Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Performers' rights - Consent required for recording, live transmission, or use of recording of performance - Performers' rights

171: Consent required for recording or live transmission of performance

You could also call this:

"People need your okay to record or broadcast your performance"

Illustration for Copyright Act 1994

You have rights as a performer. If someone records or broadcasts your performance without your consent, they infringe your rights. This applies to recording or broadcasting the whole or a substantial part of your performance, unless it is for their private and domestic use. If someone is taken to court for infringing your rights, they will not have to pay damages if they can show they believed you had given your consent. You can find more information about changes to this law in the Copyright (New Technologies) Amendment Act 2008.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346825.

This page was last updated on — View changes

Topics:
Business > Intellectual propertyArts and culture > Arts fundingArts and culture > Heritage protectionRights and equality > Privacy
Previous

170I: Application to parts of performances, or

"How your performance rights apply to parts of a show"

Next

172: Infringement by use of recording made without performer’s consent, or

"Using a recording of a performance without the performer's okay"

Part 9Performers' rights
Consent required for recording, live transmission, or use of recording of performance: Performers' rights

171Consent required for recording or live transmission of performance

  1. A performer's rights are infringed by a person who, without the performer's consent,—

  2. makes, otherwise than for his or her private and domestic use, a recording of the whole or any substantial part of a performance; or
    1. communicates live to the public the whole or any substantial part of a performance.

      1. In proceedings for infringement of a performer's rights brought under this section, damages shall not be awarded against a defendant who shows that at the time of the infringement the defendant believed on reasonable grounds that the performer's consent had been given.

      Notes
      • Section 171(1)(b): substituted, on , by section 77 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).