1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to Parts 1 to 5 of Copyright Act 1994
4 Interpretation
5 New section 3 substituted
3 Associated definitions for communication works
6 Section 4 repealed
7 Meaning of author
8 Meaning of work of joint authorship
9 Meaning of publication
10 Meaning of infringing copy
11 Copyright in original works
12 Acts restricted by copyright
13 New section 20 substituted
20 Qualification by reference to origin of communication work
14 Duration of copyright in literary, dramatic, musical, or artistic works
15 Duration of copyright in sound recordings and films
16 New section 24 substituted
24 Duration of copyright in communication works
17 Infringement by performance or playing or showing in public
18 New section 33 substituted
33 Infringement by communicating to public
19 Infringement by importation
20 Providing means for making infringing copies
21 New section 41 substituted
41 Incidental copying of copyright work
22 Criticism, review, and news reporting
23 Research or private study
24 New section 43A inserted
43A Transient reproduction of work
25 Copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements
26 New section 44A inserted
44A Storing copies for educational purposes
27 Copying for educational purposes of films and sound recordings
28 Performing, playing, or showing work in course of activities of educational establishment
29 New section 48 substituted
48 Copying and communication of communication work for educational purposes
30 Interpretation
31 Copying by librarians of parts of published works
32 Copying by librarians of articles in periodicals
33 Copying by librarians for users of other libraries
34 Copying by librarians for collections of other libraries
35 Copying by librarians or archivists to replace copies of works
36 Copying by librarians or archivists of certain unpublished works
37 New sections 56A to 56C inserted
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 condition for making digital copies under section 53 or 54
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 80D inserted
80A Decompilation of computer program
80B Copying or adapting computer program if necessary for lawful use
80C Observing, studying, or testing of computer program
80D 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
49 Reception and retransmission of broadcast in cable programme service
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 92E inserted
Internet service provider liability
92A Internet service provider must have policy for terminating accounts of repeat infringers
92B Internet service provider liability if user infringes copyright
92C Internet service provider liability for storing infringing material
92D Requirements for notice of infringement
92E 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 2Amendments to Parts 6 to 11 of Copyright Act 1994
64 Presumptions relevant to computer programs, sound recordings, and films
65 Unjustified proceedings
66 Criminal liability for making or dealing with infringing objects
67 Works of more than one author
68 Licensing schemes to which sections 149 to 155 apply
69 Licences to which sections 157 to 160 apply
70 New section 163 substituted
163 Licences for educational establishments in respect of works included in communication works
71 Licences to reflect conditions imposed by promoters of events
72 Licences to reflect payments in respect of underlying rights
73 Licences in respect of works included in retransmissions
74 Determination of equitable remuneration
75 Interpretation
76 Application
77 Consent required for recording or live transmission of performance
78 New section 172 substituted
172 Infringement by use of recording made without performer’s consent
79 Incidental inclusion of performance or recording
80 New section 175A inserted
175A Transient reproduction of recording of performance
81 Playing or showing sound recording, film, broadcast, or cable programme at educational establishment
82 Recording of broadcasts and cable programmes by educational establishment
83 Use of recordings of spoken works in certain cases
84 New section 187 substituted
187 Incidental recording for purposes of communication work
85 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
86 Section 189 repealed
87 New section 190 substituted
190 Provision of subtitled copies of communication work
88 New section 191 substituted
191 Recording of communication work for archival purposes
89 Criminal liability for making, dealing with, using, or copying illicit recordings
90 New heading and new sections 226 to 226J substituted
Technological protection measures
226 Definitions of TPM terms
226A Prohibited conduct in relation to technological protection measure
226B Rights of issuer of TPM work
226C Offence of contravening section 226A
226D When rights of issuer of TPM work do not apply
226E User’s options if prevented from exercising permitted act by TPM
Copyright management information
226F Meaning of copyright management information
226G Interference with CMI prohibited
226H Commercial dealing in work subject to CMI interference
226I Contravention of section 226G or 226H
226J Offence of dealing in work subject to CMI interference
91 Offence of fraudulently receiving programmes
92 Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions
93 Supplementary provisions as to fraudulent reception
94 Application to Convention countries
95 Application of Act (other than Part 9) to other entities
96 Regulations
Legislative history
The Parliament of New Zealand enacts as follows: