Регламент «Об авторских правах (общие вопросы)» 1995 года (в редакции от 31.10.2008 г.), Новая Зеландия

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.

These regulationsare administered by the Ministry of Economic Development.

5A Prescribed bodies, broadcasts or cable programmes, for purposes of section 90 of Act

(1)

The following bodies are prescribed bodies for the purposes of section 90 of the Act:

(a)

Radio New Zealand Limited: (ab) the National Library of New Zealand:

(b)

Archives New Zealand (Te Rua Mahara o te Kāwanatanga):

(c)

the New Zealand Cartoon Archive Trust:

(d)

the New Zealand Film Archive:

(e)

Sound Archives Nga Taonga Korero Limited.

(2)

The following classes are prescribed classes of broadcasts or cable programmes for the purposes of section 90 of the Act:

(a)

broadcasts or cable programmes broadcast or transmitted in New Zealand that—

(i)

feature New Zealand or New Zealanders; or

(ii)

areproducedormade,inwholeorinpart,inNew Zealand; or

(iii) areproducedormade,inwholeorinpart,by1or more New Zealanders, or that feature 1 or more NewZealandactors,writers,artists,orotherparticipants; or

(iv)

feature a royal event, or a sport played in New Zealand; or

(v)

otherwise contain subject matter of particular relevance to New Zealand or New Zealanders:

(b)

broadcasts or cable programmes that are broadcast or transmitted in New Zealand during any 24-hour period and that are recorded for that period to establish the programmes and broadcasts that were sent out to New Zealanders on a particular day.

Regulation5A:inserted,on1November1998,by regulation3 oftheCopyright (General Matters) Amendment Regulations 1998 (SR 1998/281).

Regulation 5A(1)(a): substituted, on 15 August 2003, by regulation 3 of the Copyright (GeneralMatters)Amendment Regulations2003 (SR 2003/162).

Regulation 5A(1)(ab): inserted, on 15 August 2003, by regulation 3 of the Copyright (GeneralMatters)Amendment Regulations2003 (SR 2003/162).

Regulation 5A(1)(b): substituted, on 21 April 2005, by section 67(2) of the Public Records Act 2005 (2005 No 40).

5B Notice to Internet service provider of infringement A notice to an Internet service provider under section 92C(3) of the Act must be in the form of a notice that—

(a)

contains the following information:

(i)

the name of the person signing the notice and thenameofthecopyrightownerorthecopyright owner’s duly authorised agent (if different from the person signing the notice):

(ii)

the contact details of the persons referred to in subparagraph (i), which must include telephone number, postal address, email address, and fax number (if a fax number is available):

(iii) the date and time when the alleged infringement was discovered:

(iv)

a description of the specific material that is alleged to be infringing:

(v)

the nature of the alleged infringement:

(vi)

theonlinelocationwheretheallegedlyinfringing material is found; and

(b)

is signed by—

(i)

the copyright owner; or

(ii)

the copyright owner’s duly authorised agent.

Regulation 5B: inserted, on 31 October 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352).

5C Declaration by qualified person in relation to TPM circumvention device A declaration by a qualified person under section 226D(4) of the Act must be in the form of a statement that—

(a)

contains the following information:

(i)

the name of the qualified person:

(ii)

the contact details of the qualified person, which must include telephone number, postal address, email address, and fax number (if a fax number is available):

(iii) thebasisonwhichthepersonmakingthedeclarationisaqualifiedpersonandauthorisedtomake the declaration:

(iv)

thenameandpostaladdressofthesupplierofthe TPM circumvention device:

(v)

thedateoftherequestforthequalifiedpersonto use the TPM circumvention device:

(vi)

a description of the purpose for which the use of the TPM circumvention device has been requested; and

(b)

statesthatitisthequalifiedperson’sintentiontousethe TPM circumvention device strictly in accordance with the Act; and

(c)

is signed by the qualified person.

Regulation 5C: inserted, on 31 October 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352).

Revocations

The following regulations are hereby consequentially revoked:

(a)

the Copyright (Prescribed Body) (Christian Ministries with Disabled Trust) Regulations 1995 (SR 1995/95):

(b)

the Copyright (Prescribed Body) (Royal New Zealand Foundation for the Blind) Regulations 1995 (SR 1995/42).

Marie Shroff, Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 13 July 1995.

Contents

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