Copyright Act 1994

Infringement of copyright - Primary infringement of copyright

32: Infringement by performance or playing or showing in public

You could also call this:

"Breaking copyright rules by performing, playing, or showing works in public"

You can infringe copyright by performing a work in public. This only applies to literary, dramatic, or musical works. You can also infringe copyright by playing or showing a work in public. This only applies to sound recordings, films, or communication works. When a work is performed, played, or shown in public using special equipment, the person sending the images or sounds is not responsible for the infringement. You are not responsible for the infringement if you are the performer in a performance. However, this rule does not apply to people who retransmit images or sounds. The law says that retransmitting images or sounds is different from sending them. The Copyright (New Technologies) Amendment Act 2008 made some changes to this law. These changes came into effect on 31 October 2008. They affected how we think about playing or showing works in public.

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

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31: Infringement by issue of copies to public, or

"Breaking copyright law by sharing copies with the public"

33: Infringement by communicating to public, or

"Sharing copyright work with others is not allowed"

Part 2Infringement of copyright
Primary infringement of copyright

32Infringement by performance or playing or showing in public

The performance of a work in public is a restricted act only in relation to a literary, dramatic, or musical work.
The playing or showing of a work in public is a restricted act only in relation to a sound recording, film, or communication work.
Where copyright in a work is infringed by the performance, playing, or showing of the work in public by means of apparatus for receiving visual images or sounds conveyed by electronic or other means,—
the person by whom the visual images or sounds are sent; and
in the case of a performance, the performers—

For the purposes of subsection (3), a person who sends visual images or sounds does not include a person who retransmits visual images or sounds.

Notes

Section 32(2): amended, on 31 October 2008, by section 17 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).