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Copyright Act 1994

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

192: Power of Tribunal to give consent on behalf of performer

You could also call this:

"Asking a tribunal for permission to copy a recording when a performer's consent is needed"

Illustration for Copyright Act 1994

You can ask the Tribunal for permission to make a copy of a recording if you need the performer's consent but cannot get it. The Tribunal can give you permission and set conditions for making the copy. The Tribunal's permission is like the performer's consent. You must apply to the Tribunal if the performer's identity or whereabouts are unknown or if they unreasonably refuse to give consent. The Tribunal will consider factors like whether the recording was made with the performer's consent and if making a copy is consistent with the original purpose. The Tribunal can also decide how much you must pay the performer for their consent. The Tribunal will not give consent unless it is satisfied that notices have been served or published as required. It will also consider the performer's reasons for withholding consent and may make inferences if the performer does not provide reasons. If the Tribunal gives consent, it can order you to pay the performer a certain amount of money.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346850.

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"Recording things for safe keeping in a special archive"

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192A: Other acts permitted in relation to performers’ property rights, or

"What you can do with sound recordings without breaking the law"

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

192Power of Tribunal to give consent on behalf of performer

  1. Where a person wishes to make a copy of a recording but—

  2. the consent of a performer to the making of such a copy is required; and
    1. either—
      1. the identity or whereabouts of the performer cannot be ascertained by reasonable inquiry; or
        1. the performer unreasonably withholds his or her consent,—
          2. the person may apply to the Tribunal for consent to make the copy.

        2. The Tribunal may, subject to the provisions of this section, make an order giving consent to the making of the copy and may impose such conditions on the order as it thinks fit.

        3. The consent given by the Tribunal under subsection (2) has effect as the consent of the performer for the purposes of the provisions of this Part relating to performers' rights.

        4. The Tribunal shall not give consent under subsection (2) unless satisfied that such directions as to the service or publication of notices as the Tribunal may give have been complied with.

        5. The Tribunal shall not give consent under subsection (2) unless satisfied that the performer's reasons for withholding consent do not include the protection of any legitimate interests of the performer; but it shall be for the performer to show what his or her reasons are for withholding consent, and in default of evidence as to his or her reasons the Tribunal may draw such inferences as it thinks fit.

        6. In any case the Tribunal shall take into account the following factors:

        7. whether the recording of which the applicant seeks to make a copy was made with the performer's consent and is lawfully in the possession or control of the person proposing to make the copy:
          1. whether the making of the copy is consistent with the obligations of the parties to the arrangements under which the recording was made, or is otherwise consistent with the purposes for which the recording was made.

            1. Where the Tribunal gives consent under this section, it shall, in default of agreement between the applicant and the performer, make such order as it thinks fit as to the payment to be made to the performer in consideration of consent being given.