Copyright (Marrakesh Treaty Implementation) Amendment Bill

  • enacted
6 Section 69 replaced (Provision of Braille copies of literary or dramatic works)

Replace section 69 with:

69 Authorised entity types

(1)

An entity that is 1 or more of the following may undertake the activities set out in section 69A:

(a)

an educational establishment:

(b)

an educational resource supplier:

(c)

a prescribed library within the meaning given in section 50(1):

(d)

a charitable entity that has a purpose consistent with making accessible format copies available to persons who have a print disability.

(2)

Before beginning activities under section 69A for the first time, an authorised entity must give notice to the Ministry that it intends to do so.

69A Accessible format copy activities by authorised entity

(1)

An authorised entity does not infringe copyright in the relevant work if the entity acts in accordance with this section.

(2)

An authorised entity may make an accessible format copy if the entity—

(a)

has made reasonable efforts to obtain an accessible format copy of the work in the manner or form needed by the persons to whom it is to be provided, within a reasonable time and at an ordinary commercial price, but has been unable to do so; and

(b)

has taken all reasonable steps to notify the owner of the copyright in the work of its intention to make an accessible format copy; and

(c)

is making the copy to provide it only to persons who have a print disability, persons acting on their behalf, or other authorised entities; and

(d)

ensures that the copy respects the integrity of the original work, as far as is reasonably possible and taking into account changes needed to make the work accessible in the alternative format.

(3)

An authorised entity (A) may import into New Zealand an accessible format copy from an authorised entity (B) in another Marrakesh Treaty country if A—

(a)

has made reasonable efforts to obtain an accessible format copy of the work in the manner or form needed by the persons to whom it is to be provided, within a reasonable time and at an ordinary commercial price, but has been unable to do so; and

(b)

has taken all reasonable steps to notify the owner of the copyright in the work of its intention to make an accessible format copy; and

(c)

is importing the copy to provide it only to persons who have a print disability, persons acting on their behalf, or other authorised entities; and

(d)

has taken all reasonable steps to ensure that the copy respects the integrity of the original work, as far as is reasonably possible and taking into account changes needed to make the work accessible in the alternative format.

(4)

An authorised entity may do 1 or more of the following:

(a)

export from New Zealand an accessible format copy to an authorised entity, or a person who has a print disability, in another Marrakesh Treaty country:

(b)

reproduce copies made or imported under this section or provided to the entity under section 69B(2)(c):

(b)

reproduce copies

(i)

made or imported into New Zealand under this section; or

(ii)

provided to the entity under section 69B(2)(c):

(c)

provide, by communication or otherwise, accessible format copies made or imported under this section or provided to the entity under section 69B(2)(c) to—

(i)

persons in New Zealand who have a print disability or persons acting on their behalf; and

(ii)

other authorised entities in New Zealand.

69B Accessible format copy activities by person who is not authorised entity

(1)

A person who is not an authorised entity does not infringe copyright in the relevant work if he or she—

(a)

has a print disability or is acting on behalf of someone who has a print disability; and

(b)

intends the accessible format copy to be only for the use of the person who has a print disability; and

(c)

acts in accordance with subsection (2).

(2)

The person may do 1 or more of the following:

(a)

make an accessible format copy that respects the integrity of the original work, as far as is reasonably possible and taking into account changes needed to make the work accessible in the alternative format:

(b)

import into New Zealand an accessible format copy from an authorised entity in another Marrakesh Treaty country:

(c)

provide the accessible format copy that he or she made or imported under paragraph (a) or (b) to an authorised entity.

69C Duties of authorised entity in regard to records and fees

(1)

An authorised entity must—

(a)

make and keep a record of a work of which it has made, provided, reproduced, imported, or exported an accessible format copy under section 69A; and

(a)

make and keep a record of a work of which it has

(i)

made, provided, reproduced, imported, or exported an accessible format copy under section 69A; or

(ii)

received an accessible format copy under section 69B(2)(c); and

(b)

permit the copyright owner to inspect the record—

(i)

during normal office hours; or

(ii)

at any reasonable time, if the entity does not have office hours.

(2)

An authorised entity may charge a fee for providing an accessible format copy to a person, but the fee must not be higher than the sum of the cost to the entity of making, providing, reproducing, importing, or exporting the copy (as applicable) and a reasonable contribution to the general expenses of the entity.

69D Ministry must publish list of authorised entities on Internet site

The Ministry must publish on its Internet site a list of authorised entities that have given notice under section 69(2).