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Copyright Act 1994

Performers' rights - Acts permitted in relation to performances - Acts permitted in relation to performances

188A: Free public playing or showing of communication work that is simultaneous with reception

You could also call this:

"Playing or showing TV or radio in public for free, at the same time it's broadcast"

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 it is played or shown. This work must be meant for the area where it is played or shown and not require a subscription fee to receive it. The playing or showing of this work does not affect rights under subparts 2 to 4 for any performance or recording included in the work. You are playing or showing a communication work for free if you do not charge people to enter the venue where it is played or shown. If people pay to get into the venue, or if you charge more for goods or services because the work is being played or shown, then it is not free. Some people, like those staying in a hotel or members of a club, are not considered to have paid to enter the venue. If you play or show a communication work in public for free, you do not infringe on any rights under subparts 2 to 4 for any performance or recording included in the work or any sound recording or film played or shown with it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4039132.

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

"Playing or showing things in public for free without breaking copyright laws"

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188B: Assessment of damages for infringement of rights under subparts 2 to 4 in relation to performance or recording, or

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Part 9Performers' rights
Acts permitted in relation to performances: Acts permitted in relation to performances

188AFree 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 a right under subparts 2 to 4 in relation to a performance or recording included 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 188A: inserted, on , by section 13(1) of the Copyright Amendment Act 2011 (2011 No 72).
                      • Section 188A(2): amended, on , by section 26(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).