Offences

131 Criminal liability for making or dealing with infringing objects

(1)

Every person commits an offence against this section who, other than pursuant to a copyright licence,—

(a)

makes for sale or hire; or

(b)

imports into New Zealand otherwise than for that person’s private and domestic use; or

(c)

possesses in the course of a business with a view to committing any act infringing the copyright; or

(d)

in the course of a business,—

(i)

offers or exposes for sale or hire; or

(ii)

exhibits in public; or

(iii)

distributes; or

(e)

in the course of a business or otherwise, sells or lets for hire; or

(f)

distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner—

an object that is, and that the person knows is, an infringing copy of a copyright work.

(2)

Every person commits an offence against this section who—

(a)

makes an object specifically designed or adapted for making copies of a particular copyright work; or

(b)

has such an object in that person’s possession,—

knowing that the object is to be used to make infringing copies for sale or hire or for use in the course of a business.

(3)

Subject to subsection (4), every person commits an offence against this section who—

(a)

causes a literary, dramatic, or musical work to be performed, where that performance infringes copyright in that work; or

(b)

causes a sound recording or film to be played in public or shown in public, where that playing or showing infringes copyright in that sound recording or film,—

knowing that copyright in the work or, as the case requires, the sound recording or film would be infringed by that performance or, as the case requires, that playing or that showing.

(4)

Nothing in subsection (3) applies in respect of infringement of copyright by the reception of a communication work.

(5)

Every person who commits an offence against this section is liable on conviction—

(a)

in the case of an offence against subsection (1), to a fine not exceeding $10,000 for every infringing copy to which the offence relates, but not exceeding $150,000 in respect of the same transaction, or to imprisonment for a term not exceeding 5 years:

(b)

in the case of an offence against subsection (2) or subsection (3), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 5 years.

(6)

Where any person is convicted of an offence against this section in circumstances where that offence involves the making of profit or gain, that offence shall be deemed to have caused a loss of property for the purposes of section 32(1)(a) of the Sentencing Act 2002, and the provisions of that Act relating to the imposition of the sentence of reparation shall apply accordingly.

(7)

Sections 126 to 129 (which relate to presumptions) do not apply to proceedings for an offence against this section.

(8)

[Repealed]

Compare: 1962 No 33 s 28(1)–(3), (5); 1990 No 71 s 3; Copyright, Designs and Patents Act 1988 s 107 (UK)

Section 131(4): amended, on 31 October 2008, by section 66 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 131(5): substituted, on 19 May 1998, by section 6(1) of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).

Section 131(5): amended, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).

Section 131(5)(a): amended, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).

Section 131(5)(b): amended, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).

Section 131(6): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 131(8): repealed, on 19 May 1998, by section 6(2) of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).