Copyright Act 1994

Performers' rights - Performers’ rights relating to film

173: Copying of film recordings

You could also call this:

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

You infringe a performer's rights if you copy a film recording without their consent, unless it's for your private use. You must not copy a film if you know it was made without the performer's consent. If you copy a film for a different purpose than the performer agreed to, you infringe their rights. You won't have to pay damages if you can show you believed the performer had given consent. This also applies if the film was made under certain exemptions, such as those in sections 175 to 179 or sections 181 to 191, and you copied it for a different purpose. If you are taken to court for infringing a performer's rights, you won't have to pay damages if you can prove you thought the performer had agreed to the copying.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346827.

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

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

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

174: Infringement by importing, possessing, or dealing with illicit recording, or

"Breaking copyright law by importing or selling illegal recordings"

Part 9Performers' rights
Performers’ rights relating to film

173Copying of film recordings

A performer's rights are infringed by a person who, without the performer's consent and otherwise than for that person's private and domestic use, copies a recording that is a film if the person knows or has reason to believe that the recording was made without the performer's consent.
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 to the recording had been given.
A performer's rights are infringed by a person who, without the performer's consent and otherwise than for that person's private and domestic use, copies a recording that is a film—
if the copy is made for purposes different from those for which the performer gave his or her consent to the recording; or
if the recording was made in accordance with any of the exemptions contained in any of sections 175 to 179 or sections 181 to 191 and the copy is made for different purposes.

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 to the copying of the recording had been given.

Notes

Section 173 heading: amended, on 30 December 2018, by section 22(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 173(1): amended, on 30 December 2018, by section 22(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 173(3): amended, on 30 December 2018, by section 22(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).