Copyright Act 1994
143
ANALYSIS
Analysis
Title
1 Short Title and commencement
2 Interpretation
3 Associated definitions for purposes of broadcasting
4 Meaning of ``cable programme service'', and associated definitions
5 Meaning of ``author''
6 Meaning of ``work of joint authorship''
7 Meaning of ``unknown authorship''
8 Meaning of ``copyright owner''
9 Meaning of ``issue to the public''
10 Meaning of ``publication''
11 Meaning of ``commercial publication''
12 Meaning of ``infringing copy''
13 Act to bind the Crown
I: Description, Ownership, and Duration of Copyright
Description of Copyright
14 Copyright in original works
15 Recording necessary for some works
16 Acts restricted by copyright
Qualification for Copyright
17 Qualification for copyright
18 Qualification by reference to author
19 Qualification by reference to country of first publication
20 Qualification by reference to place of transmission
Ownership of Copyright
21 First ownership of copyright
Duration of Copyright
22 Duration of copyright in literary, dramatic, musical, or artistic works
23 Duration of copyright in sound recordings and films
24 Duration of copyright in broadcasts and cable programmes
25 Duration of copyright in typographical arrangement of published editions
Crown Copyright
26 Crown copyright
27 No copyright in certain works
28 Copyright vesting in certain international organisations
II: Infringement of Copyright
Primary Infringement of Copyright
29 Infringement of copyright
30 Infringement by copying
31 Infringement by issue of copies to public
32 Infringement by performance or playing or showing in public
33 Infringement by broadcasting or inclusion in cable programme service
34 Infringement by making adaptation or act done in relation to adaptation
Secondary Infringement of Copyright
35 Importing infringing copy
36 Possessing or dealing with infringing copy
37 Providing means for making infringing copies
38 Permitting use of premises for infringing performance
39 Provision of apparatus for infringing performance, etc.
III: Acts Permitted in relation to Copyright Works
40 Provisions to be construed independently
41 Incidental copying of copyright work
42 Criticism, review, and news reporting
43 Research or private study
Education
44 Copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements
45 Copying for educational purposes of films and sound recordings
46 Anthologies for educational use
47 Performing, playing, or showing work in course of activities of educational establishment
48 Recording by educational establishments of broadcasts and cable programmes
49 Things done for purposes of examination
Libraries and Archives
50 Interpretation
51 Copying by librarians of parts of published works
52 Copying by librarians of articles in periodicals
53 Copying by librarians for users of other libraries
54 Copying by librarians for collections of other libraries
55 Copying by librarians or archivists to replace copies of works
56 Copying by librarians or archivists of certain unpublished works
57 Playing or showing sound recordings or films
Public Administration
58 Copying by Parliamentary Library for members of Parliament
59 Parliamentary and judicial proceedings
60 Royal commissions and statutory inquiries
61 Material open to public inspection or on official register
62 Material communicated to the Crown in course of public business
63 Use of copyright material for services of the Crown
64 Rights of third parties in respect of Crown use
65 Proceedings against the Crown
66 Acts done under statutory authority
Literary, Dramatic, Musical, or Artistic Works
67 Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works
68 Use of recording of spoken words in certain cases
69 Provision of Braille copies of literary or dramatic works
70 Public reading or recitation
71 Abstracts of scientific or technical articles
72 Recordings of folk-songs
73 Representation of certain artistic works on public display
74 Special exception from protection of literary or artistic works
75 Special exception from protection of artistic work that has been applied industrially
76 Special exception from protection of literary and artistic works relating to medicines
77 Making of subsequent works by same artist
78 Reconstruction of buildings
Computer Programs, Sound Recordings, and Films
79 Rental by educational establishments and libraries
80 Back-up copy of computer program
81 Playing of sound recordings for purposes of club, society, etc.
Broadcasts and Cable Programmes
82 Recording for purposes of maintaining standards in broadcasts and cable programmes
83 Recording for purposes of complaining
84 Recording for purposes of time shifting
85 Incidental recording for purposes of broadcast or cable programme
86 Photographs of television broadcasts or cable programmes
87 Free public playing or showing of broadcast or cable programme
88 Reception and retransmission of broadcast in cable programme service
89 Provision of subtitled copies of broadcast or cable programme
90 Recording for archival purposes
91 Recording by media monitors
Adaptations
92 Adaptations
Subsequent Dealings
93 Subsequent dealings with copies made under this Part
IV: Moral Rights
Right to be Identified as Author or Director
94 Right to be identified as author or director
95 Content of right to be identified
96 Right must be asserted
97 Exceptions to right to be identified
Right to Object to Derogatory Treatment of Work
98 Right to object to derogatory treatment of work
99 Content of right to object to derogatory treatment
100 Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work
101 Exceptions to right to object to derogatory treatment of films
False Attribution
102 False attribution of identity of author or director
103 False representation as to literary, dramatic, or musical work
104 False representations as to artistic work
Right to Privacy of Certain Photographs and Films
105 Right to privacy of certain photographs and films
Supplementary Provisions
106 Duration of rights
107 Consent and waiver of rights
108 Application of provisions to joint works other than films
109 Application of provisions to joint works that are films
110 Application of provisions to parts of works
V: Dealing with Rights in Copyright Works
Licences to Deal with Copyright Works
111 Licences
112 Warranty implied in certain licences
Transmission of Copyright
113 Transmission of copyright
114 Assignment
115 Copyright to pass under will with unpublished works
116 Future copyright
117 Right to make conditions in respect of certain unpublished works
Moral Rights
118 Moral rights not assignable
119 Transmission of moral rights on death
VI: Remedies for Infringement
Rights and Remedies of Copyright Owner
120 Infringement actionable by copyright owner
121 Provisions as to damages in infringement proceedings
122 Order for delivery up in civil proceedings
Rights and Remedies of Exclusive Licensee
123 Rights and remedies of exclusive licensee
124 Exercise of concurrent rights
Rights and Remedies in relation to Moral Rights
125 Infringement of moral rights actionable
Presumptions
126 Presumptions relevant to literary, dramatic, musical, or artistic works
127 Presumptions relevant to certain artistic works
128 Presumptions relevant to computer programs, sound recordings, and films
129 Presumptions relevant to works subject to Crown copyright
130 Unjustified proceedings
Offences
131 Criminal liability for making or dealing with infringing objects
132 Order for delivery up in criminal proceedings
133 Liability of officers of body corporate
Disposal of Infringing Copy or Other Object
134 Order as to disposal of infringing copy or other object
VII: Border Protection Measures
135 Definitions
136 Notice may be given to Comptroller of Customs
137 Determination whether item is pirated copy
138 Limitations on requirement to supply information
139 Notice of determination
140 Detention of pirated copy
141 Proceedings
142 Powers of Court
143 Inspection of item
144 Notice of parallel import may be given to Comptroller of Customs
145 Delegation of powers, duties, and functions
146 Protection of persons acting under authority of Act
VIII: Copyright Licensing
147 Works of more than one author
References and Applications with respect to Licensing Schemes
148 Licensing schemes to which sections 149 to 155 apply
References with respect to Licensing Schemes
149 Reference of proposed licensing scheme to Tribunal
150 Reference of licensing scheme to Tribunal
151 Further reference of scheme to Tribunal
152 Effect of order of Tribunal made on reference
Applications with respect to Licensing Schemes
153 Application for grant of licence in connection with licensing scheme
154 Application for review of order as to entitlement to licence
155 Effect of order of Tribunal made on application
References and Applications with respect to Licensing by Licensing Bodies
156 Licences to which sections 157 to 160 apply
157 Reference to Tribunal of proposed licence
158 Reference to Tribunal of expiring licence
159 Application for review of order as to licence
160 Effect of order of Tribunal as to licence
Factors to be Taken into Account in Certain Classes of Cases
161 Unreasonable discrimination
162 Licences for reprographic copying
163 Licences for educational establishments in respect of works included in broadcasts or cable programmes
164 Licences to reflect conditions imposed by promoters of events
165 Licences to reflect payments in respect of underlying rights
166 Licences in respect of works included in retransmissions
Implied Indemnity in Schemes or Licences for Reprographic Copying
167 Implied indemnity in certain schemes and licences for reprographic copying
168 Determination of equitable remuneration
IX: Performers' Rights
169 Interpretation
170 Application
Performers' Rights
171 Consent required for recording or live transmission of performance
172 Infringement by use of illicit recording
173 Copying of recordings
174 Infringement by importing, possessing, or dealing with illicit recording
Acts Permitted in relation to Performances
175 Incidental copying of performance or recording
176 Permitted acts in relation to performances, criticism, reviews, and news reporting
177 Things done for purposes of instruction or examination
178 Playing or showing sound recording, film, broadcast, or cable programme at educational establishment
179 Recording of broadcasts and cable programmes by educational establishment
180 Subsequent dealings
181 Parliamentary and judicial proceedings
182 Royal commissions and statutory inquiries
183 Acts done under statutory authority
184 Use of recordings of spoken works in certain cases
185 Recordings of folk-songs
186 Playing of sound recordings for purposes of club, society, etc.
187 Incidental recording for purposes of broadcast or cable programme
188 Free public playing or showing of broadcast or cable programme
189 Reception and retransmission of broadcast in cable programme service
190 Provision of subtitled copies of broadcast or cable programme
191 Recording of broadcast or cable programme for archival purposes
192 Power of Tribunal to give consent on behalf of performer
Duration and Transmission of Rights
193 Duration of rights
194 Transmission of rights
Consent
195 Consent
Remedies for Infringement
196 Proceedings for infringement of performers' rights
197 Order for delivery up in civil proceedings
Offences
198 Criminal liability for making, dealing with, using, or copying illicit recordings
199 Order for delivery up in criminal proceedings
200 False representation of authority to give consent
201 Liability of officers of body corporate
202 Order as to disposal of illicit recording
Application to Foreign Countries
203 Application of this Part to Convention countries
204 Application of this Part to Convention and other countries
X: Copyright Tribunal
Constitution
205 Copyright Tribunal
206 Membership of Tribunal
207 Term of office of members of Tribunal
208 Vacation of office
209 Deputies of members
210 Remuneration and travelling allowances
Jurisdiction and Procedure
211 Jurisdiction of Tribunal
212 Parties to proceedings
213 Sittings of Tribunal
214 Procedure of Tribunal
215 Evidence in proceedings before Tribunal
216 Witness summons
217 Service of summons
218 Witnesses' allowances
219 Privileges and immunities
220 Non-attendance or refusal to co-operate
221 Contempt of Tribunal
222 Costs
223 Stating case for High Court
224 Appeal on question of law
XI: Miscellaneous Provisions
225 Rights and privileges under other enactments or common law
Devices Designed to Circumvent Copy-Protection
226 Devices designed to circumvent copy-protection
227 Offence of fraudulently receiving programmes
228 Rights and remedies in respect of apparatus, etc., for unauthorised reception of transmissions
Other Countries
229 Supplementary provisions as to fraudulent reception
230 Application to Convention countries
231 Expenditure or liability incurred in connection with copyright work
232 Application to Convention and other countries
233 Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works
234 Regulations
Transitional Provisions and Savings
235 Transitional provisions and savings
236 Consequential amendments and repeals
Schedule(s)
1 FIRST SCHEDULE: Transitional Provisions and Savings
2 SECOND SCHEDULE: Enactments Amended
3 THIRD SCHEDULE: Enactments Repealed
4 FOURTH SCHEDULE: Regulations Revoked