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Copyright Act 1994

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

180: Subsequent dealings

You could also call this:

"Selling or hiring out a recording without the performer's permission"

Illustration for Copyright Act 1994

You have a recording that would normally be against the law. If it was made following the rules in section 177, 179, or 192A(2), and you then sell or hire it out, it is still considered against the law. This is unless the performer says it is okay to do so. When you sell or hire out the recording, it is called being "dealt with". This means you are selling or letting someone use it as part of a business. If you do this without the performer's permission, the recording is still against the law for any future use.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346836.

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

180Subsequent dealings

  1. Where a recording, or a copy of a recording, that would otherwise be an illicit recording—

  2. is made in accordance with section 177, 179, or 192A(2); and
    1. is subsequently dealt with,—
        1. it shall be treated as an illicit recording—
      1. for the purposes of the dealing referred to in paragraph (b), unless that dealing is authorised by the performer; and
        1. for the purposes of any dealing that is subsequent to the dealing referred to in paragraph (b), unless the first-mentioned dealing is authorised by the performer.

          1. In subsection (1), the term dealt with means sold or let for hire, or offered or exposed for sale or hire, in the course of a business.

          Notes
          • Section 180(1)(a): amended, on , by section 26(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).