World Intellectual Property Organization

New Zealand

Copyright (Border Protection) Regulations 1994, Amendment No. 1

 

 

THE COPYRIGHT (BORDER PROTECTION) REGULATIONS 1994, AMENDMENT NO. 1

MICHAEL HARDIE BOYS, Governor-General

ORDER IN COUNCIL

At Wellington this 26th day of August 1996

Present:

His Excellency the Governor-General in Council

Pursuant to section 234 of the Copyright Act 1994, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

REGULATIONS

1. Title and commencement-These regulations may be cited as the Copyright (Border Protection) Regulations 1994, Amendment No. 1, and shall be read together with and deemed part of the Copyright (Border Protection) Regulations 1994* (hereinafter referred to as the principal regulations).

(2) These regulations shall come into force on the 1st day of October 1996.

2. Form of notice under section 136 (1)-Regulation 3 of the principal regulations is hereby amended by revoking subclause (2).

3. Evidence in support of claim-Regulation 4

(1) of the principal regulations is hereby amended by inserting, after the word "work", the words ", or items are works, as the case may be,".

4. Notice of transmission and other matters-

(1) Regulation 5 (a) of the principal regulations is hereby amended by inserting, after the word "work", the words "or works".

(2) Regulation 5 (b) of the principal regulations is hereby amended by inserting, after the word "work", the words ", or items are works, as the case may be,".

5. Agents-Regulation 7

(1) of the principal regulations is hereby amended by inserting, after the word "work", the words "or works".

6. New Schedule inserted-The principal regulations are hereby amended by revoking the Schedule, and substituting the Schedule set out in the Schedule to these regulations.

SCHEDULE Reg. 6

NEW SCHEDULE SUBSTITUTED IN PRINCIPAL REGULATIONS

"SCHEDULE Reg. 3

Form of Notice under Section 136 (1) of Copyright Act 1994

The Copyright Act 1994

Notice Requesting Detention of Pirated Copies

To: The Chief Executive of the New Zealand Customs Service

[Where this notice relates to more than one work, the details required by this notice can be included in a schedule in the manner described below.]

(a) ....., of (b) ....., claims that (c) ..... is a work (are works) in which (a) ..... owns the copyright.

The title(s) of the work(s) is (are): (d) .....

In relation to a literary, dramatic, musical, or artistic work that is (literary, dramatic, musical, or artistic works that are) not computer-generated, the full name(s) of the author(s) is (are): (e) .....

In relation to a published edition (published editions), the full name(s) of the publisher(s) is (are): .....

In relation to a literary, dramatic, musical, or artistic work that is (literary, dramatic, musical, or artistic works that are) computer-generated, or in relation to a sound recording (sound recordings) or a film (films), the full name(s) of the author(s) is (are): (f) .....

In relation to a literary, dramatic, musical, or artistic work that is (literary, dramatic, musical, or artistic works that are) not computer-generated, the author(s) is (are) still living. (g)

In relation to a literary, dramatic, musical, or artistic work that is (literary, dramatic, musical, or artistic works that are) not computer-generated, the year(s) of the death(s) of the author(s) was (were): (h) .....

In relation to a literary, dramatic, musical, or artistic work that is (literary, dramatic, musical, or artistic works that are) computer-generated, the year(s) in which the work(s) was (were) made was (were): .....

In relation to a sound recording (sound recordings) or a film (films), the year(s) in which the work(s) was (were) made and the year(s) in which the work(s) was (were) made available to the public by an authorised act (authorised acts) was (were): .....

The country (countries) and year(s) of first publication of the work(s) were: (i) .....

The status of the author(s) or publisher(s) at the time(s) of first publication was (were): (j) .....

It is hereby requested that the Chief Executive of the New Zealand Customs Service detain any pirated copies of (c) ..... that are in, or at any time come into, the control of the Customs.

This notice shall be in force for the period(s): (k) .....

The business/residential address, postal address, and facsimile number of (l) ..... for the service of notices are:

Business/residential address .....

Postal address .....

Facsimile no. .....

Dated this ..... day of ..... 19 .....

(m) .....

(a) State the full name of the owner of the copyright.

(b) State the address of the owner of the copyright.

(c) Describe the work(s) in which copyright is claimed.

(d) State the title(s) under which the work(s) has (have) been published.

(e) If the work(s) is (are) of unknown authorship, insert words to that effect.

(f) If the work(s) is (are) of unknown authorship, insert words to that effect. If the author(s) is (are) a company (companies), insert the name(s) of the company (companies), and the division(s) within the company (companies), that produced the work(s).

(g) Delete if the work(s) is (are) of unknown authorship or if no author(s) is (are) still living.

(h) Delete if the author(s) is (are) still living or, if the work(s) is (are) a work (works) of joint authorship, if any of the authors is (are) still living. If neither is the case, state the year(s) of the death of the author(s) or the last surviving author(s).

(i) If there was simultaneous publication in more than one country, state all countries.

(j) State the citizenship and domicile or residence of the author(s) of the work(s) or the publisher(s) of the edition(s) or, if the author(s) or publisher(s) is (are) a company (companies), the name(s) of the country (countries) where the company is (companies are) incorporated.

(k) Insert a period that is not longer than 5 years from the date of the notice or, if the copyright in the work (any of the works) will expire within 5 years from the date of the notice, not longer than the period for which the copyright in that work (those works) will last.

(l) Insert name of the owner of the copyright or authorised agent.

(m) Signature.

SCHEDULE

The works to which this notice relates are:

1. Listed below; or

2. Supplied in an electronic medium as agreed with the New Zealand Customs Service; or

3. Detailed in some other manner [Specify.]

[Delete the options which are not applicable.]

....."

MARIE SHROFF,

Clerk of the Executive Council.

EXPLANATORY NOTE

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 1996, amend the Copyright (Border Protection) Regulations 1994. The amendments are consequential upon the coming into force of the Copyright Amendment Act 1996.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 29 August 1996.

These regulations are administered in the Ministry of Commerce.

* S.R. 1994/309

 

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