THE COPYRIGHT
(APPLICATION TO OTHER COUNTRIES)
ORDER 1995

CATHERINE A. TIZARD, Governor-General

ORDER IN COUNCIL

At Wellington this 10th day of July 1995

Present:

Her Excellency the Governor-General in Council

Pursuant to sections 204 and 232 of the Copyright Act 1994, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

ORDER

Copyright in Foreign Works other than Sound Recordings, Broadcasts, and Cable Programmes

Copyright in Foreign Works that are Sound Recordings

Copyright in Foreign Works that are Broadcasts

Expenditure or Liability Incurred in Connection with Copyright Work

Transitional Provision

SCHEDULES

FIRST SCHEDULE

Cls. 4, 5, 7, 9

Countries to which Copyright Act 1994 (Except Part ix) Applies, in Respect of all Works Except Broadcasts and Cable Programmes

SECOND SCHEDULE

Cls. 9 (2), 10 (1)

Countries to which Copyright Act 1994 (Except Part ix) Applies, in Respect of Sound Recording and Broadcasts

THIRD SCHEDULE

Countries to which Part IX of Copyright Act 1994 Applies

Cl. 13

MARIE SHROFF,
Clerk of the Executive Council.

EXPLANATORY NOTE

This note is not part of the order, but is intended to indicate its general effect.

This order comes into force on 1 January 1996.

Clauses 4to 9 apply to works that are literary, dramatic, musical, and artistic works, sound recordings, films, and typographical arrangements of published editions and that qualify for copyright either because the author is a citizen or subject of, or a person domiciled or resident in, or a body incorporated under the law of, a country specified in the First Schedule or because the works are first published in a country specified in the First Schedule. The clauses apply the provisions of the Copyright Act 1994 to such works. However, Part IX of the Act does not apply to them, and some of the infringement provisions apply to sound recordings only if the country specified in the First Schedule is also specified in the Second Schedule or if the sound recording is a film sound-track.

Clause 10 applies to broadcasts made on or after 1 January 1995 that qualify for copyright because the author is a citizen or subject of, or a person domiciled or resident in, or a body incorporated under the law of, a country specified in the Second Schedule or because the broadcast is made from a country specified in the Second Schedule. The clause applies the provisions of the Copyright Act 1994 to such broadcasts. However, Part IX of the Act does not apply to them, and tale Act's provision on copyright in repeated broadcasts is modified.

Clause 13 applies the provisions of Part IX of the Copyright Act 1994 to performances given in, or given by subjects or citizens of or persons resident or domiciled in, the countries specified in the Third Schedule to the order. Part IX deals with performers' rights in their performances.

The countries specified in the First Schedule are parties to one, some, or all of-

(a) The Berne Convention for the Protection of Literary and Artistic Works, 9 September 1886, completed at Paris 4 May 1896; revised at Berlin 13 November 1908 and completed at Berne 20 March 1914; revised at Rome 2 dune 1928, at Brussels 26 June 1948, at Stockholm 14 July 1967, and at Paris 24 July 1971, and amended at Paris 2 October 1979:

(b) The Universal Copyright Convention adopted at Geneva 6 September 1952 and annexed Protocols 1, 2, and 3:

(c) The Agreement establishing the World Trade Organisation done at Marrakesh 15 April 1994 (World Trade Organisation Agreement).

The countries specified in the Second and Third Schedules are parties to the World Trade Organisation Agreement.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 July 1995.

This order is administered in the Department of Justice.

Wellington, New Zealand: Published under the authority of the
New Zealand Government-1995

64205J - 95/NS