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Copyright Act 1994

Performers' rights - Miscellaneous provisions - Offences

202: Order as to disposal of illicit recording

You could also call this:

"What happens to illegal copies of recordings?"

Illustration for Copyright Act 1994

You can ask the court to decide what happens to an illicit recording that was given to the court because of an order made under section 197 or section 199. The court can say the recording should be given to the person who has performers' rights or it should be destroyed. The court will think about what is fair when making this decision. You will get a chance to have a say in what happens to the recording if you have an interest in it. The court will tell you how to get notice about what is happening with the recording. If there are many people interested in the recording, the court can say it should be sold and the money divided. If the court decides not to make an order, the recording will be given back to the person who had it before. The court will make sure that the recording is not disposed of in a way that would hurt someone with performers' rights. The court's decision will not happen until any appeals are finished.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346865.

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Part 9Performers' rights
Miscellaneous provisions: Offences

202Order as to disposal of illicit recording

  1. An application may be made to the court for an order that an illicit recording delivered up pursuant to an order made under section 197 or section 199 shall be—

  2. forfeited to such person having performers' rights in relation to the performance as the court may direct; or
    1. destroyed or otherwise dealt with as the court thinks fit.

      1. In considering what order (if any) should be made under subsection (1), the court shall have regard to—

      2. whether other remedies available in proceedings for infringement of the rights conferred by this Part would be adequate to compensate the person or persons entitled to the rights and to protect the interests of that person or those persons; and
        1. the need to ensure that no illicit recording is disposed of in a manner that would adversely affect a person having performers' rights in the performance.

          1. The court shall issue directions as to the service of notice on persons having an interest in the recording.

          2. Any person having an interest in the recording is entitled—

          3. to appear in proceedings for an order under this section, whether or not he or she is served with notice; and
            1. to appeal against any order made, whether or not he or she appears in the proceedings;—
                1. and an order made under subsection (1) shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

              1. Where there is more than 1 person interested in a recording, the court may direct that the recording be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just.

              2. If the court decides that no order should be made under this section, the person in whose possession, custody, or control the recording was before being delivered up is entitled to its return.