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Acts
Copyright Act 1994
Acts permitted in relation to copyright works
Communication works
87B: Assessment of damages for infringement of copyright in sound recording or film

1Short Title and commencement 2Interpretation 3Associated definitions for communication works 4Meaning of cable programme service, and associated definitions 5Meaning of author 6Meaning of work of joint authorship 7Meaning of unknown authorship 8Meaning of copyright owner 9Meaning of issue to the public 10Meaning of publication 11Meaning of commercial publication 12Meaning of infringing copy 13Act to bind the Crown

Part 1:
Description, ownership, and duration of copyright

Part 2:
Infringement of copyright

Primary infringement of copyright

29Infringement of copyright 30Infringement by copying 31Infringement by issue of copies to public 32Infringement by performance or playing or showing in public 33Infringement by communicating to public 34Infringement by making adaptation or act done in relation to adaptation

Secondary infringement of copyright

35Infringement by importation 36Possessing or dealing with infringing copy 37Providing means for making infringing copies 38Permitting use of premises for infringing performance 39Provision of apparatus for infringing performance, etc

Part 3:
Acts permitted in relation to copyright works

40Provisions to be construed independently 41Incidental copying of copyright work 42Criticism, review, and news reporting 43Research or private study 43ATransient reproduction of work

Education

44Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements 44AStoring copies for educational purposes 45Copying for educational purposes of films and sound recordings 46Anthologies for educational use 47Performing, playing, or showing work in course of activities of educational establishment 48Copying and communication of communication work for educational purposes 49Things done for purposes of examination

Libraries and archives

50Interpretation 51Copying by librarians of parts of published works 52Copying by librarians of articles in periodicals 53Copying by librarians for users of other libraries 54Copying by librarians for collections of other libraries 55Copying by librarians or archivists to replace copies of works 56Copying by librarians or archivists of certain unpublished works 56ALibrary or archive may communicate digital copy to authenticated users 56BAdditional conditions for supply of copy of work in digital format by librarian or archivist under section 51, 52, or 56 56CAdditional condition for making digital copies under section 53 or 54 57Playing or showing sound recordings or films 57AMaking archived works available for public viewing

Public administration

58Copying by Parliamentary Service for members of Parliament 59Parliamentary and judicial proceedings 60Royal commissions and statutory inquiries 61Material open to public inspection or on official register 62Material communicated to the Crown in course of public business 63Use of copyright material for services of the Crown 64Rights of third parties in respect of Crown use 65Proceedings against the Crown 66Acts done under statutory authority

Literary, dramatic, musical, or artistic works

67Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works 68Use of recording of spoken words in certain cases 69Authorised entity types 69AAccessible format copy activities by authorised entity 69BAccessible format copy activities by person who is not authorised entity 69CDuties of authorised entity in regard to records and fees 69DMinistry must publish list of authorised entities on Internet site 70Public reading or recitation 71Abstracts of scientific or technical articles 72Recordings of folk songs 73Representation of certain artistic works on public display 74Special exception from protection of literary or artistic works 75Special exception from protection of artistic work that has been applied industrially 76Special exception from protection of literary and artistic works relating to medicines 77Making of subsequent works by same artist 78Reconstruction of buildings

Computer programs, sound recordings, and films

79Rental by educational establishments and libraries 80Back-up copy of computer program 80ADecompilation of computer program 80BCopying or adapting computer program if necessary for lawful use 80CObserving, studying, or testing of computer program 80DCertain contractual terms relating to use of computer programs have no effect 81Playing of sound recordings for purposes of club, society, etc 81ACopying sound recording for personal use

Communication works

82Recording for purposes of maintaining standards in programmes 83Recording for purposes of complaining 84Recording for purposes of time shifting 85Incidental recording for purposes of communication 86Photographs of television broadcasts or cable programmes 87Free public playing or showing of communication work 87AFree public playing or showing of communication work that is simultaneous with reception 87BAssessment of damages for infringement of copyright in sound recording or film 88Reception and retransmission of broadcast in cable programme service 89Provision of subtitled copies of communication work 90Recording for archival purposes 91Recording by media monitors

Adaptations

92Adaptations

Internet service provider liability

92AInternet service provider must have policy for terminating accounts of repeat infringers 92BInternet service provider liability if user infringes copyright 92CInternet service provider liability for storing infringing material 92DRequirements for notice of infringement 92EInternet service provider does not infringe copyright by caching infringing material

Subsequent dealings

93Subsequent dealings with copies made under this Part

Part 4:
Moral rights

Right to be identified as author or director

94Right to be identified as author or director 95Content of right to be identified 96Right must be asserted 97Exceptions to right to be identified

Right to object to derogatory treatment of work

98Right to object to derogatory treatment of work 99Content of right to object to derogatory treatment 100Exceptions to right to object to derogatory treatment of literary, dramatic, musical, or artistic work 101Exceptions to right to object to derogatory treatment of films

False attribution

102False attribution of identity of author or director 103False representation as to literary, dramatic, or musical work 104False representations as to artistic work

Right to privacy of certain photographs and films

105Right to privacy of certain photographs and films

Supplementary provisions

106Duration of rights 107Consent and waiver of rights 108Application of provisions to joint works other than films 109Application of provisions to joint works that are films 110Application of provisions to parts of works

Part 5:
Dealing with rights in copyright works

Licences to deal with copyright works

111Licences 112Warranty implied in certain licences 112ADamages for falsely claiming copyright ownership or licence 112BProvisions of sections 112 and 112A to have effect no matter what licence says

Transmission of copyright

113Transmission of copyright 114Assignment 115Copyright to pass under will with unpublished works 116Future copyright 117Right to make conditions in respect of certain unpublished works

Moral rights

118Moral rights not assignable 119Transmission of moral rights on death

Part 6:
Remedies for infringement

Rights and remedies of copyright owner

120Infringement actionable by copyright owner 121Provisions as to damages in infringement proceedings 122Order for delivery up in civil proceedings

Infringing file sharing

122AInterpretation for sections 122B to 122U 122BOverview of infringing file sharing regime 122CIPAPs to send infringement notices 122DDetection notices 122EWarning notices 122FEnforcement notices 122GChallenging infringement notices 122HEffect of challenge to, and cancellation of, infringement notice 122IEnforcement action after issue of enforcement notice 122JApplication to Tribunal 122KNotice of proceedings 122LDecisions generally made on papers and without hearing 122MIf hearing is held 122NInfringement notice as evidence of copyright infringement 122OTribunal order requiring payment to rights owner 122PCourt order suspending account holder's account 122QOrder requiring IPAP to disclose account holder details 122RSuspension orders and orders under section 122Q not available until date set by Order in Council 122SApplication of section 122C to cellular mobile networks 122TObligations of IPAPs 122UFees payable by rights owners to IPAPs

Rights and remedies of exclusive licensee

123Rights and remedies of exclusive licensee 124Exercise of concurrent rights

Rights and remedies in relation to moral rights

125Infringement of moral rights actionable

Presumptions

126Presumptions relevant to literary, dramatic, musical, or artistic works 127Presumptions relevant to certain artistic works 128Presumptions relevant to computer programs, sound recordings, and films 129Presumptions relevant to works subject to Crown copyright 130Unjustified proceedings

Offences

131Criminal liability for making or dealing with infringing objects 131ATime for laying information 132Order for delivery up in criminal proceedings 133Liability of officers of body corporate 133AEvidence in proceedings

Disposal of infringing copy or other object

134Order as to disposal of infringing copy or other object

Part 6A:
Enforcement officers

Appointment and functions of enforcement officers

134AChief executive may appoint enforcement officers 134BAuthority to act as enforcement officer 134CFunctions of enforcement officer

Enforcement officer's power of entry and examination without warrant

134DEnforcement officer’s power of entry and examination without warrant 134EWhat enforcement officer and person assisting may do when exercising power of entry and examination without warrant

Entry and search under search warrant

134FEnforcement officer or member of Police may apply for search warrant 134GApplication for search warrant 134HMode of application for search warrant 134IForm and content of search warrant 134JTransmission of search warrant 134KRetention of documents 134LWhen search warrant is executed 134MPowers of entry and search under warrant 134NPowers of persons called to assist

General provisions that apply to powers of entry and search and entry and examination

134OApplication of sections 134P to 134S 134PPowers and duties of person exercising power of entry and search or power of entry and examination 134QInventory of things seized 134RCompliance with certain provisions may be deferred in certain circumstances 134SFurther extension to, or dispensation from, obligation to comply with certain provisions

Provisions relating to things seized

134TPeriod things seized may be retained 134UApplication for order to return things seized 134VDisposal of things seized 134WDisposal of perishable things

Other powers of enforcement officers

134XEnforcement officer may apply for production order 134YJudge may order documents to be produced 134ZPowers of enforcement officer to whom documents produced 134ZAOffence of failing to comply with order to produce documents

Powers of Police

134ZBPowers of Police

Miscellaneous

134ZCPrivilege against self-incrimination 134ZDOther privileges 134ZEDisclosure of information 134ZFNo liability if functions performed or powers exercised in good faith

Part 7:
Border protection measures

135Definitions 135ADetention of items suspected of being pirated copies 135BNotice 135CRelease of items 136Notice may be given to chief executive 136AChief executive may suspend accepted notice 136BNotice of suspension 136CChief executive may reinstate accepted notice 136DDuration of accepted notice 137Determination whether item is pirated copy 138Limitations on requirement to supply information 139Notice of determination 140Detention of pirated copy 141Proceedings 141AForfeiture of goods by consent 142Powers of court 143Inspection of item

Enforcement powers of Customs officers

144Customs officer may seize goods in control of Customs 144AChief executive may require person to produce documents concerning goods in control of Customs 144BChief executive may require person to appear and answer questions concerning goods in control of Customs 144CCustoms officer may apply for production order 144DJudge may order documents to be produced 144EPowers of Customs officer to whom documents produced 144FIssue of search warrants to Customs officers 144GPrivilege against self-incrimination 144HOther privileges 144IOffences

Miscellaneous matters

145Delegation of powers, duties, and functions 146Protection of persons acting under authority of Act

Part 8:
Copyright licensing

147Works of more than 1 author

References and applications with respect to licensing schemes

148Licensing schemes to which sections 149 to 155 apply

References with respect to licensing schemes

149Reference of proposed licensing scheme to Tribunal 150Reference of licensing scheme to Tribunal 151Further reference of scheme to Tribunal 152Effect of order of Tribunal made on reference

Applications with respect to licensing schemes

153Application for grant of licence in connection with licensing scheme 154Application for review of order as to entitlement to licence 155Effect of order of Tribunal made on application

References and applications with respect to licensing by licensing bodies

156Licences to which sections 157 to 160 apply 157Reference to Tribunal of proposed licence 158Reference to Tribunal of expiring licence 159Application for review of order as to licence 160Effect of order of Tribunal as to licence

Factors to be taken into account in certain classes of cases

161Unreasonable discrimination 162Licences for reprographic copying 163Licences for educational establishments in respect of works included in communication works 164Licences to reflect conditions imposed by promoters of events 165Licences to reflect payments in respect of underlying rights 166Licences in respect of works included in retransmissions

Implied indemnity in schemes or licences for reprographic copying

167Implied indemnity in certain schemes and licences for reprographic copying 168Determination of equitable remuneration

Part 9:
Performers' rights

169Interpretation 170General provisions relating to performers’ rights

Performers’ moral rights

Right to be identified

170ARight to be identified as performer 170BContent of right to be identified as performer 170CRight to be identified as performer must be asserted 170DExceptions to right to be identified as performer

Right relating to derogatory treatment of performance

170ERight relating to derogatory treatment of performance 170FContent of right relating to derogatory treatment of performance 170GExceptions to right relating to derogatory treatment of performance

Other provisions relating to moral rights

170HConsent and waiver of rights 170IApplication to parts of performances

Consent required for recording, live transmission, or use of recording of performance

Performers' rights

171Consent required for recording or live transmission of performance 172Infringement by use of recording made without performer’s consent

Performers’ rights relating to film

173Copying of film recordings 174Infringement by importing, possessing, or dealing with illicit recording

Performers’ property rights relating to sound recordings

174AApplication 174BConsent required to communicate or play sound recording to public 174CConsent required for copying of sound recording 174DConsent required for issue of copies to public

Acts permitted in relation to performances

175Incidental copying of performance or recording 175ATransient reproduction of recording of performance 176Permitted acts in relation to performances, criticism, reviews, and news reporting 177Things done for purposes of instruction or examination 178Playing or showing sound recording, film, or communication work at educational establishment 179Recording of communication works by educational establishment 180Subsequent dealings 181Parliamentary and judicial proceedings 182Royal commissions and statutory inquiries 183Acts done under statutory authority 184Use of recordings of spoken works in certain cases 185Recordings of folk songs 186Playing of sound recordings for purposes of club, society, etc 187Incidental recording for purposes of communication work 188Free public playing or showing of communication work 188AFree public playing or showing of communication work that is simultaneous with reception 188BAssessment of damages for infringement of rights under subparts 2 to 4 in relation to performance or recording 189Reception and retransmission of broadcast in cable programme service 190Provision of subtitled copies of communication work 191Recording of communication work for archival purposes 192Power of Tribunal to give consent on behalf of performer 192AOther acts permitted in relation to performers’ property rights

Miscellaneous provisions

Duration and transmission of rights

193Duration of rights 194Transmission of performers’ rights 194AMoral rights not assignable 194BTransmission of moral rights on death 194CPerformers’ rights relating to consent for recording or live transmission and to film recordings not assignable 194DTransmission of performers’ rights relating to consent for recording or live transmission and to film recordings on death 194ETransmission of performers’ property rights 194FAssignment 194GPerformers’ property rights to pass under will with unpublished original recording 194HFuture property rights

Licences

194ILicences 194JRights and remedies of exclusive licensee 194KExercise of concurrent rights

Consent and waiver

195Consent and waiver

Remedies for infringement

196Proceedings for infringement of performers' rights 196AProceedings against the Crown 197Order for delivery up in civil proceedings

Presumptions

197APresumptions relevant to performances

Offences

198Criminal liability for making, dealing with, using, or copying illicit recordings 199Order for delivery up in criminal proceedings 200False representation of authority to give consent 201Liability of officers of body corporate 201AEvidence in proceedings 202Order as to disposal of illicit recording

Application to foreign countries

203Application of this Part to convention countries 204Application of Part 9 to other entities

Part 10:
Copyright Tribunal

Constitution

205Copyright Tribunal 206Membership of Tribunal 207Term of office of members of Tribunal 208Vacation of office 209Appointment of temporary acting chairperson or members 209ADelegation by chairperson of Tribunal 210Remuneration and travelling allowances

Jurisdiction and procedure

211Jurisdiction of Tribunal 211AOrderly and efficient operation 212Parties to proceedings 213Hearing 214Procedure of Tribunal 214ATribunal may strike out, determine, or adjourn proceeding 215Evidence in proceedings before Tribunal 216Witness summons 217Service of summons 218Witnesses' allowances 219Privileges and immunities 220Non-attendance or refusal to co-operate 221Contempt of Tribunal 222Costs 222APower to award interest 223Stating case for High Court 224Appeal on question of law

Practice notes, procedural information, and publication of decisions

224APractice notes 224BOnline publication of information about procedures, time frames, and progress of decisions 224COnline publication of final written decisions

Part 11:
Miscellaneous provisions

225Rights and privileges under other enactments or common law

Technological protection measures

226Interpretation for sections 226A to 226E 226AProhibited conduct in relation to technological protection measure 226BRights of issuer of TPM work 226COffence of contravening section 226A 226DWhen rights of issuer of TPM work do not apply 226EUser’s options if prevented from exercising permitted act by TPM

Copyright management information

226FMeaning of copyright management information 226GInterference with CMI prohibited 226HCommercial dealing in work subject to CMI interference 226IContravention of section 226G or 226H 226JOffence of dealing in work subject to CMI interference 227Offence of fraudulently receiving programmes 228Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions

Other countries

229Supplementary provisions as to fraudulent reception 230Application to convention countries 231Expenditure or liability incurred in connection with copyright work 232Application of Act (other than Part 9) to other entities 233Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works 234Regulations

Transitional provisions and savings

235Transitional provisions and savings 236Consequential amendments and repeals

Schedule 1:
Transitional provisions and savings

Schedule 2:
Enactments amended

Schedule 3:
Enactments repealed

Schedule 4:
Regulations revoked

Summary of changes

Acts permitted in relation to copyright works - Communication works

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

You could also call this:

"Getting paid back for copyright breaches of music or movies"

You can get damages if someone infringes the copyright of a sound recording or film. When working out the damages, you must consider that people heard or saw the work in public. This happens when they receive the communication work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4039104.

This page was last updated on 3 December 2025 — View changes

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

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

88: Reception and retransmission of broadcast in cable programme service, or

"Receiving and sending on TV shows and radio programmes through cable without breaking copyright rules"

Part 3Acts permitted in relation to copyright works
Communication works

87BAssessment of damages for infringement of copyright in sound recording or film

Where the making of a communication work is an infringement of copyright, the fact that the work was heard or seen in public by the reception of the communication work must be taken into account in assessing the damages for the infringement.

Notes

Section 87B: inserted, on 16 September 2011, by section 5(1) of the Copyright Amendment Act 2011 (2011 No 72).

Copyright Act 1994

Acts permitted in relation to copyright works - Communication works

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

"Getting paid back for copyright breaches of music or movies"

Part 3Acts permitted in relation to copyright worksCommunication works

87BAssessment of damages for infringement of copyright in sound recording or film

Part 3Acts permitted in relation to copyright works
Communication works