Yes, New Zealand does so. A film qualifies for copyright if the author is either: a citizen or subject, a domiciled or resident individual, or a body incorporated under the law, of a prescribed foreign country. A work of joint authorship qualifies under this section if any of the authors meet these requirements (Section 18 of the Copyright Act 1994 refers). It should be noted that: -an author is defined as the person who makes the arrangements necessary for making a film and can be a natural person or a body corporate (Section 5); -provision is made for works of joint authorship (Section 6); and -the Copyright (Application to Other Countries) Order is relevant (see response to question 1).

There is a general right for authors to be identified as the author of a work (Section 94) providing the right has been asserted (Section 96). There is only one exception to this right which is education related, namely things to do with examinations (Section 97). The right does, therefore, cover literary and artistic works by way of utilization in publications, broadcasting, and sound or visual recordings for teaching. New Zealand considers that education related exceptions are covered by Berne Article 9(3).

New Zealand complies with Berne Article 15(3) in relation to anonymous or pseudonymous works. Where the name of the publisher appears on copies of the work as first published, the publisher is presumed, until the contrary is proven, to represent the author and is entitled to protect and enforce the author's rights (Section 126 of the Copyright Act 1994). An unknown author is not subsequently to be regarded as unknown if the identity becomes known (Section 7).

New Zealand has not applied, and there are currently no proposals to apply, Section 234(o)(i) and (iii) in relation to the authorization of the rental to the public of computer programmes and/or films. While there is no apparent evidence of widespread copying impairing the exclusive right of reproduction of authors of films, there has been some evidence of this occurring. For this reason, New Zealand has provided authors with the right to authorize or prohibit the commercial rental to the public of originals or copies of their films (Section 9 of the Copyright Act refers).

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.

Restrictions on the rights of performers in relation to broadcasts included in a cable programme service are provided for in Section 189 of the Copyright Act 1994. This section provides for the reception and immediate retransmission of a broadcast, made in New Zealand, in a cable service programme. The rights of performers are not infringed if, and to the extent that, the broadcast is made for reception in the area in which the cable programme service is provided. If the broadcast itself infringes any right which a performer may have, then the retransmission shall also be taken into account when assessing damages.

New Zealand has not applied, and there are currently no proposals to apply, Section 234(o)(ii) in relation to the authorization of the rental to the public of sound recordings.

The provisions of the Japanese Copyright Law (Articles 6 to 9bis) fully comply with the principle of national treatment required by the Berne Convention, although it does not use the term "country of origin" used in Article 5 of the Berne Convention.

Article 33 of the Japanese Copyright Law allows the reproduction of works in school textbooks, and Article 34 allows broadcasting or wire diffusion of works for school education and reproduction of works in textbooks for such programmes. However, these acts can be done under the strict condition: "only to the extent deemed necessary for the purpose of school education". Also, the user shall announce the use to the author in order to provide the author with a chance to exercise his/her moral rights, and shall pay compensation to the copyright owner. Article 35 allows the person who is in charge of teaching in educational institutions to reproduce a work to the extent deemed objectively necessary for the purpose of use in the course of teaching, provided that such reproduction does not unreasonably prejudice the interests of the copyright owner in the light of the nature of the work as well as the number of copies, etc. These Articles (Articles 33 to 35) have been carefully established and applied under strict interpretation so as to comply with Articles 9(2) and 10(2) of the Berne Convention and Article 13 of the TRIPS Agreement.

According to Articles 33 and 34, it is the user himself who shall inform the author of the use based on these articles, and the user shall pay the compensation directly to the copyright owner. This system covers the works of WTO origin. Even in the ordinary use of existing works under the authorization of the copyright owner, it is the user himself who should find and contact the author and copyright owner and pay the fee if necessary. In addition, the number of companies making use of Articles 33 and 34 is limited, and these companies are in close contact with the Ministry of Education, which ensures the proper functioning of the system.

When a teacher uses a work for teaching without the authorization of the copyright owner based on Article 35, he or she shall, according to Article 48(1)(3), clearly indicate the source "provided that standard practice so requires". The objective of Article 48(1)(3) is to clarify that the teacher is not required to indicate the source when it is practically impossible and this provision is clearly consistent with the provision of Article 10(3) of the Berne Convention.

Article 41 of the Japanese Copyright Law is to limit the copyright of a work in the use for the purpose of reporting current events done by such organizations as newspaper companies and broadcasting organizations. In such cases, the work can be used by means of photography, cinematography and broadcasting as well as such "other means" as newspaper articles and wire diffusion. However, they are allowed only "to the extent justified by the informatory purpose", and, therefore, this provision is not to allow such uses unlimitedly.

Article 41 of the Japanese Copyright Law does not allow unlimitedly the reproduction of a literary work in a newspaper, magazine and others for the purpose of "reporting current events". The use allowed under Article 41 is only "to the extent justified by the informatory purpose". This article was stipulated anticipating such cases as the broadcasting of a sporting event with the music used in that sporting event, and the reproduction of a stolen picture on a newspaper. Although Article 41 does not stipulate any differentiated range of use in terms of the category of works, in the case of literary works, it is extremely hard to imagine a case, in which it is allowed by this article to reproduce a whole literary work in a newspaper, magazine, etc "to the extent justified by the informatory purpose".

Article 41 of the Japanese Copyright Law allows reproduction and exploitation of a work seen or heard in the course of an event and of "a work implicated in the event" for the purpose of reporting current events done by such organizations as newspaper companies and broadcasting organizations. "A work implicated in the event" means a work which constitutes the event as the subject matter. For example, when a theft of a picture happens, that picture is the work "implicated in the event". Therefore, Article 41 does not allow the reproduction of works which merely relate to the event.

As to Article 14 of the Supplementary Provisions of Law No. 48 of 6 May 1970 (the Japanese Copyright Law), the Copyright Council of the Agency for Cultural Affairs of the Japanese Government already supported the abolition of the said Article. Taking this into consideration, the government of Japan is now examining the result of this Council.

Although Article 14 of the Japanese Copyright Law refers only on the presumption of authors, a person or body corporate whose name appears on a cinematographic work is presumed to be the maker of that work in practice, and there has been no practical or judicial problem on this point.

Computer programs defined in Article 2(1)(xbis) of the Japanese Copyright Law includes programs in source code as well as in object code.

Both the right of distribution (including the right of lending) provided for in Article 26 of the Japanese Copyright Law and the right of lending provided for in Article 26bis prescribe that the acts of distribution or lending covered are those done by "copies" of the work. However, as the concept of "copies" in the Japanese Copyright Law includes all fixations of a work, the original of the work is also included in the concept of "copies".

Performers' right to make sound or visual recordings stipulated in Article 91 of the Japanese Copyright Law is an exclusive right with respect to sound and visual recordings and obviously includes the possibility of preventing the reproduction of unauthorized fixation of performances, which is required by Article 14.1 of the TRIPS Agreement, and Article 91 fulfils the obligation of the TRIPS Agreement.

Performers' right to make sound or visual recordings stipulated in Article 91 of the Japanese Copyright Law is an exclusive right with respect to sound and visual recordings and obviously includes the possibility of preventing the reproduction of unauthorized fixation of performances, which is required by Article 14.1 of the TRIPS Agreement, and Article 91 fulfils the obligation of the TRIPS Agreement.