Unión Europea
Nueva Zelandia
Derecho de autor y derechos conexos
7. To what extent and for which purposes does New Zealand copyright law permit the playing or showing in public of broadcasts or cable programmes (Article 14.1 of the TRIPS Agreement)?
The owner of copyright has the right to play or show in public broadcasts or cable programmes (Sections 16 and 32 of the Copyright Act 1994). There are, however, limitations to this exclusive right as follows: -Section 47:A broadcast or cable programme, shown at a prescribed educational establishment, is deemed not to be a showing in public. -Section 57:A sound recording or film in an archive maintained by Radio New Zealand Limited, Television New Zealand Limited or the New Zealand Film Archive respectively, may be shown to the public provided any charge to the public is no more than that necessary to recover charges. This does not apply, however, where there is a licensing scheme in operation and the archive is aware of that fact. -Section 87:A broadcast or cable programme may be played or shown in public to an audience who have not paid for admission or, having paid a fee for admission, the fee is not attributable to the playing or showing. The purpose of this provision is to allow clubs, societies and prisons to play broadcasts. -Section 178:Performers' rights: This provision is equivalent in effect to Section 47. -Section 188:Performers' rights: This provision is equivalent in effect to Section 87.