(1) In this Act, unless the context otherwise requires,—
adaptation,—
(b) in relation to a literary work that is a computer program, includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code, otherwise than incidentally in the course of running the program:
Archives New Zealand has the same meaning as in section 4 of the Public Records Act 2005
article, in relation to an article in a periodical, includes an item of any description
artistic work—
(a) means—
(i) a graphic work, photograph, sculpture, collage, or model, irrespective of artistic quality; or
authorised, with respect to anything done in relation to a work, means done—
business includes a trade or profession
CMI or copyright management information has the meaning given to it in section 226F
communicate means to transmit or make available by means of a communication technology, including by means of 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
computer-generated, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work
convention country, except in Part 9, means an entity that is a party to an international agreement or arrangement relating to copyright
copying—
(a) means, in relation to any description of work, reproducing, recording, or storing the work in any material form (including any digital format), in any medium and by any means; and
and copy and copies have corresponding meanings
copyright licence means a licence to do, or authorise the doing of, any restricted act
copyright work means a work of any of the descriptions in section 14(1) in which copyright exists
country includes every territory for whose international relations the Government of that country is responsible
Crown entity has the same meaning as it has in section 2(1) of the Public Finance Act 1989
director, in relation to a copyright work that is a film, includes any person nominated by the director of the film to exercise the director's rights under Part 4 if—
educational establishment means—
(f) any body, or class of body, that is not conducted for profit and that is approved by the Minister of Education as an educational establishment for the purposes of this Act by a notice published in the Gazette
educational resource supplier means any person—
electronic means actuated by electric, magnetic, electro-magnetic, electro-chemical, or electro-mechanical energy; and in electronic form means in a form usable only by electronic means
employed means employed under a contract of service or a contract of apprenticeship; and employee, employer, and employment have corresponding meanings
exclusive licence means a licence in writing, signed by or on behalf of a copyright owner, authorising the licensee, to the exclusion of all other persons (including the copyright owner), to exercise a right that would otherwise be exercisable exclusively by the copyright owner
facsimile copy includes a copy that is reduced or enlarged in scale
film means a recording on any medium from which a moving image may by any means be produced
future copyright means copyright that will or may come into existence in respect of a future work or a class of future work or on the occurrence of a future event
Government means the Executive Government of New Zealand
government department means any department or instrument of the Government, or any branch or division of any such department or instrument; but does not include—
graphic work includes—
(a) any painting, drawing, diagram, map, chart, or plan; and
(b) any engraving, etching, lithograph, woodcut, print, or similar work
infringing copy has the meaning given by section 12
instruction means—
(a) giving a lesson, either in person or by correspondence, to a student or a group of students, at an educational establishment or elsewhere; or
international organisation means an organisation the members of which include 1 or more States
Internet service provider means a person who does either or both of the following things:
(a) offers the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing:
judicial proceedings includes—
lawful user, in relation to a computer program, means a person who has a right to use the program, whether under a copyright licence or otherwise
licensing body means a body of persons (whether corporate or unincorporate) that, as copyright owner or prospective copyright owner or as agent for a copyright owner,—
licensing scheme means a scheme setting out—
and for the purpose of this definition a scheme includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name
literary work means any work, other than a dramatic or musical work, that is written, spoken, or sung; and includes—
material time,—
(a) in relation to a literary, dramatic, musical, or artistic work, means,—
(i) in the case of an unpublished work, when the work is made or, if the making of the work extends over a period, a substantial part of that period; and
(ii) in the case of a published work, when the work is first published or, if the author has died before that time, immediately before his or her death; and
(b) in relation to a sound recording or film, means when the work is made or, if the making of the work extends over a period, a substantial part of that period; and
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Ministerial inquiry includes the proceedings of a committee set up by the Government or a Minister or Ministers to inquire into or advise on any matter
musical work means a work consisting of music, exclusive of any words intended to be sung or spoken with the music or any actions intended to be performed with the music
New Zealand includes Tokelau
Office of Parliament means—
performance, except in Part 9,—
(a) in the case of a literary work that is a lecture, address, speech, or sermon, includes delivery of that work; and
(b) in general, includes any mode of visual or acoustic presentation of a literary, dramatic, musical, or artistic work, including presentation of the work by means of a sound recording, film, or communication work
photograph means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced; but does not include a film or part of a film
plate includes any stereotype, stone, block, mould, matrix, transfer, negative, or other similar appliance
prescribed foreign country means any country (other than New Zealand)—
(b) that is declared by Order in Council made under section 232 to be a foreign country to which any provision of this Act applies; and, with respect to the application of any provision of this Act to such a country, the provision shall be read subject to the terms of that Order in Council
proceedings includes a counterclaim; and references to the plaintiff and to the defendant in proceedings shall be construed accordingly
published edition means a published edition of the whole or any part of 1 or more literary, dramatic, or musical works
regulations—
(b) includes any instruments that have, pursuant to section 6A of the Regulations Act 1936 or section 14 of the Acts and Regulations Publication Act 1989, been printed or published as if they were regulations
rental means any arrangement under which a copy of a work is made available—
on terms that it will or may be returned
reprographic copy means a copy made by a reprographic process; and reprographic copying has a corresponding meaning
reprographic process means a process—
and includes, in relation to a work held in electronic form, any copying by electronic means; but does not include the making of a film or sound recording
restricted act means any of the acts described in section 16
sculpture includes a cast or model made for purposes of sculpture
sound recording means—
(b) a recording of the whole or any part of a literary, dramatic, or musical work, from which sounds reproducing the work or part may be produced,—
regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced
statutory inquiry means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment
sufficient acknowledgement, in relation to a work, means an acknowledgement identifying—
telecommunications system means a system for conveying visual images, sounds, or other information by electronic means
TPM or technological protection measure has the meaning given to it in section 226
TPM circumvention device has the meaning given to it in section 226
transcript means a written record of words spoken on a recording
Tribunal means the Copyright Tribunal continued by section 205
unauthorised, with respect to anything done in relation to a work, means done otherwise than—
wireless communication means the sending of electromagnetic energy over paths not provided by a material substance constructed or arranged for that purpose
working day means any day of the week other than—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
writing includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded; and written has a corresponding meaning.
(2) References in this Act to the time at which a literary, dramatic, or musical work is made are to the time at which the work is recorded, in writing or otherwise.
Compare: 1962 No 33 ss 2(1), 3(6), 3(8), 17(1), 24(5), 26(9), 36(1); 1989 No 44 s 2; Copyright, Designs and Patents Act 1988 ss 1(2), 3(1), 3(2), 4, 5(1), 6(1), 8(1), 16(1), 19(2), 21(3), 21(4), 92(1), 178 (UK)
Section 2(1) Archives New Zealand: inserted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).
Section 2(1) broadcast: repealed, on 31 October 2008, by section 4(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) CMI or copyright management information: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) communicate: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) communication work: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) convention country: substituted, on 14 October 1999, by section 3(2) of the Copyright Amendment Act 1999 (1999 No 124).
Section 2(1) copying paragraph (a): substituted, on 31 October 2008, by section 4(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) copying paragraph (b): repealed, on 31 October 2008, by section 4(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) copying paragraph (d): substituted, on 31 October 2008, by section 4(4) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) educational establishment paragraph (d): substituted, on 1 December 2008, by section 60(1) of the Education Amendment Act 2006 (2006 No 19).
Section 2(1) educational resource supplier: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) government department paragraph (c): substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 2(1) infringing copy: inserted, on 19 May 1998, by section 3 of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).
Section 2(1) Internet service provider: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) material time paragraph (c): substituted, on 31 October 2008, by section 4(5) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) material time paragraph (d): substituted, on 31 October 2008, by section 4(5) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) material time paragraph (e): repealed, on 31 October 2008, by section 4(5) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) Minister: substituted, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
Section 2(1) National Archives: repealed, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).
Section 2(1) Office of Parliament paragraph (c): substituted, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).
Section 2(1) performance paragraph (b): amended, on 31 October 2008, by section 4(6) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) TPM or technological protection measure: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) TPM circumvention device: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 2(1) TPM work: inserted, on 31 October 2008, by section 4(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).