Copyright Act 1994

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

188: Free public playing or showing of communication work

You could also call this:

"Playing or showing things in public for free without breaking copyright laws"

You can play or show a communication work in public for free without infringing copyright. This means you are not breaking the law under subparts 2 to 4 in relation to a performance or recording included in the communication work. You can also play or show any sound recording or film that is received as part of the communication work. You are playing or showing a communication work for free if you are not charging people to hear or see it. If people have paid to get into the venue where the communication work is being played or shown, it is not free. The venue is the place where the communication work is being played or shown. There are some exceptions to this rule. If you are living in a place, like a hospital or a school, and you are watching a communication work, you are not considered to have paid to get in. If you are a member of a club or society and you are watching a communication work, and the main purpose of the club or society is not to show communication works, you are also not considered to have paid to get in. Note that some types of venues, like hotels or motels, are treated differently. If you are staying at a hotel or motel and you are watching a communication work, it may not be considered free. You can find more information about this in section 188A and subparts 2 to 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346846.

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187: Incidental recording for purposes of communication work, or

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

188A: Free public playing or showing of communication work that is simultaneous with reception, or

"Playing or showing TV or radio in public for free, at the same time it's broadcast"

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

188Free public playing or showing of communication work

The free public playing or showing of a communication work (other than a communication work to which section 188A applies) does not infringe a right under subparts 2 to 4 in relation to a performance or recording included in—
the communication work; or
any sound recording or film that is played or shown in public by reception of the communication work.

For the purposes of this section, the public playing or showing of a communication work is not free if—
the audience has paid for admission to—
1. the place where the communication work is played or shown (which in this section is called the venue); or
2. any place of which the venue is a part; or
goods or services are supplied at the venue or a place of which it forms part at prices that—
1. are substantially attributable to the facilities afforded for hearing or seeing the communication work; or
2. exceed those usually charged there and that are partly attributable to those facilities; or
the venue is a hotel, motel, camping ground, or any other place that admits persons for a fee for the purposes of temporary accommodation, and the audience is made up of persons residing at that hotel, motel, camping ground, or other place.

For the purposes of subsection (2)(a), the following persons must not be treated as having paid for admission to the venue:
a person admitted as a resident or an inmate of a place (other than a hotel, motel, camping ground, or any other place to which subsection (2)(c) applies):
a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing communication works is only incidental to the main purposes of the club or society.

Notes

Section 188: substituted, on 16 September 2011, by section 13(1) of the Copyright Amendment Act 2011 (2011 No 72).
Section 188(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).