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Inglés Copyright (New Technologies) Amendment Act 2008 (reprint as at 31 October 2008)

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1 Title
2 Commencement
3 Principal Act amended
Part 1 Amendments to Parts 1 to 5 of Copyright Act 1994
Part 2 Amendments to Parts 6 to 11 of Copyright Act 1994
Notes

Reprint as at 31 October 2008

Copyright (New Technologies) Amendment Act 2008

Public Act 2008 No 27 Date of assent 11 April 2008 Commencement see section 2

Contents
Page
1	Title			7
2	Commencement			7
3	Principal Act amended			7
			Part 1
	Amendments to Parts 1 to 5 of Copyright A			ct 1994
4	Interpretation			7
5	New section 3 substituted			9
	3	Associated deﬁ	nitions for communication works		9
6	Section 4 repealed			9
7	Meaning of author			9

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.

This Act is administered by the Ministry of Economic Development.

8 Meaning of work of joint authorship 10 9 Meaning of publication 10 10 Meaning of infringing copy 10 11 Copyright in original works 10 12 Acts restricted by copyright 11 13 New section 20 substituted 11 20 Qualiﬁcation by reference to origin of 11 communication work 14 Duration of copyright in literary, dramatic, musical, or 11 artistic works 15 Duration of copyright in sound recordings and ﬁlms 11 16 New section 24 substituted 12 24 Duration of copyright in communication works 12 17 Infringement by performance or playing or showing in 12 public 18 New section 33 substituted 12 33 Infringement by communicating to public 12 19 Infringement by importation 12 20 Providing means for making infringing copies 13 21 New section 41 substituted 13 41 Incidental copying of copyright work 13 22 Criticism, review, and news reporting 14 23 Research or private study 14 24 New section 43A inserted 14 43A Transient reproduction of work 14 25 Copying for educational purposes of literary, dramatic, 14 musical, or artistic works or typographical arrangements 26 New section 44A inserted 15 44A Storing copies for educational purposes 15 27 Copying for educational purposes of ﬁlms and sound 15 recordings 28 Performing, playing, or showing work in course of 16 activities of educational establishment 29 New section 48 substituted 16 48 Copying and communication of communication 16 work for educational purposes 30 Interpretation 17 31 Copying by librarians of parts of published works 17 32 Copying by librarians of articles in periodicals 17 33 Copying by librarians for users of other libraries 17 34 Copying by librarians for collections of other libraries 18

35 Copying by librarians or archivists to replace copies of 18 works 36 Copying by librarians or archivists of certain unpublished 18 works 37 New sections 56A to 56C inserted 19 56A Library or archive may communicate digital copy 19 to authenticated users 56B Additional conditions for supply of copy of work 19 in digital format by librarian or archivist under section 51, 52, or 56 56C Additional condition for making digital copies 20 under section 53 or 54 38 Copying by Parliamentary Library for members of 20 Parliament 39 Use of recording of spoken words in certain cases 20 40 ProvisionofBraillecopiesofliteraryordramaticworks 20 41 Public reading or recitation 20 42 Representation of certain artistic works on public display 21 43 New sections 80A to 80D inserted 21 80A Decompilation of computer program 21 80B Copying or adapting computer program if 22 necessary for lawful use 80C Observing, studying, or testing of computer 22 program 80D Certain contractual terms relating to use of 23 computer programs have no effect 44 New section 81A inserted 23 81A Copying sound recording for personal use 23 45 New heading and new sections 82 to 84 substituted 24

Communication works

82 Recording for purposes of maintaining standards 24 in programmes 83 Recording for purposes of complaining 24 84 Recording for purposes of time shifting 24 46 Incidental recording for purposes of broadcast or cable 25 programme 47 Section 86 repealed 26 48 New sections 87 to 87B substituted 26 87 Freepublicplayingorshowingofcommunication 26 work

87A Freepublicplayingorshowingofcommunication 27 work that is simultaneous with reception 87B Assessment of damages for infringement of 28 copyright in sound recording or ﬁlm 49 Reception and retransmission of broadcast in cable 28 programme service 50 New section 89 substituted 29 89 Provision of subtitled copies of communication 29 work 51 Recording for archival purposes 29 52 Recording by media monitors 29 53 New heading and new sections 92A to 92E inserted 30

Internet service provider liability

92A Internet service provider must have policy for 30 terminating accounts of repeat infringers 92B Internet service provider liability if user infringes 30 copyright 92C Internet service provider liability for storing 31 infringing material 92D Requirements for notice of infringement 32 92E Internet service provider does not infringe 32 copyright by caching infringing material 54 Subsequent dealings with copies made under this Part 33 55 Right to be identiﬁed as author or director 34 56 Content of right to be identiﬁed 35 57 Exceptions to right to be identiﬁed 35 58 Content of right to object to derogatory treatment 35 59 Exceptions to right to object to derogatory treatment of 36 ﬁlms 60 False attribution of identity of author or director 37 61 False representation as to literary, dramatic, or musical 37 work 62 Right to privacy of certain photographs and ﬁlms 37 63 New sections 112 to 112B substituted 37 112 Warranty implied in certain licences 37 112A Damagesforfalselyclaimingcopyrightownership 38 or licence 112B Provisionsofsections112and112Atohaveeffect 38 no matter what licence says

Part 2 Amendments to Parts 6 to 11 of Copyright Act 1994

64 Presumptions relevant to computer programs, sound 39 recordings, and ﬁlms 65 Unjustiﬁed proceedings 39 66 Criminal liability for making or dealing with infringing 39 objects 67 Works of more than one author 39 68 Licensing schemes to which sections 149 to 155 apply 39 69 Licences to which sections 157 to 160 apply 40 70 New section 163 substituted 40 163 Licencesforeducationalestablishmentsinrespect 40 of works included in communication works 71 Licences to reﬂect conditions imposed by promoters of 40 events 72 Licences to reﬂect payments in respect of underlying 41 rights 73 Licencesinrespectofworksincludedinretransmissions 41 74 Determination of equitable remuneration 41 75 Interpretation 41 76 Application 41 77 Consent required for recording or live transmission of 42 performance 78 New section 172 substituted 42 172 Infringement by use of recording made without 42 performer’s consent 79 Incidental inclusion of performance or recording 42 80 New section 175A inserted 42 175A Transient reproduction of recording of 43 performance 81 Playing or showing sound recording, ﬁlm, broadcast, or 43 cable programme at educational establishment 82 Recording of broadcasts and cable programmes by 43 educational establishment 83 Use of recordings of spoken works in certain cases 43 84 New section 187 substituted 44 187 Incidental recording for purposes of 44 communication work 85 New sections 188 to 188B substituted 44 188 Freepublicplayingorshowingofcommunication 44 work

188A Freepublicplayingorshowingofcommunication 45 work that is simultaneous with reception 188B Assessment of damages for infringement of rights 46 under this Part in relation to performance or recording 86 Section 189 repealed 47 87 New section 190 substituted 47 190 Provision of subtitled copies of communication 47 work 88 New section 191 substituted 47 191 Recording of communication work for archival 47 purposes 89 Criminal liability for making, dealing with, using, or 48 copying illicit recordings 90 New heading and new sections 226 to 226J substituted 48

Technological protection measures

226 Deﬁnitions of TPM terms 48 226A Prohibited conduct in relation to technological 49 protection measure 226B Rights of issuer of TPM work 49 226C Offence of contravening section 226A 50 226D WhenrightsofissuerofTPMworkdonotapply 50 226E User’s options if prevented from exercising 51 permitted act by TPM

226F Meaning of copyright management information 52 226G Interference with CMI prohibited 52 226H Commercial dealing in work subject to CMI 53 interference 226I Contravention of section 226G or 226H 53 226J Offence of dealing in work subject to CMI 53 interference 91 Offence of fraudulently receiving programmes 54 92 Rights and remedies in respect of apparatus, etc, for 54 unauthorised reception of transmissions 93 Supplementary provisions as to fraudulent reception 54 94 Application to Convention countries 54 95 Application of Act (other than Part 9) to other entities 54 96 Regulations 55

1 Title This Act is the Copyright (New Technologies) Amendment Act 2008.

2 Commencement

(1): Section 19(2) comes into force on the day after the date on which this Act receives the Royal assent.
(2): TherestofthisActcomesintoforceonadatetobeappointed by the GovernorGeneral by Order in Council.
(3): One or more Orders in Council may be made appointing

different dates for the commencement of different provisions.

Section 2(2): sections 1 to 19(1), 20 to 47, 49 to 84, and 86 to 96 brought into force,on31October2008,by clause2(1) oftheCopyright(NewTechnologies) Amendment Act 2008 Commencement Order (No 2) 2008 (SR 2008/411).

3 Principal Act amended

This Act amends the Copyright Act 1994.

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

4 Interpretation

(1) Section2(1) isamendedbyrepealingthedeﬁnitionof broadcast.

(2) Section2(1) isamendedbyinsertingthefollowingdeﬁnitions in their appropriate alphabetical order: “CMIorcopyrightmanagementinformationhasthemeaning given to it in section 226F

“communicate means to transmit or make available by meansofacommunicationtechnology,includingbymeansof 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) whoseprincipalfunctionisthecopyingofcommunicationworksandthesupplyofthecopiesitmakestoeducational 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 thisActbyanoticepublishedintheGazette andwhose 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 con

nectionsfordigitalonlinecommunications,betweenor 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

“TPMortechnologicalprotectionmeasurehasthemeaning

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.”

(5): Section 2(1) is amended by repealing paragraphs (c) to (e) of the deﬁnition of materialtime 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”fromparagraph(b)ofthedeﬁnitionofperformance and substituting “or communication work”.
5	New section 3 substituted
“3	Section 3 is repealed and the following section substituted: Associated deﬁnitions for communication works

“(1) References in this Act to a person making a communication work are— “(a) to the person transmitting the communication work or

makingitavailablebymeansofacommunicationtechnology, if that person has responsibility to any extent for its contents; and

“(b) any person who provides the contents of the work and who makes with the person communicating the work the arrangements necessary for its communication.

“(2) For the purposes of this Act, in the case of communicating a work by satellite transmission,— “(a) the place from which the work is communicated is the

place from which the signals carrying the work are transmitted to the satellite; and “(b) the person communicating the work is the person who transmits those signals to the satellite.”

6 Section 4 repealed

Section 4 is repealed.

7 Meaning of author

Section5(2) isamendedbyrepealingparagraphs(c)to(e)and substituting the following paragraphs: “(c) in the case of a communication work, the person who

makes the communication work:

“(d) in the case of a typographical arrangement of a published edition, the publisher.”

8 Meaning of work of joint authorship Section 6 is amended by repealing subsection (2) and substi tuting the following subsection:

“(2) Acommunicationworkmustbetreatedasaworkofjointauthorship in any case where more than 1 person is to be taken as making the communication work.”

9 Meaning of publication

(1): Section10(4)(a)(ii) isamendedbyomitting “thebroadcasting oftheworkoritsinclusioninacableprogrammeservice”and substituting “the communication of the work to the public”.
(2): Section10(4)(b)(iii) isamendedbyomitting“thebroadcasting oftheworkoritsinclusioninacableprogrammeservice”and substituting “the communication of the work to the public”.
(3): Section 10(4)(d) is amended by repealing subparagraph (ii)

and substituting the following paragraph: “(ii) the communication of the work to the public.”

10 Meaning of infringing copy Section12(5) isamendedbyrepealingparagraph(a)andsubstituting the following paragraph: “(a) section 85(4) (which relates to incidental recording for the purposes of a communication work):”.

11 Copyright in original works

(2): Section 14 is amended by repealing subsection (3).

12	Acts restricted by copyright
	Section 16(1) is amended by repealing paragraph (f) and sub
	stituting the following paragraph:
	“(f)	to communicate the work to the public:”.
13	New section 20 substituted
	Section 20 is repealed and the following section substituted:
“20	Qualiﬁcation by reference to origin of communication
	work
	A communication work qualiﬁes for copyright if it is made
	from—
	“(a)		a place in New Zealand; or
	“(b) a place in a prescribed foreign country.”
14	Duration of copyright in literary, dramatic, musical, or
	artistic works
	Section 22 is amended by repealing subsection (4) and substi
	tuting the following subsection:

“(4) Forthepurposesofsubsection(3),thecircumstancesinwhich a work may be made available to the public include,— “(a) in the case of a literary, dramatic, or musical work,—

“(i) performance in public: “(ii) communication to the public:

“(b) in the case of an artistic work,— “(i) exhibition in public: “(ii) the playing or showing in public of a ﬁlm that

includes the work: “(iii) communication to the public.”

15 Duration of copyright in sound recordings and ﬁlms

Section23 isamendedbyrepealingsubsection(2)andsubstituting the following subsection:

“(2) For the purposes of subsection (1), a sound recording or ﬁlm is made available to the public when— “(a) the work is ﬁrst—

“(i) published; or “(ii) communicated to the public; or “(b) in the case of a ﬁlm or ﬁlm sound track,— “(i) the work is ﬁrst shown in public; or

“(ii) the work is ﬁrst played in public.”

16 New section 24 substituted

Section 24 is repealed and the following section substituted:

“24 Duration of copyright in communication works

“(1) Copyright in a communication work expires at the end of the period of 50 years from the end of the calendar year in which the communication work is ﬁrst communicated tothe public.

“(2) Copyright in a repeated communication work expires at the sametimeascopyright in the initialcommunication workexpires.

“(3) Thereisnocopyrightinarepeatedcommunicationworkthatis

communicated to the public after copyright in the initial communication work has expired.”
17	Infringement by performance or playing or showing in public Section32(2)isamendedbyomitting“broadcast,orcableprogramme” and substituting “or communication work”.
18 “33	New section 33 substituted Section 33 is repealed and the following section substituted: Infringement by communicating to public Communicating a work to the public is a restricted act in relation to every description of copyright work.”
19 (1)	Infringement by importation Section 35(1)(c) is amended byomitting “or” and substituting “and”.
(2)	Section 35 is amended by repealing subsections (3) to (5) and substituting the following subsections:

“(3) Apersonalsoinfringescopyrightinaﬁlmtowhichsubsection

(6) applies if that person— “(a) imports a copy of the ﬁlm into New Zealand within 9monthsofﬁrstbeingmadeavailabletothepublic;and

“(b) knowsorhasreasontobelievethattheﬁlmisimported into New Zealand within 9 months of ﬁrst being made available to the public; and

“(c) isnotthelicenseeofthecopyrightinNewZealand;and “(d) imports the ﬁlm into New Zealand other than for that person’s private and domestic use.

“(4) Forthepurposesofsubsection(3),aﬁlmisﬁrstmadeavailable tothepublic(assetoutinsection23(2))byanyauthorisedact whether in New Zealand or elsewhere.

“(5) Subsections (3) and (4) are repealed on 31 October 2013.”

20 Providing means for making infringing copies Section37 isamendedbyrepealingsubsection(2)andsubstituting the following subsection:

“(2) Copyright in a work is infringed by a person who, other than under a copyright licence, communicates a work to 1 or more persons, knowing or having reason to believe that infringing copieswillbemadebymeansof thereceptionofthecommunication in New Zealand or elsewhere.”

21 New section 41 substituted

Section 41 is repealed and the following section substituted: “41 Incidental copying of copyright work “(1) Copyright in a work is not infringed by— “(a) theincidentalcopyingoftheworkinanartisticwork,a sound recording, a ﬁlm, or a communication work; or “(b) the issue to the public of copies of an artistic work, the playing of a sound recording, the showing of a ﬁlm, or the communication of a work to the public, in which a copyright work has been incidentally copied; or “(c) the issue to the public of copies of a sound recording, ﬁlm,orcommunicationworktowhichparagraph(a)or

(b) applies. “(2) For the purposes of subsection (1), a musical work, words spoken or sung with music, or so much of a sound recording or communication work as includes a musical work or those words,must not be regarded as incidentally copied in another

work if the musical work or the words, sound recording, or communication work is deliberately copied.”

22 Criticism, review, and news reporting

Section42 isamendedbyrepealingsubsection(2)andsubstituting the following subsection:

“(2) Fair dealing with a work for the purpose of reporting current eventsbymeansofasoundrecording,ﬁlm,orcommunication work does not infringe copyright in the work.”

23 Research or private study

Section43 isamendedbyrepealingsubsection(4)andsubstituting the following subsection:

“(4) Thissectiondoesnotauthorisethemakingofmorethan1copy of the same work, or the same part of a work, on any 1 occasion, but in this subsection copy does not include a noninfringingtransientreproductiontowhichsection43Aapplies.”

24 New section 43A inserted

The following section is inserted after section 43: “43A Transient reproduction of work A reproduction of a work does not infringe copyright in the work if the reproduction— “(a) is transient or incidental; and “(b) is an integral and essential part of a technological process for— “(i) making or receiving a communication that does not infringe copyright; or “(ii) enabling the lawful use of, or lawful dealing in, the work; and “(c) has no independent economic signiﬁcance.”

25 Copying for educational purposes of literary, dramatic, musical, or artisticworks or typographical arrangements

Section 44 is amended by inserting the following subsection after subsection (4):

“(4A) A copy of a work made in accordance with subsections (3) and (4) maybecommunicatedto a person whois a student or otherperson who is toreceive,isreceiving, or hasreceived, a lesson that relates to the work.”

26 New section 44A inserted

The following section is inserted after section 44: “44A Storing copies for educational purposes “(1) An educational establishment does not infringe copyright in a work that is made available on a website or other electronic retrievalsystembystoringacopyofthepageorpagesinwhich the work appears if— “(a) the material is stored for an educational purpose; and “(b) the material— “(i) is displayed under a separate frame or identiﬁer; and “(ii) identiﬁestheauthor(ifknown)andsourceofthe work; and “(iii) states the name of the educational establishment and the date onwhich the work was stored; and “(c) the material is restricted to use by authenticated users. “(2) Subsection (1) does not apply, and the educational establishment does infringe copyright in the work, if the educational establishment knowingly fails to delete the stored material withinareasonabletimeafterthematerialbecomesnolonger relevant to the course of instruction for which it was stored. “(3) In subsection (1), authenticated user means a person who— “(a) isaparticipantinthecourseofinstructionforwhichthe material is stored; and “(b) can access the stored material only through a veriﬁcation process thatveriﬁes that he or she is entitled to access the stored material.”

27 Copying for educational purposes of ﬁlms and sound recordings Section45 isamendedbyrepealingsubsection(1)andsubstituting the following subsection:

“(1) Copyright in any work that is a ﬁlm, sound recording, or communication work, or any work included in a ﬁlm, sound recording, or communication work, is not infringed by the copyingofthatworkinthecircumstancessetoutinsubsection (2).”

28 Performing, playing, or showing work in course of activities of educational establishment Section47 isamendedbyrepealingsubsection(2)andsubstituting the following subsection:

“(2) The playing or showing, for the purposes of instruction, of a soundrecording,ﬁlm,orcommunicationworktotheaudience described in subsection (1) at an educational establishment is notaplayingorshowingoftheworkinpublicforthepurposes of section 32(2).”

29 New section 48 substituted

Section 48 is repealed and the following section substituted:

“48 Copying and communication of communication work for educational purposes

“(1) This section applies when a copy of a communication work is— “(a) made or communicated by or on behalf of an educational establishment; or “(b) made and supplied by an educational resource supplier to an educational establishment.

“(2) In any case to which subsection (1)(a) applies, the making or communication of a copy of the communication work by or onbehalfofaneducationalestablishment,andthesubsequent communication of the copy within the educational establishment, doesnot infringecopyright in the communicationwork or in any work included in it if the copy is made or communicated for the educational establishment’s educational purposes.

“(3) Inanycasetowhichsubsection(1)(b)applies,themakingand supplyofacopyofthecommunicationworkbyaneducational resourcesupplierdoesnotinfringecopyrightinthecommunication work or in any work included in it if the copy is made and supplied for the educational purposes of the educational establishment to which it is supplied.

“(4) However, the exclusions from infringement of copyright in subsections (2) and (3) do not apply to— “(a) thecopyingofacommunicationworkifortotheextent that—

“(i) licences authorising the copying of the communication work by or on behalf of educational establishmentsorbyeducationalresourcesuppliers are available under a licensing scheme; and

“(ii) the educational establishment or the educational resource supplier, as the case may be, knew that fact; or

“(b) the communication of a communication work if or to the extent that— “(i) licences authorising the communication of the

copy by or on behalf of educational establishments are available under a licensing scheme; and

“(ii) the educational establishment knew that fact; or

“(c) thesupplyofacommunicationworkbyaneducational resource supplier if or to the extent that— “(i) licences authorising the supply of the commu

nication work are available under a licensing scheme; and “(ii) theeducationalresourcesupplierknewthatfact.”

30 Interpretation Section50(1) and(2)areamendedbyomitting“sections51to 56 of this Act” and substituting in each case “sections 51 to 56C”.

31 Copying by librarians of parts of published works Section 51 is amended by adding the following subsection:

“(5) In this section, copy includes a digital copy, but in that case section 56B applies as well.”

32 Copying by librarians of articles in periodicals Section 52 is amended by adding the following subsection:

“(4) In this section, copy includes a digital copy, but in that case section 56B applies as well.”

33 Copying by librarians for users of other libraries

Section 53 is amended by adding the following subsection:

“(5) In this section, copy includes a digital copy, but in that case section 56C applies as well.”

34 Copying by librarians for collections of other libraries

Section 54 is amended by adding the following subsection: “(5) In this section, copy includes a digital copy, but in that case section 56C applies as well.”

35 Copying by librarians or archivists to replace copies of works

(1): Section 55(1) is amended by inserting “(other than a digital copy)” after “copy” in the ﬁrst place where it appears.
(2): Section 55 is amended by adding the following subsections:

“(3) The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item)inthecollectionofthelibraryorarchivewithoutinfringing copyright in any work included in the item if— “(a) the original item is at risk of loss, damage, or destruc

tion; and “(b) the digital copy replaces the original item; and “(c) the original item is not accessible by members of the

public after replacement by the digital copy except for purposesofresearchthenatureofwhichrequiresormay beneﬁt from access to the original item; and

“(d) itisnotreasonablypracticabletopurchaseacopyofthe original item.

“(4) The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item)inthecollectionofthelibraryorarchivewithoutinfringing copyright in any work included in the item if— “(a) the digital copy is used to replace an item in the col

lection of another prescribed library or archive that has been lost, damaged, or destroyed; and “(b) itisnotreasonablypracticabletopurchaseacopyofthe original item.”

36 Copyingbylibrariansorarchivistsofcertainunpublished works

Section 56 is amended by adding the following subsection:

“(6) In this section, copy includes a digital copy, but in that case section 56B applies as well.”

37 New sections 56A to 56C inserted

The following sections are inserted after section 56: “56A Library or archive may communicate digital copy to authenticated users

“(1) The librarian of a prescribed library or the archivist of an archive does not infringe copyright in a work by communicatingadigitalcopyoftheworktoanauthenticateduserifthe following conditions are met: “(a) the librarian or archivist has obtained the digital copy

lawfully; and

“(b) the librarian or archivist ensures that each user is informedinwritingaboutthelimitsofcopyingandcommunicationallowedbythisAct,includingthatadigital copyofaworkmayonlybecopiedorcommunicatedby the user in accordance with the provisions of this Act; and

“(c) the digital copy is communicated to the user in a form that cannot be altered or modiﬁed; and

“(d) the number of users who access the digital copy at any one time is notmore thantheaggregate number of digital copies of the work that— “(i) the library or the archive has purchased; or “(ii) for which it is licensed.

“(2) In subsection (1), authenticated user means a person who— “(a) has a legitimate right to use the services of the library or archive; and

“(b) can access the digital copy only through a veriﬁcation processthatveriﬁesthatthepersonisentitledtoaccess the digital copy.

“56B Additionalconditionsforsupplyofcopyofworkindigital formatbylibrarianorarchivistundersection51,52,or56

A copy of a work to which section 51, 52, or 56 applies must not be supplied in a digital format, by the librarian of a prescribed library or the archivist of an archive, to a person (A) unless the following conditions are also complied with:

“(a) thelibrarianorarchivistmustgiveA,whenthecopyis supplied, a written notice that sets out the terms of use of the copy; and

“(b) the librarian or archivist must, as soon as is reasonably practicable, destroy any additional copy made in the process of making the copy that is supplied to A.

“56C Additional condition for making digital copies under

section 53 or 54 A copy of a work to which section 53 or 54 applies must not be supplied in a digital format to a library unless the librarian supplying the digital copy destroys, as soon as is reasonably practicable,anyadditionalcopymadeintheprocessofmaking the copy that is supplied.”
38	Copying by Parliamentary Library for members of Parliament Section58(2)isamendedbyomitting“broadcastorcableprogramme” in each place where it appears and substituting in each case “communication work”.
39 (1) (2)	Use of recording of spoken words in certain cases Section 68(1)(b) is amended by omitting “broadcasting or includinginacable programmeservice”andsubstituting“communicating to the public”. Section 68(2)(a) is amended by omitting “broadcast or cable programme” and substituting “communication work”.
40	Provision of Braille copies of literary or dramatic works Section69(1)isamendedbyinserting“orcommunicate”after “make”.
41	Public reading or recitation Section 70 is amended by repealing subsection (2) and substituting the following subsection:

“(2) Copyrightinaworkisnotinfringedbythemakingofasound recording, or the communication to the public, of a reading or recitation that under subsection (1) is not treated as a performance in public, if the recording or communication work consistsmainlyofmaterialinrelationtowhichitisnotnecessary to rely on that subsection.”

42 Representation of certain artistic works on public display

(2): Section73 isamendedbyrepealingsubsection(3)andsubstituting the following subsection:

“(3) Copyrightisnotinfringedbytheissuetothepublicofcopies, or the communication to the public, of anything the making ofwhichwas,underthissection,notaninfringementofcopyright.”

43 New sections 80A to 80D inserted

The following sections are inserted after section 80: “80A Decompilation of computer program “(1) The lawful user of a copy of a computer program expressed inalowlevellanguagedoesnotinfringecopyrightintheprogrambydecompilingit,iftheconditionsinsubsection(2)are met. “(2) The conditions referred to in subsection (1) are that— “(a) decompilationisnecessarytoobtaininformationnecessary for the objective of creating an independent programthatcanbeoperatedwiththeprogramdecompiled or with another program; and “(b) the information obtained from the decompilation is not used for any purpose other than the objective referred to in paragraph (a). “(3) In particular, the conditions in subsection (2) are not met if— “(a) theinformationnecessarytocreatetheindependentprogram is readily available to the lawful user without decompiling the computer program; or “(b) the lawful user does not conﬁne decompilation of the computerprogramstrictlytothestepsthatarenecessary to create an independent program; or

“(c) thelawfulusergivestheinformationobtainedfromdecompilingthecomputerprogramto any personwhenit isnotnecessaryforcreatinganindependentprogramto do so; or

“(d) the lawful user uses the information obtained from decompiling the computer program to create a program that is substantially similar in its expression to the program that has been decompiled; or

“(e) the lawful user uses the information obtained from decompiling the computer program to do any act that is restricted by copyright.

“(4) In this section, decompile means— “(a) toconvertacomputerprogramexpressedinalowlevel language into a versionexpressedinahigher level language; or “(b) tocopytheprogramasanecessaryincidentofconverting it into that version.

“80B Copying or adapting computer program if necessary for lawful use

“(1) The lawful user of a computer program (A) does not infringe copyright in it by copying or adapting it, if— “(a) copying or adapting it is necessary for A’s lawful use of the program (for example, to correct an error in the program); and “(b) a properly functioning and errorfree copy of the program is not available to A within a reasonable time at an ordinary commercial price.

“(2) Thissectiondoesnotapplytocopyingoradaptingthatispermitted under section 80A or 80C.

“80C Observing, studying, or testing of computer program The lawful user of a computer program (A) does not infringe copyright in it by observing, studying, or testing the functioning of the program in order to determine the ideas and principles that underlie any element of the program if A does so while performing the acts of loading, displaying, running, transmitting, or storing the program that A is entitled to do.

“80D Certain contractual terms relating to use of computer programs have no effect A term or condition in an agreement for the use of a computerprogramhasnoeffectinsofarasitprohibitsorrestricts any activity undertaken in accordance with section 80A(2) or 80B(1).”

44 New section 81A inserted

The following section is inserted after section 81: “81A Copying sound recording for personal use “(1) Copyright in a sound recording and in a literary or musical work contained in it is not infringed by copying the sound recording, if the following conditions are met: “(a) the sound recording is not a communication work or part of a communication work; and “(b) the copy is made from a sound recording that is not an infringing copy; and “(c) the sound recording is not borrowed or hired; and “(d) the copy is made by the owner of the sound recording; and “(e) that owner acquired the sound recording legitimately; and “(f) the copy is used only for that owner’s personal use or thepersonaluseofamemberofthehouseholdinwhich the owner lives or both; and “(g) no more than 1 copy is made for each device for playing sound recordings that is owned bythe owner of the sound recording; and “(h) theownerofthesoundrecordingretainstheownership ofboththesoundrecordingandofanycopythatismade under this section. “(2) For the avoidance of doubt, subsection (1) does not apply if the owner of the sound recording is bound by a contract that speciﬁesthecircumstancesinwhichthesoundrecordingmay be copied.”

45	New heading and new sections 82 to 84 substituted Sections 82 to 84, and the heading immediately above section 82arerepealedandthefollowingheadingandsectionssubstituted:
	“Communication works
“82	Recording for purposes of maintaining standards in
	programmes The author of a communication work does not infringe copyright in it, or in any work included in it, by recording it, if the recording is made and used solely for the purpose of checking on the maintenance of standards in communication works made by the author.
“83	Recording for purposes of complaining

“(1) A person (A) does not infringe copyright in a communication work,orinanyworkincludedinit,byrecordingitorcommunicatingit or bothto acomplaint authority, ifthe recording or the communication or both are done solely for the purpose of complaining to a complaint authority.

“(2) However, subsection (1) does not apply, and A does infringe copyright in the communication work recorded and in any work included in the recording, if A retains the recording for any longer than is reasonably necessary to prepare and despatch the complaint.

“(3) If a person infringes copyright under subsection (2), the recording is treated as an infringing copy.

“(4) In this section and in section 84, complaint authority means any person or body that is responsible for dealing with complaints about the content of communication works, including the content of advertisements in communication works.

“84 Recording for purposes of time shifting

“(1) A person (A) does not infringe copyright in a programme included in a communication work, or in any work included in it, by recording it, if— “(a) AmakestherecordingsolelyforA’spersonaluseorthe

personal use of a member of the household in which A

lives or both; and

“(b) Amakestherecordingsolelyforthepurposeofviewing or listening to the recordingat a more convenient time; and

“(c) the recording is not made from an ondemand service; and “(d) A has lawful access to the communication work at the time of making the recording.

“(2) However, subsection (1) does not apply, and A does infringe copyright in the communication work recorded and in any work included in the communication work, if— “(a) Aretainstherecordingforanylongerthanisreasonably necessary for viewing or listening to the recording at a more convenient time; or “(b) in the event that the person who views or listens to the recording wishes to make a complaint to a complaint authority,A retains the recording forany longerthan is reasonably necessary to prepare and despatch the complaint.

“(3) If a person infringes copyright under subsection (2), the recording is treated as an infringing copy.

Example

A records a movie to be screened on television because she will beatworkwhenitscreens. Shewatchesthemovieontheweekendandthenlatertapesoverit. Providedtheconditionsins84(1) are met, the copy that A makes is not an infringing copy. BcopiesmusicfromastreamedInternetaudioserviceandkeeps the copy as part of B’s music collection, in order to listen to it multiple times on demand. Copies made for the home library or collection in this way are infringing copies.

46 Incidental recording for purposes of broadcast or cable programme

(1): Theheadingto section85 isamendedbyomitting“broadcast or cable programme” and substituting “communication”.
(2): Section85 isamendedbyrepealingsubsection(1)andsubstituting the following subsection:

“(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.”
(3)	Section85(2)isamendedbyomitting“broadcastorcablepro
	gramme” and substituting “communication work”.
(4)	Section 85(3)(b) is amended by omitting “broadcasting the
	work or, as the case may be, including the work in a cable
	programme”andsubstituting“communicatingtheworktothe
	public”.
47	Section 86 repealed
	Section 86 is repealed.
48	New sections 87 to 87B substituted
	Section 87 is repealed and the following sections substituted:
“87	Free public playing or showing of communication work

“(1) Thefreepublicplayingorshowingofacommunicationwork (other than a communication work to which section 87A applies or a communication work for which a subscription fee mustbepaidinordertoreceiveit)doesnotinfringeanycopyright in— “(a) the communication work; or “(b) any sound recording or ﬁlm included in the communi

cation work. “(2) Forthepurposesofthissection,thepublicplayingorshowing of a communication work is not free if— “(a) the audience has paid for admission to— “(i) the place where the communication work is shown or played (which in this section is called the venue); or “(ii) any place of which the venue is a part; or “(b) goodsorservicesaresuppliedatthevenueoraplaceof which it forms part at prices that—

“(i) are substantially attributable to the facilities afforded for hearing or seeing the communication work; or

“(ii) exceed those usually charged there and that are partly attributable to those facilities; or

“(c) the venue is a hotel, motel, camping ground, or any otherplacethatadmitspersonsforafeeforpurposesof temporary accommodation, and the audience is made up of persons residing at that hotel, motel, camping ground, or other place.

“(3) For the purposes of subsection (2)(a), the following persons mustnotbetreatedashavingpaidforadmissiontothevenue: “(a) a person admitted as a resident or an inmate of a place (otherthanahotel,motel,campingground,oranyother place to which subsection (2)(c) applies): “(b) a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing communication works is only incidental to the main purposes of the club or society.

“87A Free public playing or showing of communication work that is simultaneous with reception

“(1) This section applies to the playing or showing of a communication work that— “(a) ismadeforreceptionintheareainwhichitisplayedor shown; and “(b) is not a communication work for which a subscription fee must be paid in order to receive it; and “(c) isshownorplayedsimultaneouslyuponreceptionofthe communication work.

“(2) Thefreepublicplayingorshowingofacommunicationwork to which this section applies does not infringe any copyright in— “(a) the communication work; or “(b) any sound recording or ﬁlm that is played or shown in

public by reception of the communication work. “(3) Forthepurposesofthissection,thepublicplayingorshowing of a communication work is not free if—

“(a) the audience has paid for admission to the place where the communication work is shown or played (which in this sectioniscalledthe venue),includinganyplaceof which the venue is a part; or

“(b) goodsorservicesaresuppliedatthevenueoraplaceof which it forms part at prices that— “(i) are substantially attributable to the facilities af

forded for hearing or seeing the communication work; or “(ii) exceed those usually charged there and that are partly attributable to those facilities.

“(4) For the purposes of subsection (3)(a), the following persons mustnotbetreatedashavingpaidforadmissiontothevenue: “(a) a person admitted as a resident or an inmate of a place (including a person residing in a hotel, motel, camping ground,orany otherplacethat admitspersonsforafee for the purpose of temporary accommodation): “(b) a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing communication works is only incidental to the main purposes of the club or society.

“87B Assessment of damages for infringement of copyright in sound recording or ﬁlm Where the making of a communication work is an infringement of copyright, the fact that the work was heard or seen in public by the reception of the communication work must be taken into account in assessing the damages for the infringement.”

49 Reception and retransmission of broadcast in cable programme service Section 88 is amended by adding the following subsection:

“(4) For the purposes of this section only,— “(a) sections 3 and 4 of this Act before repeal by the Copyright (New Technologies) Amendment Act 2008 continue to applyasif they had notbeenrepealed andasif

references in those provisions to ‘this Act’ were references to this section; and

“(b) the deﬁnition of broadcast in section 2(1) of this Act before repeal by the Copyright (New Technologies) Amendment Act 2008 continues to apply as if that deﬁnition had not been repealed.”

50 New section 89 substituted Section 89 is repealed and the following section substituted:

“89 Provision of subtitled copies of communication work

“(1) AbodyprescribedbyregulationmadeunderthisActmay,for thepurposeof providingpeoplewhoare deaforhardofhearing, or physically or mentally disabled in any other way, with copiesthataresubtitledorotherwisemodiﬁedfortheirspecial needs,makecopiesofacommunicationworkandissuecopies tothepublic, without infringing any copyrightinthecommunication work or in any work included in the communication work.

“(2) A body must not be prescribed for the purposes of subsection

(1) if it is established or conducted for proﬁt.”

51 Recording for archival purposes Section90 isamendedbyrepealingsubsection(1)andsubstituting the following subsection:

“(1) A person (A) does not infringe copyright in a communication work, or inany workincludedinit,byrecording itormaking a copy of a recording of it, if— “(a) thecommunicationworkisinaclassofcommunication work prescribed by regulations made under this Act; and “(b) A makes the recording or the copy for the purpose of placingitinanarchivemaintainedbyabodyprescribed by regulations made under this Act.”

52 Recording by media monitors

(1) Section91 isamendedbyrepealingsubsection(1)andsubstituting the following subsections:

“(1) Thissectionappliestoarecording,oratranscriptofarecording,ofacommunicationworkthatconsistswhollyorsubstantially of news or reports or discussions of current events.

“(1A) The person who makes the recording or transcript does not infringecopyrightinthecommunicationwork,orinanywork includedinthecommunicationwork,iftheconditionsinsubsection (2) are complied with.”

(2): Section 91(2) is amended by omitting “subsection (1)” and substituting “subsection (1A)”.
(3): Section 91(4) is amended by omitting “broadcasts or cable programmes” and substituting “the communication work”.

53 New heading and new sections 92A to 92E inserted

The following heading and sections are inserted after sec tion 92: “Internet service provider liability “92A Internetserviceprovidermusthavepolicyforterminating accounts of repeat infringers

“(1) AnInternetserviceprovidermustadoptandreasonablyimplementapolicythatprovidesfortermination,inappropriatecircumstances, of theaccount with that Internet service provider of a repeat infringer.

“(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more oftheInternetservicesoftheInternetserviceprovidertodoa restricted act without the consent of the copyright owner.

“92B Internet service provider liability if user infringes copyright

“(1) Thissectionappliesifaperson(A)infringesthecopyrightina workbyusing1ormoreoftheInternetservicesofanInternet service provider to do a restricted act without the consent of the copyright owner.

“(2) MerelybecauseAusestheInternetservicesoftheInternetservice provider in infringing the copyright, the Internet service provider, without more,— “(a) does not infringe the copyright in the work:

“(b) must not be taken to have authorised A’s infringement of copyright in the work: “(c) subjecttosubsection(3),mustnotbesubjecttoanycivil remedy or criminal sanction.

“(3) However, nothing in this section limits the right of the copyright owner to injunctive relief in relation to A’s infringement or any infringement by the Internet service provider.

“(4) In subsections (1) and (2), Internet services means the services referred to in the deﬁnition of Internet service provider in section 2(1).

“92C Internet service provider liability for storing infringing material

“(1) This section applies if— “(a) anInternetserviceproviderstoresmaterialprovidedby a user of the service; and “(b) the material infringes copyright in a work (other than as a result of any modiﬁcation by the Internet service provider).

“(2) The Internet service provider does not infringe copyright in the work by storing the material unless— “(a) the Internet service provider— “(i) knows or has reason to believe that the material infringes copyright in the work; and “(ii) does not, as soon as possible after becoming aware of the infringing material, delete the material or prevent access to it; or “(b) theuseroftheservicewhoprovidedthematerialisacting on behalf of, or at the direction of, the Internet service provider.

“(3) Acourt,indeterminingwhether,forthepurposesofsubsection (2),anInternetserviceproviderknowsorhasreasontobelieve thatmaterialinfringes copyright inawork,musttakeaccount of all relevant matters, including whether the Internet service provider has received a notice of infringement in relation to the infringement.

“(4) An Internet service provider who deletes a user’s material or prevents access to it because the Internet service provider knows or has reason to believe that it infringes copyright in a work must, as soon as possible, give notice to the user that the material has been deleted or access to it prevented.

“(5) Nothing in this section limits the right of the copyright owner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider.

“92D Requirements for notice of infringement A notice referred to in section 92C(3) must— “(a) containtheinformationprescribedbyregulationsmade under this Act; and “(b) be signed by the copyright owner or the copyright owner’s duly authorised agent.

“92E Internet service provider does not infringe copyright by caching infringing material

“(1) An Internet service provider does not infringe copyright in a work by caching material if the Internet service provider— “(a) does not modify the material; and “(b) complieswithanyconditionsimposedbythecopyright owner of the material for access to that material; and “(c) does not interfere with the lawful use of technology to obtain data on the use of the material; and “(d) updates the material in accordance with reasonable industry practice.

“(2) However,anInternetserviceproviderdoesinfringecopyright in a work by caching material if the Internet service provider does not delete the material or prevent access to it by users as soon as possible after the Internet service provider became aware that— “(a) the material has been deleted from its original source; or “(b) access to the material at its original source has been prevented; or “(c) a court has ordered that the material be deleted from its original source or that access to the material at its original source be prevented.

“(3) Nothing in this section limits the right of the copyright owner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider.

“(4) In this section,— “cache means the storage of material by an Internet service provider that is— “(a) controlled through an automated process; and “(b) temporary; and “(c) for the sole purpose of enabling the Internet service provider to transmit the material more efﬁciently to other users of the service on their request “original source means the source from which the Internet service provider copied the material that is cached.”

54 Subsequent dealings with copies made under this Part

Section93 isamendedbyrepealingsubsection(2)andsubstituting the following subsection: “(2) The provisions referred to in subsection (1) are as follows: “(a) section 43A (which relates to transient reproduction of work):

“(b) section44(whichrelatestocopyingforeducationalpurposesofliterary,dramatic,musical,orartisticworksor typographical arrangements):

“(c) section 44A (which relates to storing for educational purposes): “(d) section45(whichrelatestocopyingforeducationalpurposes of ﬁlms and sound recordings): “(e) section 48 (which relates to recording by educational establishments of communication works): “(f) section49(whichrelatestothingsdoneforthepurposes of an examination): “(g) section 51 (which relates to copying by librarians of parts of published works): “(h) section 52 (which relates to copying by librarians of articles in periodicals): “(i) section 53 (which relates to copying by librarians for users of other libraries): “(j) section 55 (which relates to copying by librarians or archivists to replace copies of works):

“(k) section 56 (which relates to copying by librarians or archivists of certain unpublished works): “(l) sections56Ato56C(whichrelatetoaccesstoandcopying of works in digital format): “(m) section 58 (which relates to copying by the Parliamentary Library for members of Parliament): “(n) section 69 (which relates to the provision of Braille copies of literary or dramatic works): “(o) section80A(whichrelatestothedecompilationofcomputer programs): “(p) section80B(whichrelatestocopyingoradaptingcomputer programs if necessary for lawful use): “(q) section81A(whichrelatestocopyingsoundrecordings for private and domestic use): “(r) section 83 (which relates to recording for the purposes of complaining): “(s) section 84 (which relates to recording for the purposes of time shifting): “(t) section 90 (which relates to recording for archival purposes): “(u) section 92C (which relates to Internet service provider liability for storing infringing material): “(v) section 92E (which relates to Internet service provider liability for caching infringing material).”

55 Right to be identiﬁed as author or director

(1): Section 94(2)(a) is amended by omitting “broadcast, or in cluded in a cable programme” and substituting “or communicated to the public”.
(2): Section 94(6)(b) is amended by omitting “broadcast or in cluded in a cable programme” and substituting “communicated to the public”.
(3): Section94(8) isamendedbyrepealingparagraph(a)andsubstituting the following paragraph: “(a) theﬁlmisshowninpublicorcommunicatedtothepub

lic; or”.

56	Content of right to be identiﬁed Section95(1)(c)isamendedbyomitting“broadcast,cableprogramme” and substituting “communication work”.
57 (1)	Exceptions to right to be identiﬁed Section 97 is amended by repealing subsection (3) and substituting the following subsection:

“(3) The right is not infringed by an act that, under any of the followingprovisionsofthisAct,wouldnotinfringecopyrightin the work: “(a) section 41 (which relates to incidental copying of a

work): “(b) section42(whichrelatestocriticism,review,andnews reporting): “(c) section 43A (which relates to transient reproduction of work): “(d) section49(whichrelatestothingsdoneforthepurposes of an examination): “(e) section 59 (which relates to parliamentary and judicial proceedings): “(f) section 60 (which relates to Royal commissions and statutory inquiries):

“(g) section 67 (which relates to acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works):

“(h) section81A(whichrelatestocopyingsoundrecordings for private and domestic use).”

(2) Section97(8) isamendedbyrepealingparagraph(b)andsubstituting the following paragraph: “(b) a part of a ﬁlm, if that part—

“(i) appears incidentally in another ﬁlm, or is included in a communication work; and “(ii) is not a substantial part of the ﬁlm.”

58 Content of right to object to derogatory treatment

(1): Section 99(1)(a) is amended by omitting “broadcasts, or includes in a cable programme” and substituting “or communicates to the public”.
(2): Section 99(2)(a) is amended by omitting “broadcasts or in cludesinacableprogramme”andsubstituting“communicates to the public”.
(4): Section99(4)(c) isamendedbyrepealingsubparagraph(i)and substituting the following subparagraph:

“(i) plays in public or communicates to the public; or”.

59 Exceptions to right to object to derogatory treatment of ﬁlms

(1) Section101(3) isamendedbyrepealingparagraphs(a)and(b) and substituting the following paragraph: “(a) in relation to the communication of a ﬁlm,— “(i) complying with a duty imposed under section 4 of the Broadcasting Act 1989; or “(ii) maintainingstandardsthatareconsistentwiththe observance of good taste and decency and the maintenance of law and order; or

“(iii) avoiding the commission of an offence; or “(iv) complying with a duty imposed by or under any enactment—”.

(2) Section 101 is amended by repealing subsection (6) and sub stituting the following subsection:

“(6) Therightisnotinfringed,inrelationtothecommunicationofa ﬁlmtothepublic,iftheperson(A)communicatingtheﬁlm— “(a) makes a deletion or any deletions from the ﬁlm that is

or are reasonably required to enable A to— “(i) followguidelinesastotheprogrammesthatmay be shown in particular time periods; or “(ii) ﬁttheﬁlmintothetimescheduledtoshowit;or “(b) communicates the ﬁlm in separate parts because of its length; or “(c) usesaclipofaﬁlminanadvertisementfortheshowing of the ﬁlm.”

60 False attribution of identity of author or director Section 102 is amended by repealing subsection (4) and sub stituting the following subsection:

“(4) A person (A) infringes a right under subsection (2) if— “(a) Aperformsaliterary,dramatic,ormusicalworkinpublic, or shows a ﬁlm to the public, or communicates the work or ﬁlm to the public; and “(b) the work or ﬁlm is accompanied by a false attribution; and “(c) A knows or has reason to believe that the attribution is false.”

61 False representation as to literary, dramatic, or musical work Section 103 is amended by repealing subsection (4) and sub stituting the following subsection:

“(4) Aperson(A)infringestherightconferredbysubsection(2)if Aperformsinpublic,orcommunicatestothepublic,aliterary, dramatic, or musical work, accompanied by a false representation,andAknowsorhasreasontobelievethattherepresentation is false.”

62 Right to privacy of certain photographs and ﬁlms

(1): Section105(1) isamendedbyrepealingparagraph(c)andsubstituting the following paragraph: “(c) not to have the work communicated to the public.”
(2): Section105(3)(a) isamendedbyomitting “broadcastorcable programme” and substituting “or communication work”.

63 New sections 112 to 112B substituted

The principal Act is amended by repealing section 112 and

substituting the following sections:

“112 Warranty implied in certain licences

“(1) This section applies to a licence that has been granted for— “(a) the performance or communication to the public of a copyright work that is a literary, dramatic, or musical work or a sound recording or ﬁlm; or “(b) theinclusionofacopyrightworkthatisanartisticwork in a performance or a communication work.

“(2) A warranty is implied in the licence that the person by whom or on whose behalf the licence is granted is— “(a) theownerofthecopyrightinthework,soundrecording, or ﬁlm that is the subject of the licence; or “(b) authorisedtograntthelicencebythecopyrightowner.

“112A Damages for falsely claiming copyright ownership or licence

“(1) This section applies if— “(a) aperson(A)falselyclaimstobe,ortohavebeengranted alicenceby or on behalf of,theownerofthecopyright in a literary, dramatic, musical, or an artistic work or a sound recording or ﬁlm; and “(b) A has threatened or commenced proceedings for preventing, or claiming damages in respect of, a performanceorcommunicationtothepublicofthework,sound recording, or ﬁlm (which in this section is called the event); and “(c) as a result of the threat or commencement of proceedings, the event has not taken place.

“(2) Acourtmayawarddamagestocompensateanyofthefollowing persons for any loss sustained because the event did not take place: “(a) in the case of a threat of proceedings, the person to whom A made the threat: “(b) inthecaseofthecommencementofproceedings,adefendant: “(c) any other person interested in the event.

“112B Provisions of sections 112 and 112A to have effect no matter what licence says Theprovisionsofsections112and112Ahaveeffectnomatter what any licence may say, and extend to all licences whether granted before or after the commencement of this Act.”

Part 2 AmendmentstoParts6to11ofCopyright Act 1994

64 Presumptions relevant to computer programs, sound recordings, and ﬁlms

(1): Section 128(5) is amended by omitting “public, broadcast, or included in a cable programme” and substituting “public or communicated to the public”.
(2): Section 128(6) is amended by omitting “public, broadcast, or includedinacableprogramme”ineachplacewhereitappears and substituting in each case “public or communicated to the public”.

65 Unjustiﬁed proceedings

Section130(1) isamendedbyinserting “oracontraventionof section 226A” after “copyright”.

66 Criminal liability for making or dealing with infringing objects

Section 131(4) is amended by omitting “broadcast or cable programme” and substituting “communication work”.

67 Works of more than one author

Section 147 is amended by repealing subsection (2) and sub stituting the following subsection:

“(2) Insubsection(1), groupofcompanies meansaholdingcompany and its subsidiaries as deﬁned in sections 5 and 6 of the Companies Act 1993.”

68 Licensing schemes to which sections 149 to 155 apply

(2): Section 148(b) is amended by omitting “broadcasts, or cable programmes” and substituting “communication works”.

(3)	Section 148(d) is amended by repealing subparagraphs (iii) and (iv) and substituting the following subparagraph: “(iii) recordinginthecircumstancessetoutinsections 48(1) and 91(2);—”.
69 (1) (2)	Licences to which sections 157 to 160 apply Section156(a)isamendedbyrepealingsubparagraph(iii)and substituting the following subparagraph: “(iii) authorisethecopyingoftheworkortheperformance, showing, or playing of the work in public orthecommunicationoftheworktothepublic:”. Section 156(b) is amended by omitting “broadcast, or cable programme” and substituting “communication work”.
70	New section 163 substituted
	The principal Act is amended by repealing section 163 and substituting the following section:

“163 Licences for educational establishments in respect of works included in communication works

“(1) This section applies to references or applications made under this Part in relation to licences for— “(a) therecording,foreducationalpurposes,byoronbehalf

ofeducationalestablishments,ofcommunicationworks that include copyright works; or “(b) making copies of those recordings for educational purposes.

“(2) When this section applies, the Tribunal must, in considering whatcharges(ifany)shouldbepaidforalicence,haveregard totheextenttowhichtheownersofthecopyrightintheworks includedinthecommunicationworkhavealreadyreceived,or are entitled to receive, payment in respect of their inclusion.”

71 Licences to reﬂect conditions imposed by promoters of events

(1): Section 164(1) is amended by omitting “broadcast, or cable programme” and substituting “or communication work”.
(2): Section164(2)(b) isamendedbyomitting“broadcast,orcable programme” and substituting “or communication work”.

72 Licences to reﬂect payments in respect of underlying rights Section 165(2) is amended by—

(a): omitting“broadcasts,orcableprogrammes”andsubstituting “or communication works”; and
(b): omitting “broadcast, or cable programme” and substituting “or communication work”.

73 Licences in respect of works included in retransmissions Section 166 is amended by repealing subsection (1) and sub stituting the following subsection:

“(1) This section applies to applications under this Part in relation to licences to include literary, dramatic, musical, or artistic works or sound recordings or ﬁlms in a communication work when one communication work (in this section referred to as theﬁrsttransmission)is,byreceptionandimmediateretransmission,tobefurthercommunicatedtothepublic(inthissection referred to as the further transmission).”

74 Determination of equitable remuneration Section168(1)(e) isamendedbyomitting “broadcastorcable programme” and substituting “communication work”.

75 Interpretation

(2): Paragraph (b) of the deﬁnition of recording in section 169 is amended by omitting “broadcast of, or a cable programme thatincludes,” andsubstituting “communicationworkthatincludes”.

76 Application Section170(4)(a) isamendedbyomitting “broadcastorcable programme” and substituting “communication work”.

77 Consent required for recording or live transmission of performance

Section171(1) isamendedbyrepealingparagraph(b)andsub stituting the following paragraph: “(b) communicates live to the public the whole or any sub

stantial part of a performance.”

78 New section 172 substituted

Section 172 is repealed and the following sectionsubstituted: “172 Infringement by use of recording made without performer’s consent A person (A) infringes a performer’s rights if— “(a) without the performer’s consent and by means of a recording, A shows in public, plays in public, or communicates to the public the whole or a substantial part of a performance; and “(b) the recording was made without the performer’s consent; and “(c) Aknowsorhasreasontobelievethattherecordingwas made without the performer’s consent.”

79 Incidental inclusion of performance or recording

Section 175 is amended by repealing subsection (1) and sub stituting the following subsection: “(1) The rights conferred by this Part are not infringed by— “(a) the incidental inclusion of a performance or recording in a sound recording, ﬁlm, or communication work; or

“(b) theplayingofasoundrecording,theshowingofaﬁlm, orthemakingofacommunicationwork,wheretheperformance or sound recording has been incidentally includedinthatsoundrecording,ﬁlm,orcommunication work; or

“(c) the issue to the public of copies of a sound recording, ﬁlm, or communication work in which a performance or recording has been incidentally included.”

80 New section 175A inserted

The following section is inserted after section 175:

“175A Transient reproduction of recording of performance Areproductionofarecordingofaperformanceofaworkdoes not infringe the rights conferred by this Part in the recording if the reproduction— “(a) is transient or incidental; and “(b) is a necessary part of a technological process for the

viewing of, or listening to, the recording by a member of the public to whom the recording is lawfully made available; and

“(c) has no independent economic signiﬁcance.”

81 Playing or showing sound recording, ﬁlm, broadcast, or cable programme at educational establishment

(1): The heading to section 178 is amended by omitting “broadcast, or cable programme” and substituting “or communication work”.
(2): Section 178(1) is amended by omitting “broadcast, or cable programme” and substituting “or communication work”.

82 Recording of broadcasts and cable programmes by educational establishment

(1): The heading to section 179 is amended by omitting “broadcasts and cable programmes” and substituting “communication works”.
(2): Section 179 is amended by omitting “broadcast or cable programme” and substituting “communication work”.

83 Use of recordings of spoken works in certain cases

(1) Section 184 is amended by repealing subsection (1) and sub stituting the following subsection:

“(1) ItisnotaninfringementoftherightsconferredbythisPartto usearecordingofareadingorrecitationofaliterarywork(or to copy the recording and use the copy) if— “(a) it was made for the purpose of—

“(i) reporting current events; or “(ii) communicatingallorpartofthereadingorrecitation to the public; and “(b) the conditions in subsection (2) are complied with.”

(2) Section184(2)(a) isamendedbyomitting “broadcastorcable programme” and substituting “communication work”.

84 New section 187 substituted

Section 187 is repealed and the following sectionsubstituted: “187 Incidentalrecordingforpurposesofcommunicationwork “(1) A person who proposes to communicate a recording of a performance to the public in circumstances not infringing rights underthisPartdoesnotrequireconsentforthepurposesofthis Parttothemakingofthefurtherrecordingiftheconditionsin subsection (2) are complied with. “(2) Theconditionsreferredtoinsubsection(1)arethatthefurther recording— “(a) mustonlybeusedforcommunicatingittothepublicin circumstances notinfringingrightsunderthis Part;and “(b) mustbedestroyedwithin6monthsafterﬁrstbeingcommunicatedtothepublic,unlesstheMinisterhasauthorisedthepreservationoftherecordingintherecordsofa government department or in the national archives because of its documentary character or exceptional importance. “(3) Arecordingmadeinaccordancewiththissectionistreatedas an illicit recording— “(a) forthepurposesofanyuseinbreachoftheconditionin subsection (2)(a); and “(b) forallpurposesaftereitheroftheconditionsinsubsection (2) is broken.”

85 New sections 188 to 188B substituted Section188 isrepealedandthefollowingsectionssubstituted:

“188 Free public playing or showing of communication work

“(1) Thefreepublicplayingorshowingofacommunicationwork (other than a communicationworkto which section 188Aapplies or a communication work for which a subscription fee must be paid in order to receive it) does not infringe a right under this Part in relation to a performance or recording included in— “(a) the communication work; or

“(b) any sound recording or ﬁlm that is played or shown in public by reception of the communication work.

“(2) Forthepurposesofthissection,thepublicplayingorshowing of a communication work is not free if— “(a) the audience has paid for admission to— “(i) the place where the communication work is shown or played (which in this section is called the venue); or “(ii) any place of which the venue is a part; or “(b) goodsorservicesaresuppliedatthevenueoraplaceof which it forms part at prices that— “(i) are substantially attributable to the facilities afforded for hearing or seeing the communication work; or “(ii) exceed those usually charged there and that are partly attributable to those facilities; or “(c) the venue is a hotel, motel, camping ground, or any other place that admits persons for a fee for the purposesoftemporaryaccommodation,andtheaudienceis made up of personsresidingat thathotel, motel, camping ground, or other place.

“188A Free public playing or showing of communication work that is simultaneous with reception

“(1) This section applies to the playing or showing of a communication work that— “(a) ismadeforreceptionintheareainwhichitisplayedor shown; and

“(b) is not a communication work for which a subscription fee must be paid in order to receive it; and “(c) isplayedorshownsimultaneouslyuponreceptionofthe communication work.

“(2) Thefreepublicplayingorshowingofacommunicationwork towhichthissectionappliesdoesnotinfringearightunderthis Part in relation to a performance or recording included in— “(a) the communication work; or “(b) any sound recording or ﬁlm that is played or shown in

public by reception of the communication work. “(3) Forthepurposesofthissection,thepublicplayingorshowing of a communication work is not free if— “(a) the audience has paid for admission to the place where the communication work is played or shown (which in this sectioniscalledthe venue),includinganyplaceof which the venue is a part; or “(b) goodsorservicesaresuppliedatthevenueoraplaceof which it forms part at prices that— “(i) are substantially attributable to the facilities afforded for hearing or seeing the communication work; or “(ii) exceed those usually charged there and that are partly attributable to those facilities. “(4) For the purposes of subsection (3)(a), the following persons mustnotbetreatedashavingpaidforadmissiontothevenue: “(a) a person admitted as a resident or an inmate of a place (including a person residing in a hotel, motel, camping ground,oranyotherplacethatadmitspersonsforafee) for the purpose of temporary accommodation: “(b) a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing communication works is only incidental to the main purposes of the club or society.

“188B Assessment of damages for infringement of rights under this Part in relation to performance or recording Where the making of a communication work is an infringement of rights under this Part in relation to a performance or recording,thefactthattheworkwasheardorseeninpublicby the reception of the communication work must be taken into account in assessing the damages for the infringement.”

86 Section 189 repealed

Section 189 is repealed.

87 New section 190 substituted Section 190 is repealed and the following sectionsubstituted:

“190 Provision of subtitled copies of communication work

“(1) A prescribed body that makes a recording of a communication work for the purpose of providing people who are deaf or hard of hearing or physically or mentally disabled in any otherwaywithcopiesthataresubtitledorotherwisemodiﬁed for their special needs, does not infringe any right under this Part in relation to a performance or recording included in that communication work.

“(2) A body must not be prescribed for the purposes of subsection

(1) if it is established or conducted for proﬁt.”

88 New section 191 substituted

Section 191 is repealed and the following sectionsubstituted: “191 Recording of communication work for archival purposes “(1) Any person (A) who records, or makes a copy of a recording of, a communication work does not infringe any right under this Part in relation to a performance or recording included in the communication work if— “(a) thecommunicationworkfallswithinaprescribedclass; and “(b) Amakestherecordingorthecopyforthepurposeofit being placed in an archive maintained by a prescribed body. “(2) A body must not be prescribed for the purposes of subsection

(1) if it is established or conducted for proﬁt.”

89 Criminal liability for making, dealing with, using, or copying illicit recordings Section198(2) isamendedbyrepealingparagraph(b)andsubstituting the following paragraph: “(b) communicated to the public.”

90 New heading and new sections 226 to 226J substituted Section 226 and the heading immediately above section 226 are repealed and the following heading and sections substituted:

“Technological protection measures

“226 Deﬁnitions of TPM terms In sections 226A to 226E, unless the context otherwise requires,—

“TPM or technological protection measure—

“(a) means any process, treatment, mechanism, device, or system that in the normal course of its operation preventsorinhibitstheinfringementofcopyrightinaTPM 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 noninfringing purposes (for example, it does not include a process, treatment, mechanism, device, or system to the extent that it controlsgeographicmarketsegmentationbypreventingthe playbackinNewZealandofanoninfringingcopyofa work)

“TPMcircumventiondevicemeansadeviceormeansthat—

“(a) isprimarilydesigned,produced,oradaptedforthepurpose of enabling or facilitating the circumvention of a technological protection measure; and

“(b) has only limited commercially signiﬁcant application exceptforitsuseincircumventingatechnologicalprotection measure

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

“226A Prohibited conduct in relation to technological protection measure

“(1) A person (A) must not make, import, sell, distribute, let for hire, offer or expose for sale or hire, or advertise for sale or hire,aTPMcircumventiondevicethatappliestoatechnological protection measure if A knows or has reason to believe that it will, or is likely to, be used to infringe copyright in a TPM work.

“(2) Aperson(A)mustnotprovideaservicetoanotherperson(B) if— “(a) AintendstheservicetoenableorassistBtocircumvent a technological protection measure; and “(b) A knows or has reason to believe that the service will, or is likely to, be used to infringe copyright in a TPM work.

“(3) Aperson(A)mustnotpublishinformationenablingorassisting another person to circumvent a technological protection measure if A intends that the information will be used to infringe copyright in a TPM work.

“226B Rights of issuer of TPM work

“(1) This section applies if a TPM work is issued to the public by, or under licence from, the copyright owner.

“(2) TheissueroftheTPMworkhasthesamerightsagainstaperson who contravenes section 226A as a copyright owner has in respect of an infringement of copyright.

“(3) TheissueroftheTPMworkhasthesamerightsundersection 122 (order for delivery up in civil proceedings) or 132 (order for delivery up in criminal proceedings) in relation to a TPM circumvention device as a copyright owner has in relation to an infringing copy.

“(4) Sections126to129(whichrelatetocertainpresumptions)apply in relation to proceedings under this section.

“(5) Section 134 (order as to disposal of infringing copy or other object)applies,withallnecessarymodiﬁcations,inrelationto the disposal of anything that is delivered up under subsection (3).

“226C Offence of contravening section 226A

“(1) A person (A) commits an offence who, in the course of business, makes, imports, sells, distributes, lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, a TPM circumvention device that applies to a technological protection measure if A knows that it will, or is likely to, be used to infringe copyright in a TPM work.

“(2) A person (A) commits an offence who, in the course of business, provides a service to another person (B) if— “(a) AintendstheservicetoenableorassistBtocircumvent a technological protection measure; and “(b) Aknowsthattheservicewill,orislikelyto,beusedto infringe copyright in a TPM work.

“(3) A person (A) commits an offence who, in the course of business, publishes information enabling or assisting another person to circumvent a technological protection measure if A intendsthattheinformationwillbeusedtoinfringecopyrightin a TPM work.

“(4) A person who commits an offence under this section is liable on conviction on indictment to a ﬁne not exceeding $150,000 or a term of imprisonment not exceeding 5 years or both.

“226D When rights of issuer of TPM work do not apply

“(1) The rights that the issuer of a TPM work has under section 226Bdonotpreventorrestricttheexerciseofapermittedact.

“(2) The rights that the issuer of a TPM work has under section 226B do not prevent or restrict the making, importation, sale, orlettingforhireofaTPMcircumventiondevicetoenable— “(a) aqualiﬁedpersontoexerciseapermittedactunderPart 3 using a TPM circumvention device on behalf of the user of a TPM work; or “(b) apersonreferredtoinsection226E(3)toundertakeencryption research.

“(3) Inthissectionandinsection226E,qualiﬁedpersonmeans— “(a) the librarian of a prescribed library; or “(b) the archivist of an archive; or “(c) an educational establishment; or

“(d) anyotherpersonspeciﬁedbytheGovernorGeneralby Order in Council on the recommendation of the Minister.

“(4) A qualiﬁed person must not be supplied with a TPM circumvention device on behalf of a user unless the qualiﬁed person has ﬁrst made a declaration to the supplier in the prescribed form.

“(5) In this section,— “archive has the same meaning as in section 50(1) “archivist includes a person acting on behalf of the archivist “encryption technology means the scrambling and descram

bling of information using mathematical formulae or algo rithms “librarian includes a person acting on behalf of the librarian “prescribedlibraryhasthesamemeaningasinsection50(1).

“(6) In this section and in section 226E, encryption research means identifying and analysing ﬂaws and vulnerabilities of encryption technology.

“226E User’s options if prevented from exercising permitted act by TPM

“(1) Nothing in this Act prevents any person from using a TPM circumventiondevicetoexerciseapermittedactunderPart3.

“(2) The user of a TPM work who wishes to exercise a permitted actunderPart3butcannotpracticallydosobecauseofaTPM may do either or both of the following: “(a) apply to the copyright owner or the exclusive licensee forassistanceenablingtheusertoexercisethepermitted act: “(b) engageaqualiﬁedperson(see section226D(3))toexercisethe permitted act on the user’s behalf usingaTPM circumvention device, but only if the copyright owner or the exclusive licensee has refused the user’s request forassistanceorhasfailedtorespondtoitwithinareasonable time.

“(3) Nothing in this Act prevents any person from using a TPM circumvention device to undertake encryption research if that person—

“(a) is either—

“(i) engagedinacourseofstudyataneducationalestablishmentintheﬁeldofencryptiontechnology; or

“(ii) employed, trained, or experienced in the ﬁeld of encryption technology; and “(b) has either—

“(i) obtainedpermissionfromthecopyrightowneror exclusive licensee of the copyright to the use of a TPM circumvention device for the purpose of the research; or

“(ii) has taken, or will take, all reasonable steps to obtain that permission.

“(4) A qualiﬁed person who exercises a permitted act on behalf of the user of a TPM work must not charge the user more than a sum consisting of the total of the cost of the provision of the serviceandareasonablecontributiontothequaliﬁedperson’s general expenses.

“Copyright management information

“226F Meaning of copyright management information In sections 226G, 226H, and 226J CMI or copyright management information means information attached to, or embodied in, a copy of a work that— “(a) identiﬁes the work, and its author or copyright owner; or “(b) identiﬁesorindicatessomeorallofthetermsandconditions for using the work, or indicates that the use of the work is subject to terms and conditions.

“226G Interference with CMI prohibited

“(1) A person (A) must not remove or modify any copyright management information attached to, or embodied in, a copy of a work.

“(2) However, subsection (1) does not apply if— “(a) Ahastheauthorityofthecopyrightownerortheexclusive licensee to remove or modify the copyright management information; or

“(b) Adoesnotknow,andhasnoreasontobelieve,thatthe removal or modiﬁcation will induce, enable, facilitate, orconcealaninfringementofthecopyrightinthework.

“226H CommercialdealinginworksubjecttoCMIinterference

“(1) Aperson(A)mustnot,inthecourseofbusiness,make,import, sell, let for hire, offer or expose for sale or hire, or advertise forsaleorhire,acopyofaworkifanycopyrightmanagement information attached to, or embodied in, the copy has been removed or modiﬁed without the authority of the copyright owner or the exclusive licensee.

“(2) However, subsection (1) does not apply if— “(a) Ahastheauthorityofthecopyrightownerortheexclusive licensee to remove or modify the copyright management information; or “(b) Adoesnotknow,andhasnoreasontobelieve,thatthe removal or modiﬁcation will induce, enable, facilitate, orconcealaninfringementofthecopyrightinthework; or “(c) Adoesnotknow,andhasnoreasontobelieve,thatany copyright management information attached to, or embodiedin,thecopyhasbeenremovedormodiﬁedwithouttheauthorityofthecopyrightownerortheexclusive licensee.

“226I Contravention of section 226G or 226H Acopyrightownerorlicenseeofaworkhasthesamerightsin relationtoacontraventionofsection226Gor226Hasacopyright owner has in respect of an infringement of copyright.

“226J Offence of dealing in work subject to CMI interference

“(1) A person (A) who contravenes section 226H commits an offence if— “(a) A knows that the copyright management information has been removed or modiﬁed without the authority of the copyright owner or exclusive licensee; and “(b) A knows that dealing in the work will induce, enable, facilitate,orconcealaninfringementofthecopyrightin the work.

“(2) A person who commits an offence under subsection (1) is liable on conviction on indictment to a ﬁne not exceeding $150,000 or a term of imprisonment not exceeding 5 years or both.”

91	Offence of fraudulently receiving programmes Section 227(1) is amended by omitting “broadcasting service or cable programme service” and substituting “communication work”.
92	Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions Section 228(1)(b) is amended by omitting “broadcasting service or cable programme service” and substituting “communication work”.
93 (1)	Supplementary provisions as to fraudulent reception Section229(2)isamendedbyomitting“broadcastingservices or cable programme services” and substituting “communication works”.
(2)	Section 229(3) is amended by omitting “broadcasting service or cable programme service” and substituting “communication work”.
94	Application to Convention countries Section230(1)isamendedbyrepealingparagraph(d)andsubstituting the following paragraph: “(d) apply in relation to communication works communicated from any Convention country as they apply in relation to communication works communicated from
	New Zealand,—”.
95	Application of Act (other than Part 9) to other entities Section232(2)isamendedbyrepealingparagraph(d)andsubstituting the following paragraph: “(d) itappliestocommunicationworkscommunicatedfrom any Convention country as it applies to communication works communicated from New Zealand.”

96 Regulations

(1): Section 234(e) is amended by omitting “broadcasts or cable programmes” and substituting “communication works”.
(2): Section 234 is amended by inserting the following paragraph after paragraph (e): “(ea) prescribing the form of a notice of infringement for the

purposes of section 92D:”.

1 General

2 Status of reprints

3 How reprints are prepared

4 Changesmadeundersection17CoftheActsandRegulations Publication Act 1989

5 List of amendments incorporated in this reprint (most recent ﬁrst)

Notes

1 General

This is a reprint of the Copyright (New Technologies) Amendment Act 2008. The reprint incorporates all the amendments to the Act as at 31 October 2008, as speciﬁed in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the ofﬁcial volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted.

For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.

Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislationreprintedafter1January2000isinthenewformat forlegislationandreﬂectscurrentdraftingpracticeatthetime of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

• omission of unnecessary referential words (such as “of this section” and “of this Act”)

typefaceandtypesize(TimesRoman,generallyin11.5 point)

layout of provisions, including:

indentation
positionofsectionheadings(eg,thenumberand heading now appear above the section)

formatofdeﬁnitions(eg,thedeﬁnedtermnowappears in bold type, without quotation marks)
format of dates (eg, a date formerly expressed as “the 1stdayofJanuary1999”isnowexpressedas“1January 1999”)
positionofthedateofassent(itnowappearsonthefront page of each Act)
punctuation (eg, colons are not used after deﬁnitions)
Partsnumberedwithromannumeralsarereplacedwith arabic numerals, and all crossreferences are changed accordingly

case and appearance of letters and words, including:

format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the ﬁrst word (and any proper nouns) appearing with an initial capital letter)
small capital letters in section and subsection references are now capital letters

schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all crossreferences are changed accordingly
running heads (the information that appears at the top of each page)
format of twocolumn schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

List of amendments incorporated in this reprint (most recent ﬁrst)

Wellington, New Zealand: Published under the authority of the New Zealand Government—2008

Ley de 2008 que modifica la Ley de Derecho de Autor (Nuevas Tecnologías) (actualizada el 31 de octubre de 2008), Nueva Zelandia

Documentos disponibles

Reprint as at 31 October 2008

Copyright (New Technologies) Amendment Act 2008

Note

This Act is administered by the Ministry of Economic Development.

2 Commencement

3 Principal Act amended

4 Interpretation

7 Meaning of author

37 New sections 56A to 56C inserted

42 Representation of certain artistic works on public display

43 New sections 80A to 80D inserted

44 New section 81A inserted

“84 Recording for purposes of time shifting

Example

46 Incidental recording for purposes of broadcast or cable programme

49 Reception and retransmission of broadcast in cable programme service Section 88 is amended by adding the following subsection:

52 Recording by media monitors

53 New heading and new sections 92A to 92E inserted

“92B Internet service provider liability if user infringes copyright

“92C Internet service provider liability for storing infringing material

“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

58 Content of right to object to derogatory treatment

59 Exceptions to right to object to derogatory treatment of ﬁlms

62 Right to privacy of certain photographs and ﬁlms

63 New sections 112 to 112B substituted

“112A Damages for falsely claiming copyright ownership or licence

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

71 Licences to reﬂect conditions imposed by promoters of events

72 Licences to reﬂect payments in respect of underlying rights Section 165(2) is amended by—

75 Interpretation

77 Consent required for recording or live transmission of performance

78 New section 172 substituted

79 Incidental inclusion of performance or recording

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

86 Section 189 repealed

88 New section 191 substituted

“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

“226G Interference with CMI prohibited

“226H CommercialdealinginworksubjecttoCMIinterference

“226J Offence of dealing in work subject to CMI interference

96 Regulations

Contents

1 General

2 Status of reprints

3 How reprints are prepared

Changes made under section 17C of the Acts and Regulations Publication Act 1989

List of amendments incorporated in this reprint (most recent ﬁrst)