Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Infringement of copyright - Secondary infringement of copyright

36: Possessing or dealing with infringing copy

You could also call this:

"Breaking copyright rules by having or selling unallowed copies"

Illustration for Copyright Act 1994

You infringe copyright if you have something in New Zealand without a licence. This something must be a copy of a work that you know is not allowed. You are not allowed to have it if you are selling things as a business. You also infringe copyright if you sell or hire out something that is a copy of a work. This is not allowed if you know the copy is not allowed. You infringe copyright if you offer something for sale or hire and it is a copy of a work. You infringe copyright if you show something in public or give it out and it is a copy of a work. This is not allowed if you know the copy is not allowed and you are doing it as a business. You infringe copyright if you give out something that is a copy of a work and it hurts the owner of the work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345953.

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Topics:
Business > Industry rulesMoney and consumer rights > Consumer protectionArts and culture > Heritage protection
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35: Infringement by importation, or

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

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37: Providing means for making infringing copies, or

"Helping people make copies without permission is against the law"

Part 2Infringement of copyright
Secondary infringement of copyright

36Possessing or dealing with infringing copy

  1. Copyright in a work is infringed by a person who, in New Zealand, other than pursuant to a copyright licence,—

  2. possesses in the course of a business; or
    1. in the course of a business or otherwise, sells or lets for hire; or
      1. in the course of a business, offers or exposes for sale or hire; or
        1. in the course of a business, exhibits in public or distributes; or
          1. distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner—
              1. an object that is, and that the person knows or has reason to believe is, an infringing copy of the work.

            Compare
            • 1962 No 33 ss 10(3), (4), 18(3), (4)