Reprint as at 1 January 2017
Copyright (Application to Other Countries) Order 1995 (SR 1995/145)
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 Coun- cil, hereby makes the following order.
Contents Page
1 Title and commencement 2 2 Interpretation 2 3 Meaning of first published 3
Copyright in foreign works other than sound recordings and communication works
4 Foreign works to which section 18(2) of Act does not apply 3 5 Foreign works to which section 18(2) of Act applies 4
Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This order is administered by the Ministry of Business, Innovation, and Employment.
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cl 1 Copyright (Application to Other Countries) Order 1995 Reprinted as at 1 January 2017
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Application of Act to foreign works to which section 18(2) of Act applies Foreign works to which section 19(1)(b) of Act applies Application of Act to foreign works to which section 19(1)(b) of Act applies
Copyright in foreign works that are sound recordings Application of Act to sound recordings
Copyright in foreign works that are communication works Application of Act to communication works Expenditure or liability incurred in connection with copyright work Expenditure or liability incurred in connection with copyright work
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Transitional provision Application of provisions of Act to foreign works in which copyright existed at commencement
Performers’ rights Application of Part 9 of Act to specified countries
Schedule 1 Countries to which Copyright Act 1994 (except Part 9) applies,
in respect of all works except communication works Schedule 2
Countries to which Copyright Act 1994 (except Part 9) applies, in respect of sound recordings and communication works
Schedule 3 Countries to which Part 9 of Copyright Act 1994 applies
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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 1 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(a), 26, or 28 of the Act
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 cl 4
performance— (a) means a live performance, being—
(i) a dramatic performance, including a dance, a mime, and a per- formance 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 informa-
tion; or (iii) a performance of a sporting activity; or (iv) participation in a performance as a member of an audience.
Clause 2 foreign work: amended, on 1 January 2017, by clause 4 of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
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 else- where; and for this purpose publication elsewhere within the previous 30 days shall be treated as simultaneous.
Copyright in foreign works other than sound recordings and communication works
Heading: amended, on 1 January 2017, by clause 5 of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
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 1 April 1963; or (b) a literary, dramatic, musical, or artistic work that is a foreign work that
was first published before 1 January 1995 and whose author was not, at the material time,— (i) a citizen or subject of a country specified in Schedule 1; or (ii) an individual domiciled or resident in a country specified in
Schedule 1; or (iii) a body incorporated under the law of a country specified in
Schedule 1.
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cl 5 Copyright (Application to Other Countries) Order 1995 Reprinted as at 1 January 2017
5 Foreign works to which section 18(2) of Act applies In section 18(2) of the Act,— (a) the term work means a foreign work to which clause 4 does not apply
and that is of one of the following descriptions: (i) a literary, dramatic, musical, or artistic work: (ii) a film:
(b) (iii) a typographical arrangement of a published edition: the term prescribed foreign country, in relation to a work to which paragraph (a) applies, means a country specified in Schedule 1.
6 Application of Act to foreign works to which section 18(2) of Act applies Where, in accordance with clause 5, 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 9 of the Act do not apply.
7 Foreign works to which section 19(1)(b) of Act applies In section 19(1)(b) of the Act,— (a) the term work means a foreign work of one of the following descrip-
tions: (i) a literary, dramatic, musical, or artistic work: (ii) a film:
(b) (iii) a typographical arrangement of a published edition: the term prescribed foreign country, in relation to a work to which paragraph (a) applies, means a country specified in Schedule 1.
8 Application of Act to foreign works to which section 19(1)(b) of Act applies Where, in accordance with clause 7, 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 9 of the Act do not apply.
Copyright in foreign works that are sound recordings
9 Application of Act to sound recordings (1) In sections 18(2) and 19(1)(b) of the Act,—
(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
is a sound recording, means a country specified in Schedule 1. (2) Where, in accordance with subclause (1), a foreign work that is a sound record-
ing 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—
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 cl 11
(a) sections 32(2) to (4), 33, 39, and 131(3)(b) of the Act apply only if— (i) the country specified in Schedule 1 is also specified in Schedule
2; or (ii) the sound recording is a film soundtrack accompanying a film:
(b) the provisions of Part 9 of the Act do not apply. Clause 9(2)(a): amended, on 1 January 2017, by clause 6 of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
Copyright in foreign works that are communication works Heading: replaced, on 1 January 2017, by clause 7 of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
10 Application of Act to communication works (1) In—
(a) section 18(2) of the Act, the term work includes a foreign work that is a communication work made on or after 1 January 1995:
(b) sections 18(2) and 20(b) of the Act, the term prescribed foreign coun- try, in relation to a foreign work that is a communication work made on or after 1 January 1995, means a country specified in Schedule 2.
(2) Where, in accordance with subclause (1), a foreign work that is a communica- tion work made on or after 1 January 1995 qualifies for copyright under section 18(2) or 20(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, there is no copyright in a
repeated communication work made on or after 1 January 1995 where the initial communication work was made before that date:
(b) the provisions of Part 9 of the Act do not apply. Clause 10: replaced, on 1 January 2017, by clause 7 of the Copyright (Application to Other Coun- tries) Amendment Order 2016 (LI 2016/260).
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).
(2) Where, in any case to which subclause (1) applies, a person incurred any ex- penditure 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
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cl 12 Copyright (Application to Other Countries) Order 1995 Reprinted as at 1 January 2017
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), an act that under that subclause is not an act re- stricted by copyright when copyright exists in the work may become an act re- stricted by copyright if the owner of the copyright or his or her exclusive licen- see (if any) pays the person such compensation for the person’s expenditure or liability as may be agreed upon or, in default of agreement, as shall be deter- mined 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 be-
fore the commencement of the Act; and (b) are deemed to be satisfied, so far as they relate to qualification for copy-
right, by every foreign work in which copyright existed immediately be- fore the commencement of the Act.
Performers’ rights
13 Application of Part 9 of Act to specified countries The provisions of Part 9 of the Act are hereby declared to apply in relation to— (a) any performance given in any of the countries specified in Schedule 3;
and (b) any performance given in any country by a citizen or subject of or a per-
son domiciled or resident in any of the countries specified in Schedule 3.
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 Schedule 1
Schedule 1 Countries to which Copyright Act 1994 (except Part 9) applies, in
respect of all works except communication works cls 4, 5, 7, 9
Schedule 1: substituted, on 7 December 2000, by clause 3 of the Copyright (Application to Other Countries) Amendment Order 2000 (SR 2000/235).
Schedule 1 heading: amended, on 1 January 2017, by clause 8(1) of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cabo Verde
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Reprinted as at Schedule 1 Copyright (Application to Other Countries) Order 1995 1 January 2017
Cambodia Cameroon Canada Central African Republic Chad Chile China Colombia Comoros Congo Congo, Democratic Republic of Costa Rica Côte d’Ivoire Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt, Arab Republic of El Salvador Equatorial Guinea Estonia European Union Fiji Finland France Gabon Gambia Georgia Germany Ghana
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 Schedule 1
Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holy See Honduras Hong Kong, China Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Korea, Democratic People’s Republic of Korea, Republic of Kuwait Kyrgyzstan, Republic of Lao People’s Democratic Republic Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg
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Reprinted as at Schedule 1 Copyright (Application to Other Countries) Order 1995 1 January 2017
Macau, China Macedonia, former Yugoslav Republic of Madagascar Malawi Malaysia Maldives Mali Malta Mauritania Mauritius Mexico Micronesia, Federated States of Moldova, Republic of Monaco Mongolia Montenegro Morocco Mozambique Myanmar Namibia Nepal Netherlands Nicaragua Niger Nigeria Niue Norway Oman Pakistan Panama Papua New Guinea Paraguay Peru Philippines Poland
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 Schedule 1
Portugal Qatar Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa São Tomé and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovak Republic Slovenia Solomon Islands South Africa Spain Sri Lanka Sudan Suriname Swaziland Sweden Switzerland Syrian Arab Republic Taiwan Tajikistan Tanzania, United Republic of Thailand Togo Tonga Trinidad and Tobago
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Reprinted as at Schedule 2 Copyright (Application to Other Countries) Order 1995 1 January 2017
Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirates United Kingdom (and the Isle of Man) United States of America Uruguay Uzbekistan Vanuatu Venezuela Vietnam Yemen Zambia Zimbabwe Schedule 1: amended, on 1 January 2017, by clause 8(2) of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
Schedule 1: amended, on 1 January 2017, by clause 8(3) of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
Schedule 2 Countries to which Copyright Act 1994 (except Part 9) applies, in
respect of sound recordings and communication works cls 9(2), 10(1)
Schedule 2: substituted on 7 December 2000, by clause 3 of the Copyright (Application to Other Countries) Amendment Order 2000 (SR 2000/235).
Schedule 2 heading: amended, on 1 January 2017, by clause 9(1) of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
Albania Angola Antigua and Barbuda Argentina Armenia Australia Austria Bahrain
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 Schedule 2
Bangladesh Barbados Belgium Belize Benin Bolivia Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cabo Verde Cambodia Cameroon Canada Central African Republic Chad Chile China Colombia Congo Congo, Democratic Republic of Costa Rica Côte d’Ivoire Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt, Arab Republic of
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Reprinted as at Schedule 2 Copyright (Application to Other Countries) Order 1995 1 January 2017
El Salvador Estonia European Union Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Honduras Hong Kong, China Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Kenya Korea, Republic of Kuwait Kyrgyzstan, Republic of Lao People’s Democratic Republic
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 Schedule 2
Latvia Lesotho Liechtenstein Lithuania Luxembourg Macau, China Macedonia, Former Yugoslav Republic of Madagascar Malawi Malaysia Maldives Mali Malta Mauritania Mauritius Mexico Moldova, Republic of Mongolia Montenegro Morocco Mozambique Myanmar Namibia Nepal Netherlands Nicaragua Niger Nigeria Norway Oman Pakistan Panama Papua New Guinea Paraguay Peru
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Reprinted as at Schedule 2 Copyright (Application to Other Countries) Order 1995 1 January 2017
Philippines Poland Portugal Qatar Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa Saudi Arabia Senegal Seychelles Sierra Leone Singapore Slovak Republic Slovenia Solomon Islands South Africa Spain Sri Lanka Suriname Swaziland Sweden Switzerland Taiwan Tajikistan Tanzania, United Republic of Thailand Togo Tonga Trinidad and Tobago Tunisia Turkey
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 Schedule 3
Ukraine Uganda United Arab Emirates United Kingdom (and the Isle of Man) United States of America Uruguay Vanuatu Venezuela Vietnam Yemen Zambia Zimbabwe Schedule 2: amended, on 1 January 2017, by clause 9(2) of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
Schedule 2: amended, on 1 January 2017, by clause 9(3) of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
Schedule 3 Countries to which Part 9 of Copyright Act 1994 applies
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Schedule 3: substituted on 7 December 2000, by clause 3 of the Copyright (Application to Other Countries) Amendment Order 2000 (SR 2000/235).
Albania Algeria Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahrain Bangladesh Barbados Belarus Belgium Belize
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Reprinted as at Schedule 3 Copyright (Application to Other Countries) Order 1995 1 January 2017
Benin Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cabo Verde Cambodia Cameroon Canada Central African Republic Chad Chile China Colombia Congo Congo, Democratic Republic of Costa Rica Côte d’Ivoire Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt, Arab Republic of El Salvador Estonia European Union
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 Schedule 3
Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Honduras Hong Kong, China Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Korea, Republic of Kuwait Kyrgyzstan, Republic of Lao People’s Democratic Republic Latvia Lesotho
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Reprinted as at Schedule 3 Copyright (Application to Other Countries) Order 1995 1 January 2017
Liechtenstein Lithuania Luxembourg Macau, China Macedonia, Former Yugoslav Republic of Madagascar Malawi Malaysia Maldives Mali Malta Mauritania Mauritius Mexico Moldova, Republic of Monaco Mongolia Montenegro Morocco Mozambique Myanmar Namibia Nepal Netherlands Nicaragua Niger Nigeria Norway Oman Pakistan Panama Papua New Guinea Paraguay Peru Philippines
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 Schedule 3
Poland Portugal Qatar Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovak Republic Slovenia Solomon Islands South Africa Spain Sri Lanka Suriname Swaziland Sweden Switzerland Taiwan Tajikistan Tanzania, United Republic of Thailand Togo Tonga Trinidad and Tobago Tunisia Turkey
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Reprinted as at Schedule 3 Copyright (Application to Other Countries) Order 1995 1 January 2017
Uganda Ukraine United Arab Emirates United Kingdom (and the Isle of Man) United States of America Uruguay Vanuatu Venezuela Vietnam Yemen Zambia Zimbabwe Schedule 3: amended, on 1 January 2017, by clause 10(1) of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
Schedule 3: amended, on 1 January 2017, by clause 10(2) of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).
Marie Shroff, Clerk of the Executive Council.
Issued under the authority of the Legislation Act 2012. Date of notification in Gazette: 13 July 1995.
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Reprinted as at 1 January 2017 Copyright (Application to Other Countries) Order 1995 Notes
Reprints notes
1 General This is a reprint of the Copyright (Application to Other Countries) Order 1995 that incorporates all the amendments to that order as at the date of the last amendment to it.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012. See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260)
Copyright (Application to Other Countries) Amendment Order 2000 (SR 2000/235)
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2017
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