Copyright Act 1994

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

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

You could also call this:

"How much money you pay for breaking copyright rules when sharing performances or recordings publicly"

If someone breaks the rules under subparts 2 to 4 in relation to a performance or recording, you need to consider that people heard or saw the work in public when deciding how much money they owe for breaking the rules. This is because the work was shared with the public through a communication work. You have to take this into account when working out the damages for the infringement.

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

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

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

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

"Watching TV shows sent through cables"

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

188BAssessment of damages for infringement of rights under subparts 2 to 4 in relation to performance or recording

Where the making of a communication work is an infringement of rights under subparts 2 to 4 in relation to a performance or recording, 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 188B: inserted, on 16 September 2011, by section 13(1) of the Copyright Amendment Act 2011 (2011 No 72).
Section 188B heading: amended, on 30 December 2018, by section 26(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 188B: amended, on 30 December 2018, by section 26(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).