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Copyright Act 1994

Performers' rights - Miscellaneous provisions - Remedies for infringement

197: Order for delivery up in civil proceedings

You could also call this:

"Getting back copies of recordings that were made without permission"

Illustration for Copyright Act 1994

You can get an order to take away an illicit recording of a performance if you have rights to it. You must apply to the court for this order. The court will only make this order if they also make, or think they should make, an order under section 202. If the court makes this order, the illicit recording will be given to you or someone else the court chooses. You will have to keep the recording until the court decides what to do with it under section 202. The court can make this order without telling the other person first if it would cause problems to wait. The court has other powers too, and this section does not change them. You can apply for this order even if you are in a hurry and cannot give notice to the other person. The court can still make other decisions about the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346858.

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"What happens if the government breaks copyright rules"

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Part 9Performers' rights
Miscellaneous provisions: Remedies for infringement

197Order for delivery up in civil proceedings

  1. Where a person has an illicit recording of a performance in that person's possession, custody, or control in the course of a business,—

  2. any person having performers' rights in relation to the performance under this Part; or
    1. any person having recording rights in relation to the performance under this Part—
        1. may apply to the court for an order that the illicit recording be delivered up to him or her or such other person as the court may direct.

      1. No order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 202.

      2. A person to whom an illicit recording is delivered up in pursuance of an order under this section shall, if an order under section 202 is not made, retain the illicit recording pending the making of an order, or the decision not to make an order, under that section.

      3. Notwithstanding any rule of court, an order may be made pursuant to this section on an ex parte application where service of notice of the application would cause undue delay or other serious detriment to the applicant.

      4. Nothing in this section affects any other power of the court.