New Zealand Acts

COPYRIGHT (NEW TECHNOLOGIES) AMENDMENT ACT 2008 - SECT 63

63 New sections 112 to 112B substituted

The principal Act is amended by repealing section 112 and substituting the following sections:

112 Warranty implied in certain licences

1 This section applies to a licence that has been granted for—

a) the performance or communication to the public of a copyright work that is a literary, dramatic, or musical work or a sound recording or film; or

b) the inclusion of a copyright work that is an artistic work in a performance or a communication work.

2 A warranty is implied in the licence that the person by whom or on whose behalf the licence is granted is—

a) the owner of the copyright in the work, sound recording, or film that is the subject of the licence; or

b) authorised to grant the licence by the copyright owner.

112A Damages for falsely claiming copyright ownership or licence

1 This section applies if—

a) a person (
"A" ) falsely claims to be, or to have been granted a licence by or on behalf of, the owner of the copyright in a literary, dramatic, musical, or an artistic work or a sound recording or film; and

b) A has threatened or commenced proceedings for preventing, or claiming damages in respect of, a performance or communication to the public of the work, sound recording, or film (which in this section is called the
"event" ); and

c) as a result of the threat or commencement of proceedings, the event has not taken place.

2 A court may award damages to compensate any of the following persons for any loss sustained because the event did not take place:

a) in the case of a threat of proceedings, the person to whom A made the threat:

b) in the case of the commencement of proceedings, a defendant:

c) any other person interested in the event.

112B Provisions of sections 112 and 112A to have effect no matter what licence says

The provisions of sections 112 and 112A have effect no matter what any licence may say, and extend to all licences whether granted before or after the commencement of this Act.