Copyright Act 1994

Performers' rights

169: Interpretation

You could also call this:

"What special words mean in the Copyright Act"

When you read this part of the law, some words have special meanings. You need to know what these words mean to understand the law. The law explains what these words mean. The law says what "commercial exploitation" means. It means when people sell or play recordings to the public. It also means when people show or send recordings to the public. The law also explains what a "convention country" is. It is a country that agrees to protect performers' rights. You can find more information about this in the law. The law defines what a "copy" of a recording is. It is a copy made from the original recording. It can also be a copy made from another copy of the recording. There are more definitions in the law. It explains what an "exclusive performer's rights licence" is. It is a special licence that lets someone use a performer's work. It also explains what an "exclusive recording contract" is. It is a contract that lets someone record a performer's work. The law says what an "illicit recording" is. It is a recording made without the performer's permission. It can also be a copy of a recording made without permission. You can find more information about performances in the law. It says what a "performance" is. It can be a play, a musical, or a reading. It can also be a performance by a New Zealand citizen or someone from a convention country. The law explains what "performers' property rights" are. These are the rights that performers have to their work. You can find more information about this in the law. The law defines what a "person having recording rights" is. It is someone who has the right to record a performer's work. It can be someone who has a contract with the performer. It can also be someone who has been given permission by the performer. The law says what a "recording" is. It is a sound or film recording of a performance. It can be made directly from the performance. It can also be made from a communication that includes the performance. The law also talks about "illicit recordings" in sections 197 and 199. It says what these recordings are. You can find more information about this in the law.

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168: Determination of equitable remuneration, or

"Asking for a fair price when you can't agree"

170: General provisions relating to performers’ rights, or

"Rules About Rights for Performers"

Part 9Performers' rights

169Interpretation

In this Part, unless the context otherwise requires,—
commercial exploitation means—
1. issuing recordings or copies of recordings to the public; or
2. playing recordings or copies of recordings in public; or
3. showing recordings or copies of recordings in public; or
4. communicating recordings or copies of recordings to the public
convention country means an entity (whether a State, part of a State, a territory for whose international relations a State is responsible, a political union, an international organisation, or any other entity) that is a party to an international agreement or arrangement relating to performers' rights
copy, in relation to a recording,—
1. means a copy of a recording made directly from that recording; and
2. includes a copy of a recording made indirectly from that recording
exclusive performer’s rights licence means a licence in writing signed by or on behalf of the person entitled to exercise a performer’s property rights that authorises the licensee to the exclusion of all other persons, including the person granting the licence, to do anything requiring the consent of the person entitled to exercise the rights
exclusive recording contract means a contract between a performer and another person under which that person is entitled, to the exclusion of all other persons (including the performer), to make recordings or copies of recordings for the purposes of commercial exploitation
illicit recording—
1. means a recording of the whole or any substantial part of a performance made without the performer's consent and otherwise than for private and domestic use; and
2. includes a copy, made without the performer's consent and otherwise than for private and domestic use, of a recording where—
  1. the recording was made without the performer's consent; or
  2. the copy is made for purposes different from those for which the performer gave his or her consent to the recording; or
  3. the recording was made in accordance with any of the exemptions contained in sections 175 to 179 or sections 181 to 191, and the copy is made for different purposes
performance—
1. means—being in each case either—
  1. a dramatic performance, including a dance, a mime, and a performance given with the use of puppets; or
  2. a musical performance; or
  3. a reading or recitation of a literary work; or
  4. a performance of a variety act or any similar presentation,—
  5. a live performance given in any country by a New Zealand citizen or a person domiciled or resident in New Zealand, or by a citizen or subject of or a person domiciled or resident in a convention country; or
  6. a live performance given in New Zealand or a convention country; or
  7. a performance to which this Part applies pursuant to section 170(2) or section 203 or pursuant to an Order in Council made under section 204; but
2. does not include—
  1. a performance referred to in section 47(1); or
  2. a reading, recital, or delivery of any item of news and information; or
  3. a performance of a sporting activity; or
  4. participation in a performance as a member of an audience
performers’ property rights means the rights conferred by subpart 4
person having recording rights includes—
1. any person who is a party to, and has the benefit of, an exclusive recording contract to which the performance is subject; or
2. any person to whom the benefit of an exclusive recording contract has been assigned; or
3. any person who is authorised to make recordings or copies of recordings for the purposes of commercial exploitation by a person to whom paragraph (a) or paragraph (b) applies
recording, in relation to a performance, means a sound recording or film—
1. made directly from the performance; or
2. made from a communication work that includes the performance.
In sections 197 and 199, illicit recording includes the following:
a copy of a recording referred to in section 174C that is used in relation to the infringement of a performer’s rights under that section:
a recording referred to in section 198(1A)(b).

Notes

Section 169(1) commercial exploitation paragraph (d): substituted, on 31 October 2008, by section 75(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 169(1) convention country: substituted, on 14 October 1999, by section 2(2) of the Copyright Amendment Act 1999 (1999 No 124).
Section 169(1) exclusive performer’s rights licence: inserted, on 30 December 2018, by section 16(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 169(1) performers’ property rights: inserted, on 30 December 2018, by section 16(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 169(1) recording paragraph (b): amended, on 31 October 2008, by section 75(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 169(2): inserted, on 30 December 2018, by section 16(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).