Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Acts permitted in relation to copyright works - Literary, dramatic, musical, or artistic works

72: Recordings of folk songs

You could also call this:

"Recording folk songs without breaking copyright rules"

Illustration for Copyright Act 1994

You can record a folk song without breaking copyright rules if you follow some conditions. You must record the song to put it in a special archive that is allowed by the government. The song's words must be unpublished and the author must be unknown. You also need to make sure you are not breaking any other copyright rules when you record the song. The person performing the song must not say you cannot record it. If you follow these rules, you can make a copy of the recording to put in the archive. The person in charge of the archive can make copies of the recording and give them to people. However, they can only give one copy of the same recording to each person. This way, you can help keep the folk song safe in the archive without breaking any copyright rules.

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 It might be out of date or be missing some parts.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=DLM346214.

This page was last updated on — View changes

Topics:
Arts and culture > Heritage protectionBusiness > Intellectual property
Previous

71: Abstracts of scientific or technical articles, or

"Coping a summary of a science or tech article is allowed"

Next

73: Representation of certain artistic works on public display, or

"Copying public artworks is allowed"

Part 3Acts permitted in relation to copyright works
Literary, dramatic, musical, or artistic works

72Recordings of folk songs

  1. A sound recording of a performance of a song may be made for the purpose of including the song in an archive maintained by a body prescribed by regulations made under this Act, without infringing copyright in the words as a literary work or in the accompanying musical work, if the conditions in subsection (2) are complied with.

  2. The conditions referred to in subsection (1) are that—

  3. the words are unpublished and of unknown authorship at the time the recording is made; and
    1. the making of the recording does not infringe any other copyright; and
      1. the making of the recording is not prohibited by any performer.

        1. Copies of a sound recording made in reliance on subsection (1) and included in an archive maintained by a body prescribed by regulations made under this Act may, if the condition contained in subsection (4) is complied with, be made and supplied by the archivist without infringing copyright in the recording or the works included in it.

        2. The condition referred to in subsection (3) is that no person is furnished with more than 1 copy of the same recording.