COPYRIGHT

Restrictions on use of materials

All materials contained on the NHNZ Moving Images web site, including without limitation, text, software, photos, video footage, graphics, music and sound are the copyrighted property of Natural History New Zealand Limited as a collective work under New Zealand and international copyright laws.

Natural History New Zealand Limited (including NHNZ Moving Images) or its affiliates, content providers or licensors own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. In addition, all trademarks, service marks, trade names, and trade dress on the NHNZ Moving Images web site is proprietary to Natural History New Zealand Limited (including NHNZ Moving Images) or its affiliates, content providers or licensors.

No material from the NHNZ Moving Images web site may be copied, downloaded, reproduced, republished, modified, uploaded, posted, transmitted, distributed or in any way exploited, except as explicitly allowed on the NHNZ Moving Images web site. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of NHNZ Moving Images and the copyright owner.

In the event of any permitted copying, downloading, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark legend or copyright notice shall be made.

Glossary of exploitation rights terminology

Non Standard Television: an encrypted program service delivered to a TV set/similar, for which a fee or premium is charged to the viewer. Delivery is by means of Television or other forms of closed or scrambled transmission, including delivery via DSL and/or IP protocol means, using a closed network infrastructure (via set-top-box) to a TV set/similar, and is expressly limited to transmission via analogue and/or digital cable/satellite, LPTV, SMATV/MATV, and/or DBS/DTH, DSL/IP protocol, and/or digital terrestrial television (DTT) signals/only. Non Standard Television services shall include delivery via Basic Television, Basic Cable/Satellite/IPTV, Pay Television, Premium Pay Television, and/or Pay Per View (PPV) and NVOD, but for clarity shall expressly exclude VOD and SVOD services.

On Demand TV (comprising VOD TV and SVOD TV below): an encrypted program service delivered by means of Television using a closed network infrastructure (via set-top-box) to a TV set/similar, including delivery via DSL and/or IP protocol, but as above excluding Internet/Online/Mobile which is separately addressed in E below, on a private viewing basis at start times determined solely by the individual:

• for which either a separate fee or other compensation may be charged per exhibition per program, on a time limited basis, (VOD TV);
• or for which a periodic (e.g. monthly) fee is charged to have access to programs on a temporary basis, limited to the subscription time period, (e.g. monthly) (SVOD TV).

Video rights: The right to manufacture, re-produce and distribute (by way of selling, renting, lending etc.) and market/promote the Program(s) on visual and sound records of any and all types and formats, now known or hereafter devised, primarily intended for use in the home for private viewing of the visual images and synchronized audio-track by means of playback device which causes a visual image on the screen of a television receiver, computer, laptop, portable entertainment player device, and/or comparable device. This right includes all audiovisual systems of all types, now existing or developed in future, including but not limited to videocassettes, DVD, CD ROM, CD-I, laser disc, and/or delivery via electronic including Internet/Online means.

Theatrical rights: The right to exhibit/market/promote the Program(s) in movie theatres or similar locations to paying audiences, irrespective of the film format, or design of projecting system and means of transmission.

Non-theatrical rights: right of distribution, exhibition, licensing, sale, and/or rental of, and related marketing/promotion of, the Program(s) on video cassettes, videodiscs, DVDs, closed circuit television, or any other analogous format, by all means now known or hereafter devised, to institutions (such as but not limited to schools, libraries, churches, museums, etc.), transportation outlets (such as but not limited to airlines, trains, cruise ships, etc) and other (such as but not limited to film festivals and sales markets) where no separate charge of admission is made to the audience members for viewing the individual Program).

Internet/Online and Mobile Rights: right of Licensee to itself and/or to authorize or sublicense others, to:

• store, reproduce, copy, modify, adapt, create derivatives, use exhibit, distribute, transmit, stream, download (whether temporarily or permanent);
• promote, market, advertise and/or otherwise exploit the Program(s) in whole or in part, elements and/or versions thereof, in combination with or as a composite of other content of any nature, including but not limited to, text, data, photographs, illustrations and/or composite product;
• by means of any telecommunications system or any broadcast technology, now known or hereafter devised, capable of reception and display on and/or through electronic receiving/playback devices (e.g. personal computers, laptops, network computers, televisions, handheld/portable devices, mobile phones and/or similar receiving devices, whether now known or hereafter devised) using a central processing unit to access content;
• irrespective of whether a fee is charged or a subscription or a membership is required or other entry requirements, such as geographical location, in order to access such networks or devices.

For the avoidance of doubt, this encompasses without limitation, any services distributed by means of the worldwide matrix of interconnecting computers currently using the TCP/IP protocols or subsequent technologies and/or protocols such as, but not limited to the "Internet" or "World Wide Web", ,e.g. via file server, DSL, ADSL and/or WIFI, wireless/mobile internet, including gsm, wap, gprs, umts, dvb-h, dvb-x, dmb ("Mobile"), and/or higher speed connections.

For clarity such activities include the right to allow websites/mobile operators/portals, etc., to themselves classify, index the Program(s) into search engines and indexes, place click-through's, links or similar, integrate chat forums, cache, etc., and other customary Internet/Mobile activities to enhance the viewing experience.