Copyright Act 1994

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

184: Use of recordings of spoken works in certain cases

You could also call this:

"Using recordings of people reading or reciting works without breaking copyright rules"

You can use a recording of someone reading or reciting a literary work without infringing copyright if it was made for reporting current events or communicating the reading to the public. You must meet certain conditions, such as the recording being a direct recording and not taken from a previous recording. The person giving the reading or recitation must not have prohibited the recording or its use. You can use the recording if you have it lawfully and the person who made it did not prohibit its use. The recording must be used by someone who is allowed to have it. You can find more information about copyright in subparts 2 to 4. The use of the recording is subject to certain rules to ensure it does not infringe copyright.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346841.

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183: Acts done under statutory authority, or

"Doing something allowed by law doesn't break copyright rules"

185: Recordings of folk songs, or

"Recording folk songs without breaking copyright rules"

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

184Use of recordings of spoken works in certain cases

It is not an infringement of the rights conferred by subparts 2 to 4 to use a recording of a reading or recitation of a literary work (or to copy the recording and use the copy) if—
it was made for the purpose of—
1. reporting current events; or
2. communicating all or part of the reading or recitation to the public; and
the conditions in subsection (2) are complied with.

The conditions referred to in subsection (1) are that—
the recording is a direct recording of the reading or recitation and is not taken from a previous recording or from a communication work; and
the making of the recording was not prohibited by or on behalf of the person giving the reading or recitation; and
the use made of the recording is not of a kind prohibited by or on behalf of that person before the recording was made; and
the use is by or with the authority of a person who is lawfully in possession of the recording.

Notes

Section 184(1): substituted, on 31 October 2008, by section 83(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
Section 184(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).
Section 184(2)(a): amended, on 31 October 2008, by section 83(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).