New Zealand

Copyright (Application to Other Countries) Order 1995 (reprinted as at 07 December 2000)

 

 


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.

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

In section 18(2) of the Act,

(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

(1)
In sections 18(2) and 19(1)(b) of the Act,
(a)
the term work includes a foreign work that is a sound recording:
(b)
the term prescribed foreign country, in relation to a foreignworkthatisasoundrecording,meansacountry specified in Schedule 1.
(2)
Where, in accordance with subclause (1), a foreign work that isasoundrecordingqualifiesforcopyrightunder section18(2) or section 19(1)(b) of the Act, the provisions of the Act apply to that work, except that
(a) sections32(2)to(4) , 33(b) , 39 ,and131(3)(b) oftheAct apply only if
(2)
Where, in any case to which subclause (1) applies, a person incurred any expenditure or liability relating to an act that, at the time the act was done, was not an act restricted by copyright in the work, the person does not do an act restricted by copyright by doing, or continuing to do, that act in respect of the work when copyright exists in the work.
(3)
Notwithstandingsubclause(2),anactthatunderthatsubclause is not an act restricted by copyright when copyright exists in the work may become an act restricted by copyright if the ownerofthecopyrightorhisorherexclusivelicensee(ifany) pays the person such compensation for the person’s expenditureorliabilityasmaybeagreeduponor,indefaultofagreement,asshallbedeterminedbyarbitrationinaccordancewith the provisions of the Arbitration Act 1908.
cl 10 Copyright (Application to OtherCountries) Order 1995 Reprinted as at7 December 2000
(i) the country specified in Schedule 1 is also speci
fied in Schedule 2; or
(ii) the sound recording is a film soundtrack accom
panying a film:
(b) the provisions of Part 9 of the Act do not apply.
Copyright in foreign works that are broadcasts
10 Application of Act to broadcasts
(1) In
(a) section 18(2) of the Act, the term work includes a for
eignworkthatisabroadcastmadeonorafter1January
1995:
(b) sections 18(2) and 20(1)(b) of the Act the term pre
scribed foreign country, in relation to a foreign work
that is a broadcast made on or after 1 January 1995,
means a country specified in Schedule 2.
(2) Where, in accordance with subclause (1), a foreign work that
is a broadcast made on or after 1 January 1995 qualifies for
copyright under section 18(2) or section 20(1)(b) of the Act,
the provisions of the Act apply to that work, except that
(a) for the purposes of section 24(2) of the Act, copyright
shall not exist in a repeated broadcast made on or after
1 January 1995 where the initial broadcast was made
before that date:
(b) the provisions of Part 9 of the Act do not apply.
Expenditure or liability incurred in connectionwith copyright work
11 Expenditure or liability incurred in connection with
copyright work
(1) This clause applies in any case where
(a) a work was made before the commencement of this
order; and
(b) when the work was made, copyright did not exist in the
work under the Copyright Act 1962 or section 230 of
the Copyright Act 1994; and
(c) copyright exists in the work pursuant to clauses 5, 7,
9(1), or 10(1).

Transitional provision

12 ApplicationofprovisionsofActtoforeignworksinwhich copyright existed at commencement

Notwithstanding anything in this order, the provisions of the Act

(a)
apply to any foreign work in which copyright existed immediatelybeforethecommencementoftheAct;and
(b)
aredeemedtobesatisfied,sofarastheyrelatetoqualification for copyright, by every foreign work in which copyright existed immediately before the commencement of the Act.

Performersrights

13 Application of Part 9 of Act to specified countries

Theprovisionsof Part9 oftheActareherebydeclaredtoapply in relation to

(a)
anyperformancegiveninanyofthecountriesspecified in Schedule 3; and
(b)
any performance given in any country by a citizen or subject of or a person domiciled or resident in any of the countries specified in Schedule 3.

Schedule 1 cls 4, 5, 7, 9

Countries to which Copyright Act 1994 (except Part 9) applies, in respect of all works except broadcasts and cable programmes

Schedule 1: substituted, on 7 December 2000, by clause 3 of the Copyright (Application to Other Countries) Amendment Order 2000 (SR 2000/235).

Albania Algeria Andorra Angola Antigua and Barbuda Argentina Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Congo Congo, Democratic Republic of Costa Rica Côte d’Ivoire Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt, Arab Republic of El Salvador Equatorial Guinea Estonia European Communities Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holy See Honduras Hong Kong, China Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Korea, Republic of Kuwait Kyrgyzstan, Republic of Lao People’s Democratic Republic Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Macau, China Macedonia, former Yugoslav Republic of Madagascar Malawi Malaysia Maldives Mali Malta Mauritania Mauritius Mexico Moldova, Republic of Monaco Mongolia Morocco Mozambique Myanmar Namibia Netherlands (and the Netherlands Antilles) Nicaragua Niger Nigeria Norway Oman Pakistan Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Saudi Arabia Senegal Sierra Leone Singapore Slovak Republic Slovenia Solomon Islands South Africa Spain Sri Lanka Suriname Swaziland Sweden Switzerland Taiwan Tajikistan Tanzania, United Republic of Thailand Togo Trinidad and Tobago Tunisia Turkey Uganda Ukraine United Arab Emirates United Kingdom (and the Isle of Man) United States of America Uruguay Venezuela Zambia

Zimbabwe

Schedule 2 cls 9(2), 10(1)

Countries to which Copyright Act 1994 (exceptPart9)applies,inrespectofsound recordings and broadcasts

Schedule 2: substituted on 7 December 2000, by clause 3 of the Copyright (Application to Other Countries) Amendment Order 2000 (SR 2000/235).

Angola Antigua and Barbuda Argentina Australia Austria Bahrain Bangladesh Barbados Belgium Belize Benin Bolivia Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cameroon Canada Central African Republic Chad Chile Colombia Congo Congo, Democratic Republic of Costa Rica Côte d’Ivoire Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt, Arab Republic of El Salvador Estonia European Communities Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Honduras Hong Kong, China Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Kenya Korea, Republic of Kuwait Kyrgyzstan, Republic of Latvia Lesotho Liechtenstein Luxembourg Macau, China Madagascar Malawi Malaysia Maldives Mali Malta Mauritania Mauritius Mexico Mongolia Morocco Mozambique Myanmar Namibia Netherlands (and the Netherlands Antilles) Nicaragua Niger Nigeria Norway Pakistan Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Romania Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Senegal Sierra Leone Singapore Slovak Republic Slovenia Solomon Islands South Africa Spain Sri Lanka Suriname Swaziland Sweden Switzerland Taiwan Tanzania, United Republic of Thailand Togo Trinidad and Tobago Tunisia Turkey Uganda United Arab Emirates United Kingdom (and the Isle of Man) United States of America Uruguay Venezuela Zambia Zimbabwe

Schedule 3 cl 13 Countries to which Part 9 of Copyright Act 1994 applies

Schedule 3: substituted on 7 December 2000, by clause 3 of the Copyright (Application to Other Countries) Amendment Order 2000 (SR 2000/235).

Angola Antigua and Barbuda Argentina Australia Austria Bahrain Bangladesh Barbados Belgium Belize Benin Bolivia Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cameroon Canada Central African Republic Chad Chile Colombia Congo Congo, Democratic Republic of Costa Rica Côte d’Ivoire Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt, Arab Republic of El Salvador Estonia European Communities Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Honduras Hong Kong, China Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Kenya Korea, Republic of Kuwait Kyrgyzstan, Republic of Latvia Lesotho Liechtenstein Luxembourg Macau, China Madagascar Malawi Malaysia Maldives Mali Malta Mauritania Mauritius Mexico Mongolia Morocco Mozambique Myanmar Namibia Netherlands (and the Netherlands Antilles) Nicaragua Niger Nigeria Norway Pakistan Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Romania Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Senegal Sierra Leone Singapore Slovak Republic Slovenia Solomon Islands South Africa Spain Sri Lanka Suriname Swaziland Sweden Switzerland Taiwan Tanzania, United Republic of Thailand Togo Trinidad and Tobago Tunisia Turkey Uganda United Arab Emirates United Kingdom (and the Isle of Man) United States of America Uruguay Venezuela Zambia Zimbabwe

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

1 General

ThisisareprintoftheCopyright(ApplicationtoOtherCountries)Order1995. Thereprintincorporatesalltheamendments to the order as at 7 December 2000 as specified in the list of amendments at the end of these notes.

Relevantprovisionsofany amending enactmentsthatcontain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumesofstatutesorstatutoryregulations in whichthe principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.

Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997,andareongoing. Totheextentpermittedbysection17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

Inoutline,theeditorialchangesmadeinreprintsundertheauthorityof section17C oftheActsandRegulationsPublication Act1989aresetoutbelow,andtheyhavebeenapplied,where relevant, in the preparation of this reprint:

omission of unnecessary referential words (such as “of this sectionand “of this Act”)

  • typefaceandtypesize(TimesRoman,generallyin11.5 point)
    • layout of provisions, including:
      • indentation
      • positionofsectionheadings(eg,thenumberand heading now appear above the section)
  • formatofdefinitions(eg,thedefinedtermnowappears in bold type, without quotation marks)
  • format of dates (eg, a date formerly expressed as “the 1stdayofJanuary1999”isnowexpressedas“1January 1999”)
  • positionofthedateofassent(itnowappearsonthefront page of each Act)
  • punctuation (eg, colons are not used after definitions)
  • Partsnumberedwithromannumeralsarereplacedwith arabic numerals, and all cross-references are changed accordingly
    • case and appearance of letters and words, including:
      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
      • smallcapitallettersinsectionandsubsectionreferences are now capital letters
  • schedulesarerenumbered(eg,Schedule1replacesFirst Schedule),andallcross-referencesarechangedaccordingly
  • running heads (the information that appears at the top of each page)
  • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

List of amendments incorporated in this reprint (most recent first)

Copyright (Application to Other Countries) Amendment Order 2000 (SR 2000/235)

Wellington, New Zealand: Published under the authority of the New Zealand Government—2010

 

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