Copyright (New Technologies) Amendment Act 2008

Reprint as at 16 September 2011

Copyright (New Technologies) Amendment Act 2008

Public Act2008 No 27
Date of assent11 April 2008
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Economic Development.


Contents

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to Parts 1 to 5 of Copyright Act 1994

4 Interpretation

5 New section 3 substituted

6 Section 4 repealed

7 Meaning of author

8 Meaning of work of joint authorship

9 Meaning of publication

10 Meaning of infringing copy

11 Copyright in original works

12 Acts restricted by copyright

13 New section 20 substituted

14 Duration of copyright in literary, dramatic, musical, or artistic works

15 Duration of copyright in sound recordings and films

16 New section 24 substituted

17 Infringement by performance or playing or showing in public

18 New section 33 substituted

19 Infringement by importation

20 Providing means for making infringing copies

21 New section 41 substituted

22 Criticism, review, and news reporting

23 Research or private study

24 New section 43A inserted

25 Copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements

26 New section 44A inserted

27 Copying for educational purposes of films and sound recordings

28 Performing, playing, or showing work in course of activities of educational establishment

29 New section 48 substituted

30 Interpretation

31 Copying by librarians of parts of published works

32 Copying by librarians of articles in periodicals

33 Copying by librarians for users of other libraries

34 Copying by librarians for collections of other libraries

35 Copying by librarians or archivists to replace copies of works

36 Copying by librarians or archivists of certain unpublished works

37 New sections 56A to 56C inserted

38 Copying by Parliamentary Library for members of Parliament

39 Use of recording of spoken words in certain cases

40 Provision of Braille copies of literary or dramatic works

41 Public reading or recitation

42 Representation of certain artistic works on public display

43 New sections 80A to 80D inserted

44 New section 81A inserted

45 New heading and new sections 82 to 84 substituted

Communication works

46 Incidental recording for purposes of broadcast or cable programme

47 Section 86 repealed

48 New sections 87 to 87B substituted [Repealed]

49 Reception and retransmission of broadcast in cable programme service

50 New section 89 substituted

51 Recording for archival purposes

52 Recording by media monitors

53 New heading and new sections 92A to 92E inserted

Internet service provider liability

54 Subsequent dealings with copies made under this Part

55 Right to be identified as author or director

56 Content of right to be identified

57 Exceptions to right to be identified

58 Content of right to object to derogatory treatment

59 Exceptions to right to object to derogatory treatment of films

60 False attribution of identity of author or director

61 False representation as to literary, dramatic, or musical work

62 Right to privacy of certain photographs and films

63 New sections 112 to 112B substituted

Part 2
Amendments to Parts 6 to 11 of Copyright Act 1994

64 Presumptions relevant to computer programs, sound recordings, and films

65 Unjustified proceedings

66 Criminal liability for making or dealing with infringing objects

67 Works of more than one author

68 Licensing schemes to which sections 149 to 155 apply

69 Licences to which sections 157 to 160 apply

70 New section 163 substituted

71 Licences to reflect conditions imposed by promoters of events

72 Licences to reflect payments in respect of underlying rights

73 Licences in respect of works included in retransmissions

74 Determination of equitable remuneration

75 Interpretation

76 Application

77 Consent required for recording or live transmission of performance

78 New section 172 substituted

79 Incidental inclusion of performance or recording

80 New section 175A inserted

81 Playing or showing sound recording, film, broadcast, or cable programme at educational establishment

82 Recording of broadcasts and cable programmes by educational establishment

83 Use of recordings of spoken works in certain cases

84 New section 187 substituted

85 New sections 188 to 188B substituted [Repealed]

86 Section 189 repealed

87 New section 190 substituted

88 New section 191 substituted

89 Criminal liability for making, dealing with, using, or copying illicit recordings

90 New heading and new sections 226 to 226J substituted

Technological protection measures

Copyright management information

91 Offence of fraudulently receiving programmes

92 Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions

93 Supplementary provisions as to fraudulent reception

94 Application to Convention countries

95 Application of Act (other than Part 9) to other entities

96 Regulations

Reprint notes