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Copyright Act 1994

Infringement of copyright - Secondary infringement of copyright

39: Provision of apparatus for infringing performance, etc

You could also call this:

"Supplying equipment that helps others break copyright rules"

Illustration for Copyright Act 1994

You can infringe copyright if you play or show a work in public without permission. This can happen when you use apparatus like machines that play sound recordings or show films. You are also liable if you help someone else infringe copyright. If you supply apparatus that is used to infringe copyright, you can be liable. This is true if you knew or thought the apparatus would be used to infringe copyright. You can also be liable if you let someone bring apparatus onto your premises to infringe copyright. You are liable if you supply a copy of a sound recording or film that is used to infringe copyright. This is true if you knew or thought the copy would be used to infringe copyright. You have to have known or had reason to believe that the copy would be used to infringe copyright.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345957.

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

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Part 2Infringement of copyright
Secondary infringement of copyright

39Provision of apparatus for infringing performance, etc

  1. Where copyright in a work is infringed by a performance of the work in public, or by the playing or showing of the work in public, by means of apparatus for—

  2. playing sound recordings; or
    1. showing films; or
      1. receiving visual images or sounds conveyed by electronic means,—
          1. the persons described in subsections (2) to (4) are also liable for the infringement.

        1. A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if, when he or she supplied the apparatus or part,—

        2. he or she knew, or had reason to believe, that the apparatus was likely to be so used as to infringe copyright; or
          1. in the case of apparatus whose normal use involves a performance, playing, or showing in public, he or she had no reasonable grounds for believing that the apparatus would not be so used as to infringe copyright.

            1. An occupier of premises who gave permission for the apparatus to be brought onto the premises is liable for the infringement if, when the occupier gave that permission, he or she knew, or had reason to believe, that the apparatus was likely to be so used as to infringe copyright.

            2. A person who supplied a copy of a sound recording or film used to infringe copyright is liable for the infringement if, when the person supplied the copy, he or she knew, or had reason to believe, that the copy he or she supplied, or a copy made directly or indirectly from the copy, was likely to be so used as to infringe copyright.