Copyright Act 1994

  • Warning: Some amendments have not yet been incorporated
  • This version was reprinted on 17 March 2016 to make corrections to sections 54, 134K(1), 135, 144A(2)(d) and 144B(2)(d) under section 25(1)(j)(i), (ii), and (iv) of the Legislation Act 2012.

Technological protection measures

Heading: substituted, on 31 October 2008, by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

226 Definitions of TPM terms

In sections 226A to 226E, unless the context otherwise requires,—

TPM or technological protection measure

(a)

means any process, treatment, mechanism, device, or system that in the normal course of its operation prevents or inhibits the infringement of copyright in a TPM work; but

(b)

for the avoidance of doubt, does not include a process, treatment, mechanism, device, or system to the extent that, in the normal course of operation, it only controls any access to a work for non-infringing purposes (for example, it does not include a process, treatment, mechanism, device, or system to the extent that it controls geographic market segmentation by preventing the playback in New Zealand of a non-infringing copy of a work)

TPM circumvention device means a device or means that—

(a)

is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of a technological protection measure; and

(b)

has only limited commercially significant application except for its use in circumventing a technological protection measure

TPM work means a copyright work that is protected by a technological protection measure.

Section 226: substituted, on 31 October 2008, by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).