Estados Unidos de América

Países Bajos

Derecho de autor y derechos conexos

12. Please explain whether and how New Zealand law protects computer programmes and other works from being loaded into a computer and displayed on a monitor without authorization, as required by TRIPS Article 10.1, and by Berne Articles 9(1) and 11 to 14, as incorporated through TRIPS Article 9.1.

Computer programmes are protected under the Copyright Act 1994 by virtue of: -being a literary work (Section 2(1)(a) "Literary work" refers); -copyright existing in original literary works (Section 14(1)(a) refers); -copyright owners having exclusive rights including the right to copy a work (Section 16(1)(a) refers) which includes reproducing or recording the work in any material form (Section 2(1) "Copyright" refers) and the right to adapt a work (Section 16(1)(g) refers) which, in the case of a computer programme, includes conversion of it into a different computer language or work (Section 2(1) "Adaptation" refers); and -copyright infringement occurring where a person, other than the copyright owner, does any restricted act (Section 29 refers). These provisions meet the requirements of both Berne and TRIPS.