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Copyright Act 1994

Performers' rights - Miscellaneous provisions - Offences

198: Criminal liability for making, dealing with, using, or copying illicit recordings

You could also call this:

"Breaking the law by making or sharing copies of recordings without permission can lead to fines or prison"

Illustration for Copyright Act 1994

If you make or deal with recordings without the performer's consent, you can get in trouble. You might make a recording to sell or hire, or import it into New Zealand. This is against the law. If you play or show a recording in public, or send it to others, without the performer's consent, you can also get in trouble. You can get a fine or go to prison if you break the law. The fine can be up to $10,000 for each recording, or up to $150,000 for all the recordings. If you copy a recording without the performer's consent, you can get in trouble too. You might copy it for yourself, or for someone else. You can get a fine or go to prison if you break the law. You can check sections 175 to 179, 181 to 191, and 192A to see if you are allowed to make a copy. If you make a profit from breaking the law, you might have to pay back the money you made. You can read more about this in section 32(1)(a) of the Sentencing Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346860.

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197A: Presumptions relevant to performances, or

"What happens when someone's performance is copied and they might own the rights"

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Part 9Performers' rights
Miscellaneous provisions: Offences

198Criminal liability for making, dealing with, using, or copying illicit recordings

  1. Every person commits an offence against this section who, without the consent of the performer,—

  2. makes for sale or hire; or
    1. imports into New Zealand otherwise than for that person's private and domestic use; or
      1. possesses in the course of a business with a view to committing any act infringing the rights conferred by this Part; or
        1. distributes otherwise than in the course of a business to such an extent as to affect prejudicially the performer; or
          1. In the course of a business,—
            1. offers or exposes for sale or hire; or
              1. sells or lets for hire; or
                1. distributes—
                  2. a specified recording.

                2. In subsections (1) and (4), specified recording means—

                3. an illicit recording, if the person referred to in subsection (1) knows that the recording is an illicit recording; or
                  1. a copy of a sound recording that is made without the performer’s consent, if the person referred to in subsection (1) knows that the copy was made without that consent.

                    1. Every person commits an offence against this section who causes a recording that is, and that the person knows is, an illicit recording, to be—

                    2. played in public or shown in public; or
                      1. communicated to the public.

                        1. Every person commits an offence against this section who, otherwise than for that person's private and domestic use, copies a recording—

                        2. without the consent of the performer, if the person knows that the recording was made without the performer's consent; or
                          1. if the copy is made for purposes different from those for which the performer gave his or her consent, and the person knows that the performer has not consented to the copying of the recording for different purposes; or
                            1. if the original recording was made in accordance with any of the exemptions contained in any of sections 175 to 179, 181 to 191, and 192A, and the copy is made for different purposes, and the person knows that the performer has not consented to the copying of the recording for those different purposes.

                              1. Every person who commits an offence against subsection (1), (2), or (3) is liable on conviction,—

                              2. in the case of an offence against subsection (1), to a fine not exceeding $10,000 for every specified recording to which the offence relates, but not exceeding $150,000 in respect of the same transaction, or to imprisonment for a term not exceeding 5 years:
                                1. in the case of an offence against subsection (2), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 5 years:
                                  1. in the case of an offence against subsection (3), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months.

                                    1. Where any person is convicted of an offence against this section in circumstances where that offence involves the making of profit or gain, that offence shall be deemed to have caused a loss of property for the purposes of section 32(1)(a) of the Sentencing Act 2002, and the provisions of that Act relating to the imposition of the sentence of reparation shall apply accordingly.

                                    2. Section 197A (which relates to presumptions) does not apply to proceedings for an offence against this section.

                                    Notes
                                    • Section 198(1): amended, on , by section 35(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                                    • Section 198(1)(ca): inserted, on , by section 35(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                                    • Section 198(1A): inserted, on , by section 35(3) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                                    • Section 198(2)(b): substituted, on , by section 89 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                    • Section 198(3)(c): amended, on , by section 35(4) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                                    • Section 198(4): replaced, on , by section 35(5) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                                    • Section 198(5): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
                                    • Section 198(6): inserted, on , by section 35(6) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).