Copyright Act 1994

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

185: Recordings of folk songs

You could also call this:

"Recording folk songs without breaking copyright rules"

You can record a folk song to put in an archive without breaking any copyright rules if you follow some conditions. The song's words must be unpublished and the author must be unknown when you make the recording. You also must not be infringing any copyright and the performer must not prohibit the recording. You can make copies of the recording and give them out if you only give one copy to each person, and this does not infringe any of the rights conferred by subparts 2 to 4. The archive must be maintained by a body prescribed by regulations made under the Copyright Act 1994.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346842.

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Topics:

Arts and culture > Heritage protectionBusiness > Intellectual property

184: Use of recordings of spoken works in certain cases, or

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

186: Playing of sound recordings for purposes of club, society, etc, or

"Playing music at non-profit clubs and groups is allowed under certain conditions"

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

185Recordings of folk songs

A recording of a performance of a song may be made for the purpose of including the song in an archive maintained by a body prescribed by regulations made under this Act without infringing any of the rights conferred by subparts 2 to 4, if the conditions in subsection (2) are complied with.
The conditions referred to in subsection (1) are that—
the words are unpublished and of unknown authorship at the time the recording is made; and
the making of the recording does not infringe any copyright; and
the making of the recording is not prohibited by any performer.

Copies of a recording made in reliance on subsection (1) and included in an archive maintained by a body prescribed by regulations made under this Act may, if the condition contained in subsection (4) is complied with, be made and supplied by the archivist without infringing any of the rights conferred by subparts 2 to 4.
The condition referred to in subsection (3) is that no person is furnished with more than 1 copy of the same recording.

Notes

Section 185(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 185(3): 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).