Copyright Act 1994

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

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

You could also call this:

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

You have the right to be identified as a performer. You must assert this right for it to apply in the circumstances described in section 170A. You can assert this right when you assign your property rights or at any time by signing a written document. You can assert your right generally or for specific circumstances. This can be done when you assign your property rights or by signing a written document at any time. When you assert your right, certain people are bound by it. If you take someone to court for not identifying you as a performer, the court will consider any delay in asserting your right. This means that if you waited a long time to assert your right, it might affect the outcome of the case. The court will take this into account when deciding what remedies to apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS151720.

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

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170B: Content of right to be identified as performer, or

"Right to be named as a performer"

170D: Exceptions to right to be identified as performer, or

"When you don't have to be named as a performer"

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

170CRight to be identified as performer must be asserted

A person does not infringe a performer’s rights by failing to identify the performer in the circumstances described in section 170A unless the right to be identified has been asserted under this section in such a way as to require that person to so identify the performer.
The right may be asserted generally, or in relation to any specified circumstances,—
on an assignment of the performer’s property rights, by including in the instrument effecting the assignment a statement that the performer asserts in relation to the performance the performer’s right to be identified as the performer; or
at any time, by instrument in writing signed by the performer.

The persons bound by an assertion of the right under subsection (2) are,—
in the case of an assertion under subsection (2)(a), the assignee and anyone claiming through the assignee, whether or not the person claiming through the assignee has notice of the assertion; and
in the case of an assertion under subsection (2)(b), anyone to whose notice the assertion is brought.

In an action for infringement of the right, the court must, in considering remedies, take into account any delay in asserting the right.

Notes

Section 170C: inserted, on 30 December 2018, by section 18 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).