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Copyright Act 1994

Performers' rights - Performers’ moral rights - Right to be identified

170B: Content of right to be identified as performer

You could also call this:

"Right to be named as a performer"

Illustration for Copyright Act 1994

When you perform in public, you have the right to be identified. You can be identified in a programme or in another way that lets people know who you are. You can also be identified when your performance is communicated live or recorded. If you make a recording, you can be identified in a way that lets people know who you are when they hear it. You can also be identified on copies of the recording. You and the person who made the recording can agree on how you will be identified. If you want to be identified in a particular way, such as by a pseudonym, that's what must be used. Otherwise, any reasonable way of identifying you is okay. When you perform in a group, the group's name can be used to identify you. This is okay if it's not practical to identify each person in the group separately. In New Zealand law, a group is two or more performers who have a particular name.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS151719.

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Arts and culture > Heritage protectionBusiness > Intellectual propertyRights and equality > Anti-discrimination
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170A: Right to be identified as performer, or

"Know who's performing: your right to be named"

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170C: Right to be identified as performer must be asserted, or

"You must say you want to be named as a performer to keep this right."

Part 9Performers' rights
Performers’ moral rights: Right to be identified

170BContent of right to be identified as performer

  1. For the purposes of section 170A, the performer has the right to,—

  2. in the case of a performance given in public, be identified in any programme accompanying the performance or in some other manner likely to bring the performer’s identity to the notice of a person seeing or hearing the performance:
    1. in the case of a performance that is communicated live, be identified in a manner likely to bring the performer’s identity to the notice of a person seeing or hearing the communication:
      1. in the case of a recording referred to in section 170A(2)(c), be identified in a manner likely to bring the performer’s identity to the notice of a person hearing the communication:
        1. in the case of a recording referred to in section 170A(2)(d), be identified in or on each copy or, if that is not appropriate, in some other manner likely to bring the performer’s identity to the notice of a person acquiring a copy.

          1. In any of the cases in subsections (1)(a) to (d), the performer and the person may agree that, for the purposes of section 170A, the person may instead identify the performer in any other manner.

          2. If the assertion under section 170C specifies a pseudonym, initials, or some other particular form of identification, that form must be used, but, in any other case, any reasonable form of identification may be used.

          3. A performer’s rights are not infringed as referred to in section 170A, in relation to a performance given by a group, if,—

          4. in a case to which any of paragraphs (a) to (c) of subsection (1) apply, the group itself is identified in the manner referred to in those paragraphs or in subsection (2) (applied in each case with all necessary modifications); or
            1. in a case to which subsection (1)(d) applies,—
              1. the group itself is identified in the manner referred to in that paragraph or in subsection (2) (applied in each case with all necessary modifications); and
                1. it is not reasonably practicable for each member of the group to be identified.

                2. In this section, group means 2 or more performers who have a particular name by which they may be identified collectively.

                Notes
                • Section 170B: inserted, on , by section 18 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).