Copyright Act 1994

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

165: Licences to reflect payments in respect of underlying rights

You could also call this:

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

When you apply for a licence to rent copies of computer programs, sound recordings, or films to the public, the Tribunal considers what you should pay for the licence. You pay for the licence to use the main work, like a film, but the owner of the film's copyright might also have to pay others for their work that is included in the film. The Tribunal takes this into account when deciding what you should pay for the licence. You might be applying for a licence to use sound recordings, films, or communication works, and the Tribunal considers what you should pay. The Tribunal looks at what the copyright owner has to pay to others for their work that is included in the recording, film, or communication work. The Tribunal uses this information to decide what is a fair amount for you to pay for the licence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346696.

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

Topics:

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164: Licences to reflect conditions imposed by promoters of events, or

"Licences must follow event rules set by promoters"

166: Licences in respect of works included in retransmissions, or

"Using someone's work in a repeat broadcast and getting paid fairly"

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

165Licences to reflect payments in respect of underlying rights

In considering what charges (if any) should be paid for a licence on a reference or application made under this Part in relation to licences for the rental to the public of copies of computer programs, sound recordings, or films, the Tribunal shall take into account any reasonable payments that the owner of copyright in the computer program, sound recording, or film is liable to make, in consequence of the granting of the licence or of the acts authorised by the licence, to owners of copyright in works included in the program, recording, or film.
On any reference or application made under this Part in relation to licensing in respect of copyright in sound recordings, films, or communication works, the Tribunal shall take into account, in considering what charges (if any) should be paid for a licence, any reasonable payments that the copyright owner is liable to make, in consequence of the granting of the licence or of the acts authorised by the licence, in respect of any performance included in the recording, film, or communication work.

Notes

Section 165(2): amended, on 31 October 2008, by section 72(a) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 165(2): amended, on 31 October 2008, by section 72(b) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).