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Copyright Act 1994

Miscellaneous provisions - Technological protection measures

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

You could also call this:

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

Illustration for Copyright Act 1994

You have rights when it comes to technological protection measures. The person who made the technological protection measure cannot stop you from doing something that is allowed. They cannot stop you from using a device to get around the technological protection measure if you are allowed to do that thing. You are allowed to make, import, sell, or let someone hire a device to get around a technological protection measure. This is so a qualified person can help you do something that is allowed. A qualified person can be a librarian, an archivist, an educational establishment, or someone else chosen by the Governor-General. A qualified person must make a declaration before they can get a device to get around a technological protection measure. This is so they can help you do something that is allowed. There are rules about what an archive, archivist, librarian, and prescribed library are. Encryption research is when someone looks for flaws in encryption technology. This means they try to find weaknesses in the way information is scrambled and unscrambled. You can read more about this in section 226E and Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1705887.

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226C: Offence of contravening section 226A, or

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

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226E: User’s options if prevented from exercising permitted act by TPM, or

"What to do if a technological lock stops you doing something you're allowed to do"

Part 11Miscellaneous provisions
Technological protection measures

226DWhen rights of issuer of TPM work do not apply

  1. The rights that the issuer of a TPM work has under section 226B do not prevent or restrict the exercise of a permitted act.

  2. The rights that the issuer of a TPM work has under section 226B do not prevent or restrict the making, importation, sale, or letting for hire of a TPM circumvention device to enable—

  3. a qualified person to exercise a permitted act using a TPM circumvention device on behalf of the user of a TPM work; or
    1. a person referred to in section 226E(3) to undertake encryption research.

      1. In this section and in section 226E, qualified person means—

      2. the librarian of a prescribed library; or
        1. the archivist of an archive; or
          1. an educational establishment; or
            1. any other person specified by the Governor-General by Order in Council on the recommendation of the Minister.

              1. A qualified person must not be supplied with a TPM circumvention device on behalf of a user unless the qualified person has first made a declaration to the supplier in the prescribed form.

              2. In this section,—

                archive has the same meaning as in section 50(1)

                  archivist includes a person acting on behalf of the archivist

                    encryption technology means the scrambling and descrambling of information using mathematical formulae or algorithms

                      librarian includes a person acting on behalf of the librarian

                        prescribed library has the same meaning as in section 50(1).

                        1. In this section and in section 226E, encryption research means identifying and analysing flaws and vulnerabilities of encryption technology.

                        2. An order under subsection (3)(d) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Notes
                        • Section 226D: inserted, on , by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                        • Section 226D(2)(a): amended, on , by section 37B of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                        • Section 226D(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).