Copyright Act 1994

Acts permitted in relation to copyright works - Communication works

87A: Free public playing or showing of communication work that is simultaneous with reception

You could also call this:

"Playing or showing things in public for free at the same time you receive them"

Illustration for Copyright Act 1994

You can play or show a communication work in public for free if it is received at the same time. This means you are not breaking any copyright rules when you play or show the work. You are also not breaking rules for any sound recordings or films that are part of the communication work. You are playing or showing the work for free if you do not charge people to come into the place where it is being played or shown. If people have to pay to get into the place, or if they have to pay more for goods or services because the work is being played or shown, then it is not free. Some people are not considered to have paid to get into the place, like people who live there or people who are members of a club. This means that if you play or show a communication work for these people, it can still be considered free. You can find more information about this law in the Copyright Amendment Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4039102.

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87: Free public playing or showing of communication work, or

"Playing or showing works in public for free is allowed under certain conditions"


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87B: Assessment of damages for infringement of copyright in sound recording or film, or

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Part 3Acts permitted in relation to copyright works
Communication works

87AFree public playing or showing of communication work that is simultaneous with reception

  1. This section applies to the playing or showing of a communication work that—

  2. is made for reception in the area in which it is played or shown; and
    1. is not a communication work for which a subscription fee must be paid in order to receive it; and
      1. is played or shown simultaneously upon reception of the communication work.
        1. The free public playing or showing of a communication work to which this section applies does not infringe any copyright in—

        2. the communication work; or
          1. any sound recording or film that is played or shown in public by reception of the communication work.
            1. For the purposes of this section, the public playing or showing of a communication work is not free if—

            2. the audience has paid for admission to the place where the communication work is played or shown (which in this section is called the venue), including any place of which the venue is a part; or
              1. goods or services are supplied at the venue or a place of which it forms part at prices that—
                1. are substantially attributable to the facilities afforded for hearing or seeing the communication work; or
                  1. exceed those usually charged there and that are partly attributable to those facilities.
                  2. For the purposes of subsection (3)(a), the following persons must not be treated as having paid for admission to the venue:

                  3. a person admitted as a resident or an inmate of a place (including a person residing in a hotel, motel, camping ground, or any other place that admits persons for a fee for the purpose of temporary accommodation):
                    1. a person admitted as a member of a club or society where the payment is only for membership of the club or society and the provision of facilities for hearing or seeing communication works is only incidental to the main purposes of the club or society.
                      Notes
                      • Section 87A: inserted, on , by section 5(1) of the Copyright Amendment Act 2011 (2011 No 72).