85 Incidental recording for purposes of communication

(1)

This section applies where, under an assignment or a licence, a person is authorised to communicate the following works to the public:

(a)

a literary, dramatic, or musical work, or an adaptation of that work; or

(b)

an artistic work; or

(c)

a sound recording or film.

(2)

Where this section applies, the person so authorised may, without the consent of the copyright owner but only if the conditions contained in subsection (3) are complied with, do or authorise the doing of any of the following acts for the purposes of the communication work:

(a)

in the case of a literary, dramatic, or musical work, or an adaptation of such a work, copy the work or adaptation by making a sound recording or film of the work or adaptation:

(b)

in the case of an artistic work, copy the work by taking a photograph or making a film of the work:

(c)

in the case of a sound recording or a film, make a copy of the recording or film.

(3)

The conditions referred to in subsection (2) are—

(a)

that the recording, film, photograph, or copy is not used for any other purpose; and

(b)

that the recording, film, photograph, or copy is destroyed within 6 months of being first used for communicating the work to the public, unless the Minister has authorised the preservation of any recording, film, photograph, or copy in the records of a government department or in Archives New Zealand (Te Rua Mahara o te Kāwanatanga) because of its documentary character or exceptional importance.

(4)

A recording, film, photograph, or copy made in accordance with this section shall be treated as an infringing copy—

(a)

for the purposes of any use in breach of the condition contained in subsection (3)(a); and

(b)

for all purposes after either of the conditions contained in subsection (3) is broken.

Compare: 1962 No 33 s 19(9), (10); Copyright, Designs and Patents Act 1988 s 68 (UK)

Section 85 heading: amended, on 31 October 2008, by section 46(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 85(1): substituted, on 31 October 2008, by section 46(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 85(2): amended, on 31 October 2008, by section 46(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 85(3)(b): amended, on 31 October 2008, by section 46(4) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 85(3)(b): amended, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).