer.

  (3) The issue of copies of a work to the public, in relation to sound recordings and films, includes the rental of copies of those works to the public and rental subsequent to those works having been put into circulation.

  Compare: Copyright, Designs and Patents Act 1988 (UK), s 18(2)

  Subsection (1)(c) was amended, as from 19 May 1998, by section 4 Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20) by inserting “; or”. See section 9 of that Act as to there being no compensation for diminution in rights attaching to copyright.

  Subsection (1)(d) was inserted, as from 19 May 1998, by section 4 Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20). See section 9 of that Act as to there being no compensation for diminution in rights attaching to copyright.

  Subsection (2) was amended, as from 31 October 2003, by section 3(1) Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003 (2003 No 111) by inserting “and rental subsequent to those works having been put into circulation” after “programs to the public”.

  Subsection (3) was amended, as from 31 October 2003, by section 3(2) Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003 (2003 No 111) by inserting “and rental subsequent to those works having been put into circulation”.