January 4, 2020
New Zealand: The Copyright (Marrakesh Treaty Implementation) Amendment Act 2019 entered into force on January 4, 2020, pursuant to the Copyright (Marrakesh Treaty Implementation) Amendment Act 2019 Commencement Order 2019.
The Act amends the Copyright Act 1994 and the Copyright (General Matters) Regulations 1995 to implement New Zealand’s obligations under the Marrakesh Treaty.
The amendments include, inter alia:
(i) defining “authorized entities”, which are schools, libraries and certain charitable entities, in the context of the making available of accessible format copies of works to persons who have a print disability as set out in new sections 69 and 69A of the Copyright Act;
(ii) removing regulation 5 of the Copyright (General Matters) Regulations 1995, which defined the “prescribed bodies” under the previous regulations for the accessible format copy activities; and
(iii) providing a legal framework to implement the copyright exceptions detailed in the Marrakesh Treaty, which allows for the reproduction, distribution and import/export of accessible format copies of copyright works (literary, dramatic, musical, or artistic works) without the copyright owner’s permission.