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Copyright Act 1994

Miscellaneous provisions - Technological protection measures

226B: Rights of issuer of TPM work

You could also call this:

"What happens if someone breaks the rules with your protected work?"

Illustration for Copyright Act 1994

You have rights if you issue a Technological Protection Measure (TPM) work. You have the same rights as a copyright owner if someone breaks the rules in section 226A. You can take action against them. You also have the same rights as a copyright owner to get things back that break the rules. This is under section 122 or section 132. Some other rules apply to you, like sections 126 to 129 and section 197A. These rules are about what people think is true in a court case. If you get things back that break the rules, the court can decide what to do with them. This is under section 134. If you are a performer and you fixed your performance in a sound recording, you have the same rights as the issuer of the TPM work. This is if you shared the sound recording with the public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1705881.

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226A: Prohibited conduct in relation to technological protection measure, or

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226C: Offence of contravening section 226A, or

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Part 11Miscellaneous provisions
Technological protection measures

226BRights of issuer of TPM work

  1. Repealed

  2. The issuer of the TPM work has the same rights and remedies against a person who contravenes section 226A as a copyright owner has in respect of an infringement of copyright.

  3. The issuer of the TPM work has the same rights under section 122 (order for delivery up in civil proceedings) or 132 (order for delivery up in criminal proceedings) in relation to a TPM circumvention device as a copyright owner has in relation to an infringing copy.

  4. Sections 126 to 129 and 197A (which relate to certain presumptions) apply in relation to proceedings under this section.

  5. Section 134 (order as to disposal of infringing copy or other object) applies, with all necessary modifications, in relation to the disposal of anything that is delivered up under subsection (3).

  6. A performer (A) must be treated as an issuer of the TPM work for the purposes of this section if—

  7. the performance is fixed in a sound recording; and
    1. the TPM work is the sound recording; and
      1. A issued a copy of the TPM work to the public or communicated the TPM work to the public.

        Notes
        • Section 226B: inserted, on , by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
        • Section 226B(1): repealed, on , by section 40(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
        • Section 226B(2): amended, on , by section 40(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
        • Section 226B(4): amended, on , by section 40(5) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
        • Section 226B(6): inserted, on , by section 40(6) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).