New Zealand Legislation: Acts

233 Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works

• (1) Whenever it appears to the Governor-General that the law of a country, other than a convention country, fails to give adequate protection to copyright in New Zealand works, or to 1 or more classes of such works, the Governor-General may by Order in Council make provision in accordance with this section restricting the rights conferred by this Act in relation to that country.

  (2) An Order in Council made under this section shall designate the country concerned and provide that, for the purposes specified in the order, works first published after a date specified in the order shall not be treated as qualifying for copyright by virtue of such publication if at that time the authors are—

  • (a) citizens or subjects of that country (not domiciled or resident in New Zealand); or

  • (b) bodies incorporated under the law of that country;—

  and the order may make such provision for all purposes of this Act or for such purposes as are specified in the order, and either generally or in relation to such classes of cases as are specified in the order, having regard to the nature and extent of the failure referred to in subsection (1).

  (3) An Order in Council under this section may be so made as to apply generally to a country, or to any territories for whose international relations the Government of that country is responsible, or to the country exclusive of all or any such territories.

  (4) In this section,—

  New Zealand works means works of which the author was at the material time a person to whom section 18 applied

  works means literary, dramatic, musical, and artistic works, sound recordings, and films.

  Compare: 1962 No 33 s 51; Copyright Act 1968 s 185 (Aust); Copyright, Designs and Patents Act 1988 s 160 (UK)