31 Jul 2023
ESR GROUP (NZ) LIMITED v BURDEN [2023] NZCA 335
- Citation
- [2023] NZCA 335
- Court
- Court of Appeal
Appeal allowed: Court held the distribution right is exhausted when a particular copy is released into the market (placed into circulation) whether that release was authorised or not; prior circulation abroad of a copy can constitute 'previously put into circulation' so sale in New Zealand of copies previously circulated abroad does not constitute primary infringement under s 31; mere importation without further distribution does not, by itself, constitute issuing to the public; exporting or dispatching infringing copies to New Zealand does not by itself amount to putting them into circulatio…