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Copyright Act 1994

Infringement of copyright - Secondary infringement of copyright

35: Infringement by importation

You could also call this:

"Breaking copyright law by bringing fake copies into New Zealand"

Illustration for Copyright Act 1994

You infringe copyright if you import an object that is an infringing copy of a work into New Zealand. You must know or have reason to believe the object is an infringing copy. The object must be imported without a copyright licence and not for your private and domestic use. If you import a sound recording, film, or computer program, you must know or reasonably know it is an infringing copy. The court can presume an object is an infringing copy if there is no evidence to the contrary. The court may not require you to disclose information about the object's sources if it is unreasonable. Certain sound recordings, films, and computer programs have specific rules. These include sound recordings stored separately from devices that play them, films made for cinematic release, and computer programs stored separately from devices that execute them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345951.

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Intellectual property > CopyrightImport and export > Customs regulations
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"Breaking copyright rules by changing or using a work in a new way"

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Part 2Infringement of copyright
Secondary infringement of copyright

35Infringement by importation

  1. A person infringes copyright in a work if—

  2. that person imports into New Zealand an object that is an infringing copy of the work and,—
    1. in the case of a work that is a sound recording, film, or computer program to which subsection (6) applies, that person knows or ought reasonably to know that the object is an infringing copy; or
      1. in the case of other works, that person knows or has reason to believe that the object is an infringing copy; and
      2. the object was imported into New Zealand without a copyright licence; and
        1. the object was imported into New Zealand other than for that person's private and domestic use.

          1. In civil proceedings for infringement of copyright under subsection (1), in the case of a work that is a sound recording, film, or computer program to which subsection (6) applies,—

          2. an object is presumed to be an infringing copy in the absence of evidence to the contrary; and
            1. the court must not require any person to disclose any information concerning the sources of supply of the object if it appears to the court that it is unreasonable to do so.

              1. Repealed

              2. Repealed

              3. Subsections (3) and (4) are repealed on 31 October 2016.

              4. This subsection applies to the following sound recordings, films, and computer programs:

              5. a sound recording stored in a material form that is separate from any device or apparatus capable of playing sound recordings:
                1. a film produced principally for cinematic release, or a copy of that film, or a copy of a substantial part of that film:
                  1. a computer program stored in a material form that is separate from any device or apparatus capable of executing computer programs.

                    Notes
                    • Section 35: substituted, on , by section 4 of the Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003 (2003 No 111).
                    • Section 35(1)(c): amended, on , by section 19(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                    • Section 35(3): repealed, on , by section 35(5).
                    • Section 35(4): repealed, on , by section 35(5).
                    • Section 35(5): substituted, on , by section 19(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                    • Section 35(5): amended, on , by section 4(2) of the Copyright (Parallel Importing of Films) Amendment Act 2013 (2013 No 86).