Copyright Act 1994

Performers' rights - Acts permitted in relation to performances - Acts permitted in relation to performances

175: Incidental copying of performance or recording

You could also call this:

"It's okay to accidentally copy a performance or recording, but not on purpose."

You do not break the law if you incidentally copy a performance or recording. This can happen when you include a performance or recording in a sound recording, film, or communication work. You can play or show the work without breaking the law. You can also make copies of the work and give them to the public. But if you deliberately copy music or words spoken or sung with music, it is not considered incidental. This means you might be breaking the law if you copy these things on purpose. The law says what you can and cannot do with performances and recordings, as outlined in subparts 2 to 4. You need to follow these rules to avoid breaking the law. The rules are in place to protect the rights of creators.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346831.

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174D: Consent required for issue of copies to public, or

"People need your okay to share copies of your performances with the public."

175A: Transient reproduction of recording of performance, or

"Making temporary copies of recordings is allowed in some cases"

Part 9Performers' rights
Acts permitted in relation to performances: Acts permitted in relation to performances

175Incidental copying of performance or recording

The rights conferred by subparts 2 to 4 are not infringed by—
the incidental inclusion of a performance or recording in a sound recording, film, or communication work; or
the playing of a sound recording, the showing of a film, or the making of a communication work, where the performance or sound recording has been incidentally included in that sound recording, film, or communication work; or
the issue to the public of copies of a sound recording, film, or communication work in which a performance or recording has been incidentally included.

For the purposes of this section, a performance or recording, so far as it consists of—
music; or
words spoken or sung with music,—

Notes

Section 175(1): substituted, on 31 October 2008, by section 79 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 175(1): amended, on 30 December 2018, by section 26(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).