Copyright Act 1994

Miscellaneous provisions - Copyright management information

226H: Commercial dealing in work subject to CMI interference

You could also call this:

"Selling copies of work with altered copyright information is not allowed in business."

Illustration for Copyright Act 1994

You must not sell or deal with a copy of a work if someone has removed or changed the copyright management information without permission. This information is attached to or appears with the work when it is shared or made available. You are not allowed to do this as part of your business. You are allowed to deal with the work if you have permission from the copyright owner or you do not know that the information was removed or changed without permission. You also need to not have any reason to believe that the removal or change will help someone break the copyright rules. You must not know that the copyright management information was removed or changed without permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1706107.

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226G: Interference with CMI prohibited, or

"Don't alter or remove copyright information without permission"


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226I: Contravention of section 226G or 226H, or

"Breaking rules about copyright information has the same consequences as infringing copyright."

Part 11Miscellaneous provisions
Copyright management information

226HCommercial dealing in work subject to CMI interference

  1. A person (A) must not, in the course of business, make, import, sell, let for hire, offer or expose for sale or hire, or advertise for sale or hire, a copy of a work if any copyright management information attached to, or appearing in connection with communicating or making available, the copy has been removed or modified without the authority of the copyright owner or the exclusive licensee.

  2. However, subsection (1) does not apply if—

  3. A has the authority of the copyright owner or the exclusive licensee to remove or modify the copyright management information; or
    1. A does not know, and has no reason to believe, that the removal or modification will induce, enable, facilitate, or conceal an infringement of the copyright in the work; or
      1. A does not know, and has no reason to believe, that any copyright management information attached to, or appearing in connection with communicating or making available, the copy has been removed or modified without the authority of the copyright owner or the exclusive licensee.
        Notes
        • Section 226H: inserted, on , by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
        • Section 226H(1): amended, on , by section 37F of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
        • Section 226H(2)(c): amended, on , by section 37F of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).