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Copyright Act 1994

Acts permitted in relation to copyright works - Communication works

84: Recording for purposes of time shifting

You could also call this:

"Recording TV shows for later, for you or your family, is allowed"

Illustration for Copyright Act 1994

You do not break copyright law by recording a programme from a communication work if you record it for your own use or for someone in your household. You must record it to watch or listen at a more convenient time. You must also have lawful access to the communication work when you make the recording. You must not keep the recording for longer than you need to watch or listen to it at a more convenient time. If you keep the recording for too long, it is treated as a copy that breaks copyright law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346229.

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83: Recording for purposes of complaining, or

"Recording something to complain about, without breaking copyright law"

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85: Incidental recording for purposes of communication, or

"Recording something to share with others, as long as you follow the rules"

Part 3Acts permitted in relation to copyright works
Communication works

84Recording for purposes of time shifting

  1. A person (A) does not infringe copyright in a programme included in a communication work, or in any work included in it, by recording it, if—

  2. A makes the recording solely for A’s personal use or the personal use of a member of the household in which A lives or both; and
    1. A makes the recording solely for the purpose of viewing or listening to the recording at a more convenient time; and
      1. the recording is not made from an on-demand service; and
        1. A has lawful access to the communication work at the time of making the recording.

          1. However, subsection (1) does not apply, and A does infringe copyright in the communication work recorded and in any work included in the communication work, if—

          2. A retains the recording for any longer than is reasonably necessary for viewing or listening to the recording at a more convenient time; or
            1. in the event that the person who views or listens to the recording wishes to make a complaint to a complaint authority, A retains the recording for any longer than is reasonably necessary to prepare and despatch the complaint.

              1. If a person infringes copyright under subsection (2), the recording is treated as an infringing copy.

              Notes
              • Section 84: substituted, on , by section 45 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).