New Zealand Legislation: Acts

21 New section 41 substituted

• Section 41 is repealed and the following section substituted:

  “41 Incidental copying of copyright work

  • “(1) Copyright in a work is not infringed by—

    • “(a) the incidental copying of the work in an artistic work, a sound recording, a film, or a communication work; or

    • “(b) the issue to the public of copies of an artistic work, the playing of a sound recording, the showing of a film, or the communication of a work to the public, in which a copyright work has been incidentally copied; or

    • “(c) the issue to the public of copies of a sound recording, film, or communication work to which paragraph (a) or (b) applies.

    “(2) For the purposes of subsection (1), a musical work, words spoken or sung with music, or so much of a sound recording or communication work as includes a musical work or those words, must not be regarded as incidentally copied in another work if the musical work or the words, sound recording, or communication work is deliberately copied.”