Copyright Act 1994

Infringement of copyright - Secondary infringement of copyright

37: Providing means for making infringing copies

You could also call this:

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

Illustration for Copyright Act 1994

You infringe copyright if you make, import, or sell something that helps people make copies of a work without permission. You do this if you know or think the thing will be used to make copies of the work. This can include objects that are designed to make copies of a work. You also infringe copyright if you share a work with others and you know or think they will use it to make copies. This can happen in New Zealand or elsewhere, and it is still an infringement of copyright. The Copyright (New Technologies) Amendment Act 2008 changed some of these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345954.

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36: Possessing or dealing with infringing copy, or

"Breaking copyright rules by having or selling unallowed copies"


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38: Permitting use of premises for infringing performance, or

"Letting others use your venue for performances that break copyright rules"

Part 2Infringement of copyright
Secondary infringement of copyright

37Providing means for making infringing copies

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

  2. makes; or
    1. imports into New Zealand; or
      1. 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—
            1. an object specifically designed or adapted for making copies of that work, knowing or having reason to believe that the object is to be used to make such infringing copies.

            2. Copyright in a work is infringed by a person who, other than under a copyright licence, communicates a work to 1 or more persons, knowing or having reason to believe that infringing copies will be made by means of the reception of the communication in New Zealand or elsewhere.

            Notes
            • Section 37(2): substituted, on , by section 20 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).