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New Zealand Legislation: Bills

Bills are proposed Acts

Hon Judith Tizard

Copyright (New Technologies and Performers’ Rights) Amendment Bill

Government Bill

102—2

As reported from the Commerce Committee

Contents

2A Principal Act amended

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

3 Interpretation

4 New section 3 substituted

3 Associated definitions for purposes of communicating

5 Section 4 repealed

6 Meaning of author

7 Meaning of work of joint authorship

8 Meaning of publication

9 Meaning of infringing copy

10 Copyright in original works

11 Acts restricted by copyright

12 New section 20 substituted

20 Qualification by reference to origin of communication work

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

14 Duration of copyright in sound recordings and films

15 New section 24 substituted

24 Duration of copyright in communication works

16 Infringement by performance or playing or showing in public

17 New section 33 substituted

33 Infringement by communicating to public

18 Infringement by importation

19 Providing means for making infringing copies

20 New section 41 substituted

41 Incidental copying of copyright work

21 Criticism, review, and news reporting

22 Research or private study

23 New section 43A inserted

43A Transient reproduction of work

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

25 New section 44A inserted

44A Storing copies for educational purposes

26 Copying for educational purposes of films and sound recordings

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

28 New section 48 substituted

48 Educational establishment may copy and communicate communication work

29 Interpretation

30 Copying by librarians of parts of published works

31 Copying by librarians of articles in periodicals

32 Copying by librarians for users of other libraries

33 Copying by librarians for collections of other libraries

34 Copying by librarians or archivists to replace copies of works

35 Copying by librarians or archivists of certain unpublished works

36 New sections 56A to 56C inserted

~~56A Library or archive may allow access to work in digital format~~

56A Library or archive may communicate digital copy to authenticated users

56B Additional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56

~~56C Additional conditions for making digital copies under section 53 or section 54~~

56C Additional condition for making digital copies under section 53 or 54

~~37 New section 57A inserted~~

~~57A Retention and inspection of declaration~~

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 80C inserted

80A Decompilation of computer program

80B Copying or adapting computer program if necessary for lawful use

80BA Observing, studying, or testing of computer program

~~80C Certain contractual terms relating to use of computer programs have no effect~~

80C Certain contractual terms relating to use of computer programs have no effect

44 New section 81A inserted

81A Copying sound recording for personal use

45 New heading and new sections 82 to 84 substituted

Communication works

82 Recording for purposes of maintaining standards in programmes

83 Recording for purposes of complaining

84 Recording for purposes of time shifting

46 Incidental recording for purposes of broadcast or cable programme

47 Section 86 repealed

48 New sections 87 to 87B substituted

87 Free public playing or showing of communication work

87A Free public playing or showing of communication work that is simultaneous with reception

87B Assessment of damages for infringement of copyright in sound recording or film

50 New section 89 substituted

89 Provision of subtitled copies of communication work

51 Recording for archival purposes

52 Recording by media monitors

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

Internet service provider liability

92B Internet service provider liability if user infringes copyright

92C Internet service provider liability for storing infringing material

92CA Notice of infringement

92CB Offences in relation to notice of infringement

92D Internet service provider does not infringe copyright by caching infringing material

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

112 Warranty implied in certain licences

112A Damages for falsely claiming copyright ownership or licence

112B Provisions of sections 112 and 112A to have effect no matter what licence says

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

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

64A Unjustified proceedings

65 Criminal liability for making or dealing with infringing objects

66 Works of more than one author

67 Licensing schemes to which sections 149 to 155 apply

68 Licences to which sections 157 to 160 apply

69 New section 163 substituted

163 Licences for educational establishments in respect of works included in communication works

70 Licences to reflect conditions imposed by promoters of events

71 Licences to reflect payments in respect of underlying rights

72 Licences in respect of works included in retransmissions

73 Determination of equitable remuneration

74 Interpretation

76 Consent required for recording or live transmission of performance

77 New section 172 substituted

172 Infringement by use of recording made without performer’s consent

78 Incidental inclusion of performance or recording

79 New section 175A inserted

175A Transient reproduction of recording of performance

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

81 Recording of broadcasts and cable programmes by educational establishment

82 Use of recordings of spoken works in certain cases

83 New section 187 substituted

187 Incidental recording for purposes of communication work

84 New sections 188 to 188B substituted

188 Free public playing or showing of communication work

188A Free public playing or showing of communication work that is simultaneous with reception

188B Assessment of damages for infringement of rights under this Part in relation to performance or recording

85 Section 189 repealed

86 New section 190 substituted

190 Provision of subtitled copies of communication work

87 New section 191 substituted

191 Recording of communication work for archival purposes

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

89 New heading and new sections 226 to 226J substituted

90 Offence of fraudulently receiving programmes

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

92 Supplementary provisions as to fraudulent reception

93 Application to Convention countries

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

Legislative history

The Parliament of New Zealand enacts as follows: