2016/260
Copyright (Application to Other Countries) Amendment Order 2016
Patsy Reddy, Governor-General
Order in Council
At Wellington this 7th day of November 2016
Present: Her Excellency the Governor-General in Council
This order is made under sections 204 and 232 of the Copyright Act 1994— (a) on the advice and with the consent of the Executive Council; and (b) on the recommendation of the Minister of Commerce and Consumer Affairs
made in accordance with those sections of that Act.
Contents Page
1 Title 2 2 Commencement 2 3 Principal order 2 4 Clause 2 amended (Interpretation) 2 5 Cross-heading above clause 4 amended 2 6 Clause 9 amended (Application of Act to sound recordings) 2 7 Clause 10 and cross-heading above clause 10 replaced 2
Copyright in foreign works that are communication works
10 Application of Act to communication works 2 8 Schedule 1 amended 3 9 Schedule 2 amended 4 10 Schedule 3 amended 4
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Copyright (Application to Other Countries) cl 1 Amendment Order 2016 2016/260
Order
1 Title This order is the Copyright (Application to Other Countries) Amendment Order 2016.
2 Commencement This order comes into force on 1 January 2017.
3 Principal order This order amends the Copyright (Application to Other Countries) Order 1995 (the principal order).
4 Clause 2 amended (Interpretation) In clause 2, definition of foreign work, replace “20(1)(a), 20(2)(a)” with “20(a)”.
5 Cross-heading above clause 4 amended In the cross-heading above clause 4, replace “, broadcasts, and cable pro- grammes” with “and communication works”.
6 Clause 9 amended (Application of Act to sound recordings) In clause 9(2)(a), replace “33(b)” with “33”.
7 Clause 10 and cross-heading above clause 10 replaced Replace clause 10 and the cross-heading above clause 10 with:
Copyright in foreign works that are communication works
10 (1)
Application of Act to communication works
(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:
In—
(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,—
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Copyright (Application to Other Countries) 2016/260 Amendment Order 2016 cl 8
(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.
8 Schedule 1 amended (1) In the Schedule 1 heading, replace “broadcasts and cable programmes” with
“communication works”. (2) In Schedule 1, revoke the items relating to Cape Verde, European Communi-
ties, and Netherlands (and the Netherlands Antilles). (3) In Schedule 1, insert in their appropriate alphabetical order:
Armenia Bhutan Cabo Verde Comoros European Union Korea, Democratic People’s Republic of Micronesia, Federated States of Montenegro Nepal Netherlands Niue Samoa São Tomé and Principe Serbia Seychelles Sudan Syrian Arab Republic Tonga Turkmenistan Uzbekistan Vanuatu Vietnam Yemen
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Copyright (Application to Other Countries) cl 9 Amendment Order 2016 2016/260
9 Schedule 2 amended (1) In the Schedule 2 heading, replace “broadcasts” with “communication
works”. (2) In Schedule 2, revoke the items relating to European Communities and Nether-
lands (and the Netherlands Antilles). (3) In Schedule 2, insert in their appropriate alphabetical order:
Albania Armenia Cabo Verde Cambodia China Croatia European Union Lao People’s Democratic Republic Lithuania Macedonia, Former Yugoslav Republic of Moldova, Republic of Montenegro Nepal Netherlands Oman Russian Federation Samoa Saudi Arabia Seychelles Tajikistan Tonga Ukraine Vanuatu Vietnam Yemen
10 Schedule 3 amended (1) In Schedule 3, revoke the items relating to European Communities and Nether-
lands (and the Netherlands Antilles). (2) In Schedule 3, insert in their appropriate alphabetical order:
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Copyright (Application to Other Countries) 2016/260 Amendment Order 2016 cl 10
Albania Algeria Armenia Azerbaijan Belarus Bosnia and Herzegovina Cabo Verde Cambodia China Croatia European Union Kazakhstan Lao People’s Democratic Republic Lithuania Macedonia, Former Yugoslav Republic of Moldova, Republic of Monaco Montenegro Nepal Netherlands Oman Russian Federation Samoa Saudi Arabia Serbia Seychelles Tajikistan Tonga Ukraine Vanuatu Vietnam Yemen
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Copyright (Application to Other Countries) Explanatory note Amendment Order 2016 2016/260
Michael Webster, 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, which comes into force on 1 January 2017, amends the Copyright (Appli- cation to Other Countries) Order 1995 (the principal order). This order— • updates references to the Copyright Act 1994 (the Act) to reflect changes to the
numbering in that Act: • updates terminology to reflect terminology changes in the Act, in particular re-
placing references to broadcasts and cable programmes with references to com- munication works:
• amends the list of countries in each of the schedules of the principal order to reflect changes in the membership of the relevant international organisations and treaties.
Issued under the authority of the Legislation Act 2012. Date of notification in Gazette: 10 November 2016. This order is administered by the Ministry of Business, Innovation, and Employment.
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2016
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