Copyright Act 1994

Miscellaneous provisions - Technological protection measures

226C: Offence of contravening section 226A

You could also call this:

"Breaking copyright laws with special devices or services is an offence"

Illustration for Copyright Act 1994

You commit an offence if you make or sell a device that helps people get around technological protection measures, and you know it will be used to break copyright laws. You also commit an offence if you provide a service that helps people get around technological protection measures, and you know it will be used to break copyright laws. If you do these things in the course of business, you can be fined up to $150,000 or imprisoned for up to 5 years, or both, if you are convicted.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1705882.

This page was last updated on View changes


Previous

226B: Rights of issuer of TPM work, or

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


Next

226D: When rights of issuer of TPM work do not apply, or

"When You're Allowed to Get Around Digital Locks"

Part 11Miscellaneous provisions
Technological protection measures

226COffence of contravening section 226A

  1. A person (A) commits an offence who, in the course of business, makes, imports, sells, distributes, lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, a TPM circumvention device that applies to a technological protection measure if A knows that it will, or is likely to, be used to infringe copyright in a TPM work.

  2. A person (A) commits an offence who, in the course of business, provides a service to another person (B) if—

  3. A intends the service to enable or assist B to circumvent a technological protection measure; and
    1. A knows that the service will, or is likely to, be used to infringe copyright in a TPM work.
      1. A person (A) commits an offence who, in the course of business, publishes information enabling or assisting another person to circumvent a technological protection measure if A intends that the information will be used to infringe copyright in a TPM work.

      2. A person who commits an offence under this section is liable on conviction to a fine not exceeding $150,000 or a term of imprisonment not exceeding 5 years or both.

      Notes
      • Section 226C: inserted, on , by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
      • Section 226C(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).