Secondary infringement of copyright

35 Infringement by importation

(1)

A person infringes copyright in a work if—

(a)

that person imports into New Zealand an object that is an infringing copy of the work and,—

(i)

in the case of a work that is a sound recording, film, or computer program to which subsection (6) applies, that person knows or ought reasonably to know that the object is an infringing copy; or

(ii)

in the case of other works, that person knows or has reason to believe that the object is an infringing copy; and

(b)

the object was imported into New Zealand without a copyright licence; and

(c)

the object was imported into New Zealand other than for that person’s private and domestic use.

(2)

In civil proceedings for infringement of copyright under subsection (1), in the case of a work that is a sound recording, film, or computer program to which subsection (6) applies,—

(a)

an object is presumed to be an infringing copy in the absence of evidence to the contrary; and

(b)

the court must not require any person to disclose any information concerning the sources of supply of the object if it appears to the court that it is unreasonable to do so.

(3)

[Repealed]

(4)

[Repealed]

(5)

Subsections (3) and (4) are repealed on 31 October 2016.

(6)

This subsection applies to the following sound recordings, films, and computer programs:

(a)

a sound recording stored in a material form that is separate from any device or apparatus capable of playing sound recordings:

(b)

a film produced principally for cinematic release, or a copy of that film, or a copy of a substantial part of that film:

(c)

a computer program stored in a material form that is separate from any device or apparatus capable of executing computer programs.

Section 35: substituted, on 31 October 2003, by section 4 of the Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003 (2003 No 111).

Section 35(1)(c): amended, on 31 October 2008, by section 19(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 35(3): repealed, on 31 October 2016, by section 35(5).

Section 35(4): repealed, on 31 October 2016, by section 35(5).

Section 35(5): substituted, on 12 April 2008, by section 19(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 35(5): amended, on 31 October 2013, by section 4(2) of the Copyright (Parallel Importing of Films) Amendment Act 2013 (2013 No 86).