Copyright Act 1994

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Technological protection measures

Heading: substituted, on 31 October 2008, by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

226 Interpretation for sections 226A to 226E

In sections 226A to 226E, unless the context otherwise requires,—

issuer of the TPM work or issuer of a TPM work means—

(a)

a copyright owner of a TPM work that—

(i)

issued a copy of the TPM work to the public; or

(ii)

communicated the TPM work to the public; or

(b)

a person that, under licence from the copyright owner,—

(i)

issued a copy of the TPM work to the public; or

(ii)

communicated the TPM work to the public

permitted act means an act that—

(a)

is permitted under Part 3 or otherwise does not infringe copyright in the TPM work; and

(b)

does not infringe any specified performers’ rights in the TPM work

specified performers’ rights means the rights conferred by section 172, or subpart 4 of Part 9, in respect of a recording that is a sound recording and a TPM work

TPM or technological protection measure—

(a)

means any process, treatment, mechanism, device, or system that in the normal course of its operation prevents or inhibits the infringement of copyright in a TPM work; but

(b)

for the avoidance of doubt, does not include a process, treatment, mechanism, device, or system to the extent that, in the normal course of operation, it only controls any access to a work for non-infringing purposes (for example, it does not include a process, treatment, mechanism, device, or system to the extent that it controls geographic market segmentation by preventing the playback in New Zealand of a non-infringing copy of a work)

TPM circumvention device means a device or means that—

(a)

is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of a technological protection measure; and

(b)

has only limited commercially significant application except for its use in circumventing a technological protection measure

TPM work means a copyright work that is protected by a technological protection measure.

Section 226: substituted, on 31 October 2008, by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 226 heading: replaced, on 30 December 2018, by section 37A(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).

Section 226 issuer of the TPM work or issuer of a TPM work: inserted, on 30 December 2018, by section 37A(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).

Section 226 permitted act: inserted, on 30 December 2018, by section 37A(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).

Section 226 specified performers’ rights: inserted, on 30 December 2018, by section 37A(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).