Copyright Act 1994

Infringement of copyright - Secondary infringement of copyright

38: Permitting use of premises for infringing performance

You could also call this:

"Letting others use your venue for performances that break copyright rules"

You can be liable for copyright infringement if you let someone use your premises for a performance that infringes copyright. This can happen if the performance is at a place of public entertainment and you gave permission for it to be used. You are not liable if you believed the performance would not infringe copyright when you gave permission. You might wonder what a place of public entertainment is. It includes premises that are mainly used for other things but are sometimes hired out for public entertainment. This means that even if a place is not usually used for public entertainment, it can still be considered a place of public entertainment if it is hired out for that purpose. If you give permission for your premises to be used for a performance, you need to make sure it does not infringe copyright. You should only give permission if you believe the performance is allowed under copyright law. This will help you avoid being liable for copyright infringement.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345955.

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

Topics:

Business > Industry rulesArts and culture > Heritage protectionMoney and consumer rights > Consumer protection

37: Providing means for making infringing copies, or

"Helping people make copies without permission is against the law"

39: Provision of apparatus for infringing performance, etc, or

"Supplying equipment that helps others break copyright rules"

Part 2Infringement of copyright
Secondary infringement of copyright

38Permitting use of premises for infringing performance

Where copyright in a literary, dramatic, or musical work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also liable for the infringement unless, when the person gave that permission, he or she believed on reasonable grounds that the performance would not infringe copyright.
In this section, the term place of public entertainment includes premises that are occupied mainly for purposes other than public entertainment but are from time to time made available for hire for the purposes of public entertainment.