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Copyright Act 1994

Acts permitted in relation to copyright works - Communication works

87: Free public playing or showing of communication work

You could also call this:

"Playing or showing works in public for free is allowed under certain conditions"

Illustration for Copyright Act 1994

You can play or show a communication work in public for free without infringing copyright. This means you are not breaking the law when you play or show the work. You are not infringing copyright in the communication work or any sound recording or film included in it. You are playing or showing the work for free if you are not charging people to hear or see it. If people have paid to get into the place where the work is being played or shown, it is not free. If goods or services are being sold at higher prices because of the work being played or shown, it is not free. Some people are not considered to have paid to get into the place, like residents of a home or members of a club. These people can hear or see the work for free without infringing copyright. You can find more information about this in section 87A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346233.

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87A: Free public playing or showing of communication work that is simultaneous with reception, or

"Playing or showing things in public for free at the same time you receive them"

Part 3Acts permitted in relation to copyright works
Communication works

87Free public playing or showing of communication work

  1. The free public playing or showing of a communication work (other than a communication work to which section 87A applies) does not infringe any copyright in—

  2. the communication work; or
    1. any sound recording or film included in the communication work.

      1. For the purposes of this section, the public playing or showing of a communication work is not free if—

      2. the audience has paid for admission to—
        1. the place where the communication work is played or shown (which in this section is called the venue); or
          1. any place of which the venue is a part; or
          2. goods or services are supplied at the venue or a place of which it forms part at prices that—
            1. are substantially attributable to the facilities afforded for hearing or seeing the communication work; or
              1. exceed those usually charged there and that are partly attributable to those facilities; or
              2. the venue is a hotel, motel, camping ground, or any other place that admits persons for a fee for purposes of temporary accommodation, and the audience is made up of persons residing at that hotel, motel, camping ground, or other place.

                1. For the purposes of subsection (2)(a), the following persons must not be treated as having paid for admission to the venue:

                2. a person admitted as a resident or an inmate of a place (other than a hotel, motel, camping ground, or any other place to which subsection (2)(c) applies):
                  1. a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing communication works is only incidental to the main purposes of the club or society.

                    Notes
                    • Section 87: substituted, on , by section 5(1) of the Copyright Amendment Act 2011 (2011 No 72).