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Copyright Act 1994

Remedies for infringement - Rights and remedies of copyright owner

122: Order for delivery up in civil proceedings

You could also call this:

"Getting back copies of your work that someone is using illegally"

Illustration for Copyright Act 1994

You can get a court order to take back a copy of a work that someone else has, if they have it to use in their business. You can also get an order to take back an object that is used to make copies of a work, if the person knows it is used to make illegal copies. The court will only make this order if they think they can also make another type of order under section 134. If the court makes an order for you to take back a copy or object, you must keep it until the court decides what to do next about the illegal copies. This is because the court might still make an order under section 134, or they might decide not to. You can ask the court to make this order without telling the other person, but only if telling them would cause you big problems or delays. This does not change any other powers the court has to make decisions. The court can make decisions about what to do with illegal copies, and this section does not affect those decisions. You can ask the court for help if someone has a copy of your work that they should not have.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346289.

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"What special words mean in sections 122B to 122U of the Copyright Act"

Part 6Remedies for infringement
Rights and remedies of copyright owner

122Order for delivery up in civil proceedings

  1. Where a person—

  2. has an infringing copy of a work in that person's possession, custody, or control in the course of a business; or
    1. has in that person's possession, custody, or control an object specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that the object has been or is to be used to make infringing copies,—
        1. the owner of the copyright in the work may apply to the court for an order that the infringing copy or object be delivered up to the copyright owner or such other person as the court may direct.

      1. No order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 134.

      2. A person to whom an infringing copy or other object is delivered up in pursuance of an order under this section shall, if an order under section 134 is not made, retain the copy or object pending the making of an order, or the decision not to make an order, under that section.

      3. Notwithstanding any rule of court, an order may be made pursuant to this section on an ex parte application by the copyright owner where service of notice of the application would cause undue delay or other serious detriment to the copyright owner.

      4. Nothing in this section affects any other power of the court.