Copyright Act 1994

Performers' rights - Performers’ moral rights - Right relating to derogatory treatment of performance

170F: Content of right relating to derogatory treatment of performance

You could also call this:

"Protecting Performers from Being Treated Unfairly"

You can be seen as treating a performance in a derogatory way if you do something to it that hurts the performer's honour or reputation. This can happen when you change the performance in some way, like distorting or mutilating it, and then show it to the public. You can do this by playing it live, recording it, or selling a recording of it. When you have a recording of a performance that has been changed in a way that hurts the performer's honour or reputation, you can be seen as treating it in a derogatory way if you sell it or give it to others. This only applies to sound recordings, not other types of recordings. If you do these things as part of a business, it can also be seen as treating the performance in a derogatory way, as explained in section 170E.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS151724.

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

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170E: Right relating to derogatory treatment of performance, or

"Protection from bad treatment of your performance"

170G: Exceptions to right relating to derogatory treatment of performance, or

"When Your Performance Rights Don't Apply"

Part 9Performers' rights
Performers’ moral rights: Right relating to derogatory treatment of performance

170FContent of right relating to derogatory treatment of performance

For the purpose of section 170E, a person subjects a performance to derogatory treatment if the person,—
with any distortion, mutilation, or other modification that is prejudicial to the honour or reputation of the performer,—
1. communicates live to the public the performance; or
2. by means of a recording, plays in public, or communicates to the public, the performance; or
in the course of a business, possesses, sells, lets for hire, offers or exposes for sale or hire, or distributes a recording of the performance with any distortion, mutilation, or other modification that is prejudicial to the honour or reputation of the performer.

Subsection (1) applies only to a recording that is a sound recording.

Notes

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