Copyright Act 1994

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

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

You could also call this:

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

You infringe a performer's rights if you show or play a recording of their performance in public without their consent. This can be a sound recording or a film, and you must be showing or playing a substantial part of the performance. You must also know or have reason to believe that the recording was made without the performer's consent, and it was made without their consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346826.

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

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171: Consent required for recording or live transmission of performance, or

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

173: Copying of film recordings, or

"Copying a film without the performer's okay is against the law"

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

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

A person (A) infringes a performer’s rights if,—
without the performer’s consent and by means—
1. of a recording that is a sound recording, A shows in public or plays in public the whole or a substantial part of a performance; or
2. of a recording that is a film, A shows in public, plays in public, or communicates to the public the whole or a substantial part of a performance; and
the recording was made without the performer’s consent; and
A knows or has reason to believe that the recording was made without the performer’s consent.

Notes

Section 172: substituted, on 31 October 2008, by section 78 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 172: amended, on 30 December 2018, by section 20(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 172(a): replaced, on 30 December 2018, by section 20(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).