- Copyright (Application to Other Countries) Order 1995
- Order in Council
- Contents
- Order
- Title and commencement
- Copyright in foreign works other than sound recordings, broadcasts, and cable programmes
- 4 Foreign works to which section 18(2) of Act does not apply
- 5 Foreign works to which section 18(2) of Act applies
- 6 Application of Act to foreign works to which section 18(2) of Act applies
- 7 Foreign works to which section 19(1)(b) of Act applies
- 8 Application of Act to foreign works to which section 19(1)(b) of Act applies
- Copyright in foreign works that are sound recordings
- Copyright in foreign works that are broadcasts
- Expenditure or liability incurred in connection with copyright work
- Transitional provision
- Performers’ rights
- Schedule 1
- Schedule 2
- Schedule 3
- Contents
- Notes
Reprint as at 7 December 2000
Copyright (Application to Other Countries) Order 1995
(SR 1995/145)
Catherine A Tizard, Governor-General
Order in Council
At Wellington this 10th day of July 1995
Present: Her Excellency the Governor-General in Council
Pursuant to sections 204 and 232 of the Copyright Act 1994, Her ExcellencytheGovernor-General,actingbyandwiththeadviceand consentoftheExecutiveCouncil,herebymakesthefollowingorder.
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 order is administered by the Ministry of Economic Development.
Contents
Page Reprinted as at7 December 2000 Copyright (Application to OtherCountries) Order 1995 cl 3 Schedule 3 Countries to which Part 9 of Copyright Act 1994 applies 17
Order 1 Title and commencement (1) ThisordermaybecitedastheCopyright(ApplicationtoOther Countries) Order 1995. (2) This order shall come into force on 1 January 1996. 2 Interpretation In this order, unless the context otherwise requires,— Act means the Copyright Act 1994 foreignworkmeansaworkthatdoesnotqualifyforcopyright underanyofsections18(1),19(1)(a),20(1)(a),20(2)(a),26,or 28 of the Act performance— (a) means a live performance, being— (i) a dramatic performance, including a dance, a mime, and a performance given with the use of puppets; or (ii) a musical performance; or (iii) a reading or recitation of a literary work; or (iv) aperformanceofavarietyactoranysimilarpres entation; but (b) does not include— (i) a performance referred to in section 47(1) of the Act; or (ii) areading,recital,ordeliveryofanyitemofnews and information; or (iii) a performance of a sporting activity; or (iv) participationinaperformanceasamemberofan audience. 3 Meaning of first published Forthepurposesofthisorder, publicationinonecountryshall not be regarded as other than the first publication by reason of 3
simultaneouspublicationelsewhere;andforthispurposepublicationelsewherewithintheprevious30daysshallbetreated as simultaneous.
Copyright in foreign works other than soundrecordings, broadcasts, and cable programmes
4 Foreignworkstowhichsection18(2)ofActdoesnotapply In section18(2) oftheAct,theterm work doesnot include—
- (a)
- a literary, dramatic, musical, or artistic work that is a foreign work that was first published before 1 April 1963; or
- (b)
- a literary, dramatic, musical, or artistic work that is a foreign work that was first published before 1 January 1995andwhoseauthorwasnot,atthematerialtime,—
- (i)
- a citizen or subject of a country specified in Schedule 1; or
- (ii)
- an individual domiciled or resident in a country specified in Schedule 1; or
(iii) a body incorporated under the law of a country specified in Schedule 1.
5 Foreign works to which section 18(2) of Act applies
- (a)
- the term work means a foreign work to which clause 4 does not apply and that is of one of the following descriptions:
- (i)
- a literary, dramatic, musical, or artistic work:
- (ii)
- a film:
(iii) a typographical arrangement of a published edition:
- (b)
- the term prescribed foreign country, in relation to a work to which paragraph (a) applies, means a country specified in Schedule 1.
6 Application of Act to foreign works to which section 18(2) of Act applies
Where, in accordance with clause 5, a foreign work qualifies forcopyrightunder section18(2) oftheAct,theprovisionsof the Act apply to that work, except that the provisions of Part 9 of the Act do not apply.
7 Foreign works to which section 19(1)(b) of Act applies
In section 19(1)(b) of the Act,—
- (a)
- the term work means a foreign work of one of the following descriptions:
- (i)
- a literary, dramatic, musical, or artistic work:
- (ii)
- a film:
(iii) a typographical arrangement of a published edition:
- (b)
- the term prescribed foreign country, in relation to a work to which paragraph (a) applies, means a country specified in Schedule 1.
8 Application of Act to foreign works to which section 19(1)(b) of Act applies Where, in accordance with clause 7, a foreign work qualifies forcopyrightunder section19(1)(b) oftheAct,theprovisions oftheActapplytothatwork,exceptthattheprovisionsof Part 9 of the Act do not apply.
Copyright in foreign works that are soundrecordings
9 Application of Act to sound recordings
Catherine A Tizard, Governor-General
At Wellington this 10th day of July 1995
Present: Her Excellency the Governor-General in Council
Pursuant to sections 204 and 232 of the Copyright Act 1994, Her ExcellencytheGovernor-General,actingbyandwiththeadviceand consentoftheExecutiveCouncil,herebymakesthefollowingorder.
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.
Page simultaneouspublicationelsewhere;andforthispurposepublicationelsewherewithintheprevious30daysshallbetreated as simultaneous.
Copyright in foreign works other than soundrecordings, broadcasts, and cable programmes
(iii) a body incorporated under the law of a country specified in Schedule 1.
Where, in accordance with clause 5, a foreign work qualifies forcopyrightunder section18(2) oftheAct,theprovisionsof the Act apply to that work, except that the provisions of Part 9 of the Act do not apply.
In section 19(1)(b) of the Act,— 8 Application of Act to foreign works to which section 19(1)(b) of Act applies Where, in accordance with clause 7, a foreign work qualifies forcopyrightunder section19(1)(b) oftheAct,theprovisions oftheActapplytothatwork,exceptthattheprovisionsof Part 9 of the Act do not apply.
Copyright in foreign works that are soundrecordings
9 Application of Act to sound recordings Order in Council
Note
This order is administered by the Ministry of Economic Development.
Contents
Reprinted as at7 December 2000 Copyright (Application to OtherCountries) Order 1995 cl 3 Schedule 3 Countries to which Part 9 of Copyright Act 1994 applies 17 Order
1 Title and commencement (1) ThisordermaybecitedastheCopyright(ApplicationtoOther Countries) Order 1995. (2) This order shall come into force on 1 January 1996. 2 Interpretation In this order, unless the context otherwise requires,— Act means the Copyright Act 1994 foreignworkmeansaworkthatdoesnotqualifyforcopyright underanyofsections18(1),19(1)(a),20(1)(a),20(2)(a),26,or 28 of the Act performance— (a) means a live performance, being— (i) a dramatic performance, including a dance, a mime, and a performance given with the use of puppets; or (ii) a musical performance; or (iii) a reading or recitation of a literary work; or (iv) aperformanceofavarietyactoranysimilarpres entation; but (b) does not include— (i) a performance referred to in section 47(1) of the Act; or (ii) areading,recital,ordeliveryofanyitemofnews and information; or (iii) a performance of a sporting activity; or (iv) participationinaperformanceasamemberofan audience. 3 Meaning of first published Forthepurposesofthisorder, publicationinonecountryshall not be regarded as other than the first publication by reason of 3 4 Foreignworkstowhichsection18(2)ofActdoesnotapply In section18(2) oftheAct,theterm work doesnot include—
5 Foreign works to which section 18(2) of Act applies
(iii) a typographical arrangement of a published edition: 6 Application of Act to foreign works to which section 18(2) of Act applies
7 Foreign works to which section 19(1)(b) of Act applies
(iii) a typographical arrangement of a published edition: