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Copyright Act 1994

Miscellaneous provisions - Copyright management information

228: Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions

You could also call this:

"Stopping People from Charging for Programmes Without Permission"

Illustration for Copyright Act 1994

You have rights if someone charges for programmes without permission. You can take action against people who help others receive programmes they are not allowed to. This includes people who make or sell devices to receive these programmes. You have the same rights as a copyright owner when someone infringes on your rights. You can use sections like section 122 or section 132 to stop people from using devices to receive programmes they are not allowed to. If someone makes or sells a device to receive programmes without permission, you can take action against them. You can also take action against people who publish information that helps others receive programmes they are not allowed to. In some cases, the court will consider whether the person knew they were doing something wrong. The court can also decide what to do with devices that are used to receive programmes without permission, using section 134.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM347101.

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Part 11Miscellaneous provisions
Copyright management information

228Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions

  1. A person who—

  2. makes charges for the reception of programmes included in a communication work provided from a place in New Zealand; or
    1. sends encrypted transmissions of any other description from a place in New Zealand—
        1. is entitled to the rights and remedies in subsections (2) and (3).

      1. A person to whom subsection (1) applies—

      2. has the same rights and remedies against a person referred to in subsection (3) as a copyright owner has in respect of an infringement of copyright; and
        1. has the same rights under section 122 or section 132 in relation to any apparatus or device (of the kind referred to in subsection (3)(a)) as a copyright owner has in relation to an infringing copy.

          1. The person referred to in subsection (2) is a person who—

          2. makes, imports, sells, or lets for hire any apparatus or device designed or adapted to enable or assist persons to receive the programmes or other transmissions when they are not entitled to do so; or
            1. publishes any information that is calculated to enable or assist persons to receive the programmes or other transmissions when they are not entitled to do so.

              1. In section 121(1) as it applies to proceedings for infringement of the rights conferred by this section, the reference to the defendant not knowing or having reason to believe that copyright existed in the work shall be construed as a reference to not knowing or having reason to believe that the acts complained of infringed the rights conferred by this section.

              2. Section 134 applies, with all necessary modifications, in relation to the disposal of anything delivered up under subsection (2)(b).

              Notes
              • Section 228(1)(a): amended, on , pursuant to section 92 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).