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Copyright Act 1994

Acts permitted in relation to copyright works - Computer programs, sound recordings, and films

81A: Copying sound recording for personal use

You could also call this:

"Copying music for yourself at home"

Illustration for Copyright Act 1994

You can copy a sound recording for personal use without breaking copyright laws if you meet some conditions. You must own the sound recording and have bought it legally. You can only use the copy for yourself or your household. You cannot copy a sound recording if it is a communication work or if you borrowed or hired it. You must not make more than one copy for each device you own to play sound recordings. You keep owning the sound recording and any copies you make. If you have a contract that says how you can copy the sound recording, this rule does not apply to you. This rule is part of the Copyright Act 1994 and was updated by the Copyright (New Technologies) Amendment Act 2008.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1704667.

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Part 3Acts permitted in relation to copyright works
Computer programs, sound recordings, and films

81ACopying sound recording for personal use

  1. Copyright in a sound recording and in a literary or musical work contained in it is not infringed by copying the sound recording, if the following conditions are met:

  2. the sound recording is not a communication work or part of a communication work; and
    1. the copy is made from a sound recording that is not an infringing copy; and
      1. the sound recording is not borrowed or hired; and
        1. the copy is made by the owner of the sound recording; and
          1. that owner acquired the sound recording legitimately; and
            1. the copy is used only for that owner’s personal use or the personal use of a member of the household in which the owner lives or both; and
              1. no more than 1 copy is made for each device for playing sound recordings that is owned by the owner of the sound recording; and
                1. the owner of the sound recording retains the ownership of both the sound recording and of any copy that is made under this section.

                  1. For the avoidance of doubt, subsection (1) does not apply if the owner of the sound recording is bound by a contract that specifies the circumstances in which the sound recording may be copied.

                  Notes
                  • Section 81A: inserted, on , by section 44 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).