Copyright (New Technologies) Amendment Act 2008

Part 1
Amendments to Parts 1 to 5 of Copyright Act 1994

4 Interpretation
  • (1) Section 2(1) is amended by repealing the definition of broadcast.

    (2) Section 2(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    CMI or copyright management information has the meaning given to it in section 226F

    communicate means to transmit or make available by means of a communication technology, including by means of a telecommunications system or electronic retrieval system, and communication has a corresponding meaning

    communication work means a transmission of sounds, visual images, or other information, or a combination of any of those, for reception by members of the public, and includes a broadcast or a cable programme

    educational resource supplier means any person—

    • (a) whose principal function is the copying of communication works and the supply of the copies it makes to educational establishments for educational purposes; and

    • (b) who does not conduct its business for profit; and

    • (c) who has been approved by the Minister of Education as an educational resource supplier for the purpose of this Act by a notice published in the Gazette and whose approval has not been revoked

    Internet service provider means a person who does either or both of the following things:

    • (a) offers the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing:

    • (b) hosts material on websites or other electronic retrieval systems that can be accessed by a user

    TPM or technological protection measure has the meaning given to it in section 226

    TPM work has the meaning given to it in section 226

    TPM circumvention device has the meaning given to it in section 226.

    (3) Section 2(1) is amended by repealing paragraphs (a) and (b) of the definition of copying and substituting the following paragraph:

    • (a) means, in relation to any description of work, reproducing, recording, or storing the work in any material form (including any digital format), in any medium and by any means; and.

    (4) Section 2(1) is amended by repealing paragraph (d) of the definition of copying and substituting the following paragraph:

    • (d) includes, in relation to a film or communication work, the making of a photograph of the whole or any substantial part of any image forming part of the film or communication work—.

    (5) Section 2(1) is amended by repealing paragraphs (c) to (e) of the definition of material time and substituting the following paragraphs:

    • (c) in relation to a communication work, means when the work is made or received in New Zealand; and

    • (d) in relation to a typographical arrangement of a published edition, means when the edition is first published.

    (6) Section 2(1) is amended by omitting broadcast, or cable programme from paragraph (b) of the definition of performance and substituting or communication work.