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Copyright Act 1994

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

187: Incidental recording for purposes of communication work

You could also call this:

"Recording a performance to share with the public, as long as you follow the rules"

Illustration for Copyright Act 1994

You do not need consent to make a recording of a performance if you plan to communicate it to the public in a way that does not infringe rights under subparts 2 to 4. You must use the recording only for communicating it to the public in a way that does not infringe rights under subparts 2 to 4. You must destroy the recording within 6 months after first being communicated to the public, unless the Minister has authorised its preservation. You will be treated as having made an illicit recording if you use it in a way that breaches the conditions. This happens if you use the recording in a way that infringes rights under subparts 2 to 4, or if you do not destroy it within 6 months. The Minister can allow the recording to be kept if it is important or has documentary value. If you break the conditions, the recording is treated as an illicit recording for all purposes. This means you cannot use it anymore, and you must destroy it. You must follow the rules to avoid having the recording treated as an illicit recording.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346844.

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

187Incidental recording for purposes of communication work

  1. A person who proposes to communicate a recording of a performance to the public in circumstances not infringing rights under subparts 2 to 4 does not require consent for the purposes of subparts 2 to 4 to the making of the further recording if the conditions in subsection (2) are complied with.

  2. The conditions referred to in subsection (1) are that the further recording—

  3. must only be used for communicating it to the public in circumstances not infringing rights under subparts 2 to 4; and
    1. must be destroyed within 6 months after first being communicated to the public, unless the Minister has authorised the preservation of the recording in the records of a government department or in the national archives because of its documentary character or exceptional importance.

      1. A recording made in accordance with this section is treated as an illicit recording—

      2. for the purposes of any use in breach of the condition in subsection (2)(a); and
        1. for all purposes after either of the conditions in subsection (2) is broken.

          Notes
          • Section 187: substituted, on , by section 84 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
          • Section 187(1): amended, on , by section 26(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
          • Section 187(2)(a): amended, on , by section 26(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).