New Zealand Legislation: Supplementary Order Papers

49 New section 88 substituted

• Section 88 is repealed and the following section substituted:

  “88 Reception and recommunication of communication works

  • “(1) This section applies where—

    • “(a) a communication work is communicated from a place in New Zealand by wireless communication to members of the public or for viewing by members of the public (in this section referred to as the first communication work); and

    • “(b) by reception and immediate recommunication, the first communication work is further communicated (in this section referred to as the further communication work).

    “(2) Where this section applies,—

    • “(a) copyright in the first communication work is not infringed if—

      • “(i) the first communication work is made for reception throughout New Zealand or, for a communication work that is not made for reception throughout New Zealand, if and to the extent that the first communication work is made for reception in the area in which the further communication work is made for reception; and

      • “(ii) the first communication work is not transmitted by satellite or is not encrypted; and

      • “(iii) the further communication work is made in accordance with any reference standards issued by the Secretary under section 133 of the Radiocommunications Act 1989; and

      • “(iv) the further communication work is not encrypted; and

      • “(v) the further communication work can be received by persons who do not pay an ongoing fee to the person making the further communication work for the right to receive the further communication work, other than any fee for the installation or use of reception equipment; and

    • “(b) copyright in any work included in the first communication work is not infringed if that first communication work is made for reception throughout New Zealand or, for a communication work that is not made for reception throughout New Zealand, to the extent that the first communication work is made for reception in the area in which the further communication work is made for reception; and

    • “(c) where the making of the first communication work was an infringement of the copyright in any work included in the first communication work, the fact that the first communication work was recommunicated by the further communication work shall be taken into account in assessing the damages for that infringement.

    “(3) This section does not apply if or to the extent that licences authorising the reception and immediate recommunication of a communication work and any work included in the communication work are available to the person under a licensing scheme and the person carrying out the recommunication knew that fact.

    “(4) For the purposes of this section, a communication work is made for reception—

    • “(a) throughout New Zealand if it is communicated throughout the majority of New Zealand, even if the communication work cannot be received in all parts of New Zealand:

    • “(b) in an area if the communication work is made for reception generally over an area, regardless of whether it can be received at all points in that area.”