Copyright Act 1994

Performers' rights - Acts permitted in relation to performances - Acts permitted in relation to performances

175A: Transient reproduction of recording of performance

You could also call this:

"Making temporary copies of recordings is allowed in some cases"

You can make a copy of a recording of a performance without breaking the law if it is transient or incidental. This means the copy is a necessary part of a technological process that lets you watch or listen to the recording. The copy must have no independent economic significance and be made available to you lawfully, as stated in subparts 2 to 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1705852.

This page was last updated on 3 December 2025 — View changes

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175: Incidental copying of performance or recording, or

"It's okay to accidentally copy a performance or recording, but not on purpose."

176: Permitted acts in relation to performances, criticism, reviews, and news reporting, or

"Using performances for criticism, reviews, and news is allowed"

Part 9Performers' rights
Acts permitted in relation to performances: Acts permitted in relation to performances

175ATransient reproduction of recording of performance

A reproduction of a recording of a performance of a work does not infringe the rights conferred by subparts 2 to 4 in the recording if the reproduction—
is transient or incidental; and
is a necessary part of a technological process for the viewing of, or listening to, the recording by a member of the public to whom the recording is lawfully made available; and
has no independent economic significance.

Notes

Section 175A: inserted, on 31 October 2008, by section 80 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 175A: amended, on 30 December 2018, by section 26(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).