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Copyright Act 1994

Remedies for infringement - Offences

131: Criminal liability for making or dealing with infringing objects

You could also call this:

"Breaking copyright rules can get you in trouble with fines or prison"

Illustration for Copyright Act 1994

If you make or deal with things that break copyright rules, you can get in trouble. You must not make or sell things that are copies of someone else's work without permission. If you do, you might have to pay a fine or go to prison. If you import or have things that are copies of someone else's work, you can get in trouble. You must not show or sell these things in public, or give them to others. If you do, you might have to pay a fine or go to prison. If you play or show someone else's work in public without permission, you can get in trouble. You must not do this if it breaks the copyright rules. If you do, you might have to pay a fine or go to prison. If you get caught breaking these rules, you might have to pay a fine of up to $10,000 for each copy, or up to $150,000 in total. You might also have to go to prison for up to 5 years. If you made money from breaking the rules, you might have to pay back the money you made, as stated in section 32(1)(a) of the Sentencing Act 2002. Some other rules do not apply to these cases, like the rules in sections 126 to 129.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346602.

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Part 6Remedies for infringement
Offences

131Criminal liability for making or dealing with infringing objects

  1. Every person commits an offence against this section who, other than pursuant to a copyright licence,—

  2. makes for sale or hire; or
    1. imports into New Zealand otherwise than for that person's private and domestic use; or
      1. possesses in the course of a business with a view to committing any act infringing the copyright; or
        1. in the course of a business,—
          1. offers or exposes for sale or hire; or
            1. exhibits in public; or
              1. distributes; or
              2. in the course of a business or otherwise, sells or lets for hire; 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 is, an infringing copy of a copyright work.

                  1. Every person commits an offence against this section who—

                  2. makes an object specifically designed or adapted for making copies of a particular copyright work; or
                    1. has such an object in that person's possession,—
                        1. knowing that the object is to be used to make infringing copies for sale or hire or for use in the course of a business.

                      1. Subject to subsection (4), every person commits an offence against this section who—

                      2. causes a literary, dramatic, or musical work to be performed, where that performance infringes copyright in that work; or
                        1. causes a sound recording or film to be played in public or shown in public, where that playing or showing infringes copyright in that sound recording or film,—
                            1. knowing that copyright in the work or, as the case requires, the sound recording or film would be infringed by that performance or, as the case requires, that playing or that showing.

                          1. Nothing in subsection (3) applies in respect of infringement of copyright by the reception of a communication work.

                          2. Every person who commits an offence against this section is liable on conviction—

                          3. in the case of an offence against subsection (1), to a fine not exceeding $10,000 for every infringing copy to which the offence relates, but not exceeding $150,000 in respect of the same transaction, or to imprisonment for a term not exceeding 5 years:
                            1. in the case of an offence against subsection (2) or subsection (3), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 5 years.

                              1. Where any person is convicted of an offence against this section in circumstances where that offence involves the making of profit or gain, that offence shall be deemed to have caused a loss of property for the purposes of section 32(1)(a) of the Sentencing Act 2002, and the provisions of that Act relating to the imposition of the sentence of reparation shall apply accordingly.

                              2. Sections 126 to 129 (which relate to presumptions) do not apply to proceedings for an offence against this section.

                              3. Repealed
                              Compare
                              • 1962 No 33 s 28(1)–(3), (5)
                              • 1990 No 71 s 3
                              Notes
                              • Section 131(4): amended, on , by section 66 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                              • Section 131(5): substituted, on , by section 6(1) of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).
                              • Section 131(5): amended, on , by section 201 of the Trade Marks Act 2002 (2002 No 49).
                              • Section 131(5)(a): amended, on , by section 201 of the Trade Marks Act 2002 (2002 No 49).
                              • Section 131(5)(b): amended, on , by section 201 of the Trade Marks Act 2002 (2002 No 49).
                              • Section 131(6): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
                              • Section 131(8): repealed, on , by section 6(2) of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).