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Copyright Act 1994

Remedies for infringement - Disposal of infringing copy or other object

134: Order as to disposal of infringing copy or other object

You could also call this:

"What happens to copies that break copyright rules?"

Illustration for Copyright Act 1994

You can ask the court to decide what happens to a copy of something that breaks copyright rules. The court can say the copy should be given to the copyright owner or destroyed. The court thinks about what is fair when making this decision. You can go to court if you have an interest in the copy, even if you were not told about the court case. You can also appeal if you do not agree with the court's decision. If many people have an interest in the copy, the court can say it should be sold and the money shared. If the court decides not to make an order, the copy will be returned to the person who had it before. The court will consider what is best for the copyright owner when making its decision, and it will also think about other ways the owner could be compensated. The court wants to make sure the copy is not disposed of in a way that would hurt the copyright owner. The court will give directions on who should be told about the court case, and when the decision will take effect. This will depend on whether anyone appeals the decision or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346615.

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Part 6Remedies for infringement
Disposal of infringing copy or other object

134Order as to disposal of infringing copy or other object

  1. An application may be made to the court for an order that an infringing copy or other object delivered up pursuant to an order made under section 122 or section 132 shall be—

  2. forfeited to the copyright owner; or
    1. destroyed or otherwise dealt with as the court thinks fit.

      1. In considering what order (if any) should be made under subsection (1), the court shall have regard to—

      2. whether other remedies available in proceedings for infringement of copyright would be adequate to compensate the copyright owner and to protect the interests of the copyright owner; and
        1. the need to ensure that no infringing copy is disposed of in a manner that would adversely affect the copyright owner.

          1. The court shall issue directions as to the service of notice on persons having an interest in the copy or other object.

          2. Any person having an interest in the copy or other object is entitled—

          3. to appear in proceedings for an order under this section, whether or not that person is served with notice; and
            1. to appeal against any order made, whether or not that person appears in the proceedings;—
                1. and an order made under subsection (1) shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

              1. Where there is more than 1 person interested in a copy or other object, the court may direct that the object be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just.

              2. If the court decides that no order should be made under this section, the person in whose possession, custody, or control the copy or other object was before being delivered up is entitled to its return.

              Compare
              • 1962 No 33 s 28(4)