Copyright Act 1994

88 Reception and retransmission of broadcast in cable programme service

  • (1) This section applies where a broadcast made from a place in New Zealand is, by reception and immediate retransmission, included in a cable programme service.

    (2) Where this section applies,—

    • (a) copyright in the broadcast is not infringed if and to the extent that the broadcast—

      • (i) is made for reception in the area in which the cable programme service is provided; and

      • (ii) is not a satellite transmission or an encrypted transmission:

    • (b) copyright in any work included in the broadcast is not infringed if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided:

    • (c) where the making of the broadcast was an infringement of the copyright in any work included in the broadcast, the fact that the broadcast was retransmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.

    (3) This section does not apply if or to the extent that licences authorising the reception and immediate retransmission of a broadcast and any work included in the broadcast are available to the person providing the cable programme service under a licensing scheme and the person providing the cable programme service knew that fact.

    (4) For the purposes of this section only,—

    • (a) sections 3 and 4 of this Act before repeal by the Copyright (New Technologies) Amendment Act 2008 continue to apply as if they had not been repealed and as if references in those provisions to “this Act” were references to this section; and

    Compare: 1962 No 33 s 60; Copyright, Designs and Patents Act 1988 s 73 (UK)

    Section 88(4): added, on 31 October 2008, by section 49 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).