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Copyright Act 1994

Performers' rights - Miscellaneous provisions - Remedies for infringement

196: Proceedings for infringement of performers' rights

You could also call this:

"What to do if someone breaks a performer's copyright rules"

Illustration for Copyright Act 1994

You can take action if someone infringes on a performer's rights. The performer can take action themselves. A person with recording rights can also take action on behalf of the performer. You can get relief from the court if someone infringes on a performer's rights. The court can grant an injunction or damages. The court can also order the person to give an account of their profits. If the court finds that someone has infringed on a performer's rights, they can award additional damages. This happens if the infringement was flagrant or the defendant benefited from it. The court considers all relevant matters when deciding on additional damages. If the defendant did not know they were infringing on the performer's rights, they may not have to pay damages. However, they may still have to give an account of their profits.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346857.

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Part 9Performers' rights
Miscellaneous provisions: Remedies for infringement

196Proceedings for infringement of performers' rights

  1. An infringement of any of the rights conferred by this Part is actionable by the performer in whom the right is vested.

  2. An infringement of any of the rights conferred by this Part is also actionable, on behalf of the performer, by a person having recording rights, without any need to obtain the consent of the performer to the bringing of the proceedings, unless the performer expressly requires his or her consent to be obtained.

  3. In proceedings for infringement of any of the rights conferred by this Part, the relief that a court may grant includes—

  4. an injunction (subject to such terms, if any, as the court thinks fit); and
    1. either damages or an account of profits.

      1. Where, in proceedings under this Part,—

      2. the infringement is established; and
        1. the court is satisfied that it is proper to do so, having regard to—
          1. the flagrancy of the infringement; and
            1. any benefit accruing to the defendant by reason of the infringement; and
              1. all other relevant matters,—
                2. the court may award such additional damages as the justice of the case may require.

              2. If, in proceedings for infringement of a performer’s property rights, it is proved or admitted that at the time of the infringement the defendant did not know, and had no reason to believe, that the acts complained of infringed the performer’s property rights, the plaintiff is not entitled to damages but, without prejudice to the award of any other remedy, is entitled to an account of profits.

              Notes
              • Section 196(3)(b): amended, on , by section 32(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
              • Section 196(5): inserted, on , by section 32(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).