Copyright Act 1994

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

166: Licences in respect of works included in retransmissions

You could also call this:

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

You are applying for a licence to use someone's work in a communication. This work can be a story, play, music, art, sound recording or film. You want to send this work to the public and then send it again. When you send the work the second time, it is called a further transmission. If the further transmission is to the same area as the first transmission, the Tribunal looks at how much the copyright owner has been paid. The Tribunal wants to make sure the copyright owner is paid fairly for the work. If the further transmission is to a different area, the Tribunal does not consider it when deciding how much to pay for the first transmission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346697.

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

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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"

167: Implied indemnity in certain schemes and licences for reprographic copying, or

"Protection if you accidentally infringe copyright while copying works under a licence"

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

166Licences in respect of works included in retransmissions

This section applies to applications under this Part in relation to licences to include literary, dramatic, musical, or artistic works or sound recordings or films in a communication work when one communication work (in this section referred to as the first transmission) is, by reception and immediate retransmission, to be further communicated to the public (in this section referred to as the further transmission).
So far as the further transmission is to the same area as the first transmission, the Tribunal shall, in considering what charges (if any) should be paid for licences for either transmission, have regard to the extent to which the copyright owner has already received, or is entitled to receive, payment for the other transmission that adequately remunerates the copyright owner in respect of transmissions to that area.
So far as the further transmission is to an area outside that to which the first transmission is made, the Tribunal shall not take the further transmission into account in considering what charges (if any) should be paid for licences for the first transmission.

Notes

Section 166(1): substituted, on 31 October 2008, by section 73 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).