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The Copyright (Application to Other countries) Order 1995, New Zealand

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Details Details Year of Version 1996 Dates Entry into force: January 1, 1996 Adopted: July 10, 1995 Type of Text Implementing Rules/Regulations Subject Matter Copyright and Related Rights (Neighboring Rights)

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Main text(s) Main text(s) English The Copyright (Application to Other countries) Order 1995        
NZ017: Copyright (Other Countries), Order, 10/07/1995, No. 145

THE COPYRIGHT
(APPLICATION TO OTHER COUNTRIES)
ORDER 1995

CATHERINE A. TIZARD, Governor-General

ORDER IN COUNCIL

At Wellington this 10th day of July 1995

Present:

Her Excellency the Governor-General in Council

Pursuant to sections 204 and 232 of the Copyright Act 1994, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

ORDER

1. Title and commencement-
(1) This order may be cited as the Copyright (Application to Other Countries) Order 1995.
(2) This order shall come into force on the 1st day of January 1996.
2. Interpretation-
In this order, unless the context otherwise requires,-
"Act" means the Copyright Act 1994:
"Foreign work" means a work that does not qualify for copyright under any of sections 18 (1), 19 (1) (a), 20 (1) (a), 20 (2) (a), 26, or 28 of the Act:
"Performance"-
(a) Means a live performance, being-
(i) A dramatic performance, including a dance, a mime, and a performance given with the use of puppets; or
(ii) A musical performance; or
(iii) A reading or recitation of a literary work; or
(iv) A performance of a variety act or any similar presentation; but
(b) Does not include-
(i) A performance referred to in section 47 (1) of the Act; or
(ii) A reading, recital, or delivery of any item of news and information; or
(iii) A performance of a sporting activity; or
(iv) Participation a performance as a member of an audience.
3. Meaning of "first published"-
For the purposes of this order, publication in one country shall not be regarded as other than the first publication by reason of simultaneous publication elsewhere; and for this purpose publication elsewhere within the previous 30 days shall be treated as simultaneous.

Copyright in Foreign Works other than Sound Recordings, Broadcasts, and Cable Programmes

4. Foreign works to which section 18 (2) of Act does not apply-
In section 18 (2) of the Act, the term "work" does not include-
(a) A literary, dramatic, musical, or artistic work that is a foreign work that was first published before the 1st day of April 1963; or
(b) A literary, dramatic, musical, or artistic work that is a foreign work that was first published before the 1st day of January 1995 and whose author was not, at the material time,-
(i) A citizen or subject of a country specified in the First Schedule to this order; or
(ii) An individual domiciled or resident in a country specified in the First Schedule to this order; or
(iii) A body incorporated under the law of a country specified in the First Schedule to this order.
5. Foreign works to which section 18 (2) of Act applies-
(a) The term "work" means a foreign work to which clause 4 of this order does not apply and that is of one of the following descriptions:
(i) A literary, dramatic, musical, or artistic work:
(ii) A film:
(iii) A typographical arrangement of a published edition:
(b) The term "prescribed foreign country", in relation to a work to which paragraph (a) of this clause applies, means a country specified in the First Schedule to this order.
6. Application of Act to foreign works to which section 18 (2) of Act applies-
Where, in accordance with clause 5 of this order, a foreign work qualifies for copyright under section 18 (2) of the Act, the provisions of the Act apply to that work, except that the provisions of Part IX of the Act do not apply.
7. Foreign works to which section 19 (1) (b) of Act applies-
(a) The term "work" means a foreign work of one of the following descriptions:
(i) A literary, dramatic, musical, or artistic work:
(ii) A film:
(iii) A typographical arrangement of a published edition:
(b) The term "prescribed foreign country", in relation to a work to which paragraph (a) of this clause applies, means a country specified in the First Schedule to this order.
8. Application of Act to foreign works to which section 19 (1) (b) of Act applies-
Where, in accordance with clause 7 of this order, a foreign work qualifies for copyright under section 19 (1) (b) of the Act, the provisions of the Act apply to that work, except that the provisions of Part IX of the Act do not apply.

Copyright in Foreign Works that are Sound Recordings

9. Application of Act to sound recordings-
(a) The term "work" includes a foreign work that is a sound recording:
(b) The term "prescribed foreign country", in relation to a foreign work that as a sound recording, means a country specified in the First Schedule to this order.
(2) Where, in accordance with subclause (1) of this clause, a foreign work that is a sound recording qualifies for copyright under section 18 (2) or section 19 (1) (b) of the Act, the provisions of the Act apply to that work, except that-
(a) Sections 32 (2) to (4), 33 (b), 39, and 131 (3) (b) of the Act apply only if-
(i) The country specified in the First Schedule to this order is also specified in the Second Schedule to this order; or
(ii) The sound recording is a film sound-track accompanying a film:
(b) The provisions of Part IX of the Act do not apply.

Copyright in Foreign Works that are Broadcasts

10. Application of Act to broadcasts-
(1) In-
(a) Section 18 (2) of the Act, the term "work" includes a foreign work that is a broadcast made on or after the 1st day of January 1995:
(b) Sections 18 (2) and 20 (1) (b) of the Act the term "prescribed foreign country", in relation to a foreign work that is a broadcast made on or after the 1st day of January 1995, means a country specified in the Second Schedule to this order.
(2) Where, in accordance with subclause (1) of this clause, a foreign work that is a broadcast made on or after the 1st day of January 1995 qualifies for copyright under section 18 (2) or section 20 (1) (b) of the Act, the provisions of the Act apply to that work, except that-
(a) For the purposes of section 24 (2) of the Act, copyright shall not exist in a repeated broadcast made on or after the 1st day of January 1995 where the initial broadcast was made before that date:
(b) The provisions of Part IX of the Act do not apply.

Expenditure or Liability Incurred in Connection with Copyright Work

11. Expenditure or liability incurred in connection with copyright work-
(1) This clause applies in any case where-
(a) A work was made before the commencement of this order; and
(b) When the work was made, copyright did not exist in the work under the Copyright Act 1962 or section 230 of the Copyright Act 1994; and
(c) Copyright exists in the work pursuant to clauses 5, 7, 9 (1), or 10 (1) of this order.
(2) Where, in any case to which subclause (1) of this clause applies, a person incurred any expenditure or liability relating to an act that, at the time the act was done, was not an act restricted by copyright in the work, the person does not do an act restricted by copyright by doing, or continuing to do, that act in respect of the work when copyright exists in the work.
(3) Notwithstanding subclause (2) of this clause, an act that under that subclause is not an act restricted by copyright when copyright exists in the work may become an act restricted by copyright if the owner of the copyright or his or her exclusive licensee (if any) pays the person such compensation for the person's expenditure or liability as may be agreed upon or, in default of a cement, as shall be determined by arbitration in accordance with the provisions of the Arbitration Act 1908.

Transitional Provision

12. Application of provisions of Act to foreign works in which copyright existed at commencement-
Notwithstanding anything in this order, the provisions of the Act-
(a) Apply to any foreign work in which copyright existed immediately before the commencement of the Act; and
(b) Are deemed to be satisfied, so far as they relate to qualification for copyright, by every foreign work in which copyright existed immediately before the commencement of the Act.
13. Application of Part IX of Act to specified countries-
The provisions of Part IX of the Act are hereby declared to apply in relation to-
(a) An performance given in an of the countries specified in the Third Schedule to this order; and
(b) Any performance given in any country by a citizen or subject of or a person domiciled or resident in any of the countries specified in the Third Schedule to this order.

SCHEDULES

FIRST SCHEDULE

Cls. 4, 5, 7, 9

Countries to which Copyright Act 1994 (Except Part ix) Applies, in Respect of all Works Except Broadcasts and Cable Programmes

Albania

Croatia

Algeria

Cuba

Andorra

Cyprus

Antigua and Barbuda

Czech Republic

Argentina

Denmark

Australia

Djibouti

Austria

Dominica

Bahamas

Dominican Republic

Bahrain

Ecuador

Bangladesh

Egypt

Barbados

El Salvador

Belarus

Estonia

Belgium

Fiji

Belize

Finland

Benin

France

Bolivia

Gabon

Bosnia and Herzegovina

Gambia

Botswana

Germany

Brazil

Ghana

Brunei Darussalam

Greece

Bulgaria

Guatemala

Burkina Faso

Guinea

Cambodia

Guinea-Bissau

Cameroon

Guyana

Canada

Haiti

Central African Republic

Holy See

Chad

Honduras

Chile

Hong Kong

China

Hungary

Colombia

Iceland

Congo

India

Costa Rica

Indonesia

Côte d'Ivoire

Ireland

Panama

Israel

Paraguay

Italy

Peru

Jamaica

Philippines

Japan

Poland

Kazakhstan

Portugal

Kenya

Romania

Korea, Republic of

Russian Federation

Kuwait

Rwanda

Laos

Saint Kitts and Nevis

Latvia

Saint Lucia

Lebanon

Saint Vincent and the Grenadines

Lesotho

Saudi Arabia

Liberia

Senegal

Libya

Singapore

Liechtenstein

Slovak Republic

Lithuania

Slovenia

Luxembourg

South Africa

Macau

Spain

Macedonia, former Yugoslav Republic of

Sri Lanka

Madagascar

Suriname

Malawi

Swaziland

Malaysia

Sweden

Maldives

Switzerland

Mali

Tajikistan

Malta

Tanzania, United Republic of

Mauritania

Thailand

Mauritius

Togo

Mexico

Trinidad and Tobago

Monaco

Tunisia

Morocco

Turkey

Myanmar

Uganda

Namibia

Ukraine

Netherlands (and the Netherlands Antilles)

United Kingdom

Nicaragua

United States of America

Niger

Uruguay

Nigeria

Venezuela

Norway

Zaire

Pakistan

Zambia

Zimbabwe

SECOND SCHEDULE

Cls. 9 (2), 10 (1)

Countries to which Copyright Act 1994 (Except Part ix) Applies, in Respect of Sound Recording and Broadcasts

Antigua and Barbuda

Kenya

Argentina

Korea, Republic of

Australia

Kuwait

Austria

Lesotho

Bahrain

Luxembourg

Bangladesh

Macau

Barbados

Malawi

Belgium

Malaysia

Belize

Maldives

Botswana

Mali

Brazil

Malta

Brunei Darussalam

Mauritania

Burkina Faso

Mauritius

Canada

Mexico

Central African Republic

Morocco

Chile

Myanmar

Colombia

Namibia

Costa Rica

Netherlands (and the Netherlands Antilles)

Côte d'Ivoire

Nigeria

Cuba

Norway

Czech Republic

Pakistan

Denmark

Paraguay

Djibouti

Peru

Dominica

Philippines

Dominican Republic

Poland

Egypt

Portugal

El Salvador

Romania

Finland

Saint Lucia

France

Saint Vincent and the Grenadines

Gabon

Senegal

Germany

Singapore

Ghana

Slovak Republic

Greece

South Africa

Guinea Bissau

Spain

Guyana

Sri Lanka

Honduras

Suriname

Hong Kong

Swaziland

Hungary

Sweden

Iceland

Switzerland

India

Tanzania, United republic of

Indonesia

Thailand

Ireland

Togo

Israel

Trinidad ans Tobago

Italy

Tunisia

Jamaica

Turkey

Japan

Uganda

United Kingdom

Venezuela

United States of America

Zambia

Uruguay

Zimbabwe

THIRD SCHEDULE

Countries to which Part IX of Copyright Act 1994 Applies

Cl. 13

Antigua and Barbuda

Iceland

Argentina

India

Australia

Indonesia

Austria

Ireland

Bahrain

Israel

Bangladesh

Italy

Barbados

Jamaica

Belgium

Japan

Belize

Kenya

Botswana

Korea, Republic of

Bran

Kuwait

Brunei Darussalam

Lesotho

Burkina Faso

Luxembourg

Canada

Macau

Central African Republic

Malawi

Chile

Malaysia

Colombia

Maldives

Costa Rica

Mali

Côte d'Ivoire

Malta

Cuba

Mauritania

Czech Republic

Mauritius

Denmark

Mexico

Djibouti

Morocco

Dominica

Myanmar

Dominican Republic

Namibia

Egypt

Netherlands (and the Netherlands Antilles)

El Salvador

Nigeria

Finland

Norway

France

Pakistan

Gabon

Paraguay

Germany

Peru

Ghana

Philippines

Greece

Poland

Guinea-Bissau

Portugal

Guyana

Romania

Honduras

Saint Lucia

Hong Kong

Saint Vincent and the Grenadines

Hungary

Senegal

Togo

Singapore

Trinidad and Tobago

Slovak Republic

Tunisia

South Africa

Turkey

Spain

Uganda

Sri Tulsa

United Kingdom

Suriname

United States of America

Swaziland

Uruguay

Sweden

Venezuela

Switzerland

Zambia

Tanzania, United Republic of

Zimbabwe

Thailand

MARIE SHROFF,
Clerk of the Executive Council.

EXPLANATORY NOTE

This note is not part of the order, but is intended to indicate its general effect.

This order comes into force on 1 January 1996.

Clauses 4to 9 apply to works that are literary, dramatic, musical, and artistic works, sound recordings, films, and typographical arrangements of published editions and that qualify for copyright either because the author is a citizen or subject of, or a person domiciled or resident in, or a body incorporated under the law of, a country specified in the First Schedule or because the works are first published in a country specified in the First Schedule. The clauses apply the provisions of the Copyright Act 1994 to such works. However, Part IX of the Act does not apply to them, and some of the infringement provisions apply to sound recordings only if the country specified in the First Schedule is also specified in the Second Schedule or if the sound recording is a film sound-track.

Clause 10 applies to broadcasts made on or after 1 January 1995 that qualify for copyright because the author is a citizen or subject of, or a person domiciled or resident in, or a body incorporated under the law of, a country specified in the Second Schedule or because the broadcast is made from a country specified in the Second Schedule. The clause applies the provisions of the Copyright Act 1994 to such broadcasts. However, Part IX of the Act does not apply to them, and tale Act's provision on copyright in repeated broadcasts is modified.

Clause 13 applies the provisions of Part IX of the Copyright Act 1994 to performances given in, or given by subjects or citizens of or persons resident or domiciled in, the countries specified in the Third Schedule to the order. Part IX deals with performers' rights in their performances.

The countries specified in the First Schedule are parties to one, some, or all of-

(a) The Berne Convention for the Protection of Literary and Artistic Works, 9 September 1886, completed at Paris 4 May 1896; revised at Berlin 13 November 1908 and completed at Berne 20 March 1914; revised at Rome 2 dune 1928, at Brussels 26 June 1948, at Stockholm 14 July 1967, and at Paris 24 July 1971, and amended at Paris 2 October 1979:

(b) The Universal Copyright Convention adopted at Geneva 6 September 1952 and annexed Protocols 1, 2, and 3:

(c) The Agreement establishing the World Trade Organisation done at Marrakesh 15 April 1994 (World Trade Organisation Agreement).

The countries specified in the Second and Third Schedules are parties to the World Trade Organisation Agreement.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 July 1995.

This order is administered in the Department of Justice.

Wellington, New Zealand: Published under the authority of the
New Zealand Government-1995

64205J - 95/NS


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