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Copyright Act 1994

Copyright licensing - Factors to be taken into account in certain classes of cases

164: Licences to reflect conditions imposed by promoters of events

You could also call this:

"Licences must follow event rules set by promoters"

Illustration for Copyright Act 1994

When you apply for a licence to use a sound recording, film, or communication work that includes an event, the Tribunal looks at conditions set by the event promoters. You need to know that the Tribunal considers these conditions when deciding on the licence. The Tribunal does not think it is unreasonable to refuse a licence if it cannot be granted without breaking the event promoters' conditions. When the Tribunal looks at the conditions, it ignores any that try to control the licence fees or payments to the event promoters for letting the recording be made. The Tribunal's decision is based on the conditions that are reasonable and fair. You can find more information about the changes to this law in the Copyright (New Technologies) Amendment Act 2008.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346695.

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165: Licences to reflect payments in respect of underlying rights, or

"Paying fairly for licences that use other people's work"

Part 8Copyright licensing
Factors to be taken into account in certain classes of cases

164Licences to reflect conditions imposed by promoters of events

  1. Where a reference or application is made under this Part in respect of a licence relating to a sound recording, film, or communication work that includes, or is to include, any entertainment or other event, the Tribunal—

  2. shall have regard to any conditions imposed by the promoters of the entertainment or other event; and
    1. shall not hold a refusal or failure to grant a licence to be unreasonable if the licence could not have been granted consistently with any such conditions.

      1. Nothing in this section shall require the Tribunal to have regard to any such conditions in so far as they—

      2. purport to regulate the charges to be imposed in respect of the grant of licences; or
        1. relate to payments to be made to the promoters of any entertainment or other event in consideration of the grant of facilities for making the recording, film, or communication work.

          Notes
          • Section 164(1): amended, on , by section 71(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
          • Section 164(2)(b): amended, on , by section 71(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).