Copyright Act 1994

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

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

You could also call this:

"When Your Performance Rights Don't Apply"

Illustration for Copyright Act 1994

You have rights as a performer, but there are some exceptions. Your rights are not infringed when you perform for news reporting. You also don't have rights when changes are made for normal editing or production. You don't have rights if someone does something to avoid breaking the law or to follow a rule. But in this case, they must clearly say that you didn't agree to the changes when they identify you. This rule also applies if you were identified before and they make changes without your consent. If you want to know more about your rights, you can look at 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=LMS151725.

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

"Protecting Performers from Being Treated Unfairly"


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170H: Consent and waiver of rights, or

"Agreeing to Give Up Your Performance Rights"

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

170GExceptions to right relating to derogatory treatment of performance

  1. A performer’s rights are not infringed as referred to in section 170E in any of the following cases:

  2. in relation to any performance given for the purposes of reporting current events:
    1. where modifications have been made to a performance that are consistent with reasonable editorial or production practice:
      1. where any act is done for the purpose of avoiding the commission of an offence, or complying with a duty imposed by or under any enactment, if,—
        1. where the performer is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the performance has been subjected to treatment to which the performer has not consented; or
          1. where the performer has previously been identified in relation to the performance, there is a clear and reasonably prominent indication, given at the time of the act, that the performance has been subjected to treatment to which the performer has not consented.
          Notes
          • Section 170G: inserted, on , by section 18 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).