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Copyright Act 1994

Performers' rights - Performers’ property rights relating to sound recordings

174C: Consent required for copying of sound recording

You could also call this:

"Get permission before copying a sound recording of someone's performance"

Illustration for Copyright Act 1994

You infringe a performer's rights if you copy a sound recording of their performance without their consent. This means you cannot copy a recording of someone performing without asking them first. If you own a recording, you can make a copy for your own use, but only if you got the recording legally and you keep the copy for yourself. You can make a copy of a recording you own, but only for your personal use or for someone in your household. You must not make more than one copy for each device you have to play the recording. You also have to keep owning the recording and any copies you make. However, if you have a contract that says you cannot copy a recording, then you cannot make a copy, even if you own it. This contract can stop you from making a copy, even if you would normally be allowed to. You have to follow what the contract says about copying the recording.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS151864.

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Topics:
Arts and culture > Heritage protectionRights and equality > Anti-discriminationBusiness > Intellectual property
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174B: Consent required to communicate or play sound recording to public, or

"Getting permission to play a sound recording to the public"

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174D: Consent required for issue of copies to public, or

"People need your okay to share copies of your performances with the public."

Part 9Performers' rights
Performers’ property rights relating to sound recordings

174CConsent required for copying of sound recording

  1. A performer’s rights are infringed by a person who, without the performer’s consent, copies a recording of the whole or a substantial part of a performance.

  2. Subsection (1) does not apply if—

  3. the recording is not a communication work or part of a communication work; and
    1. the copy is made from a recording that is not an illicit recording; and
      1. the recording is not borrowed or hired; and
        1. the copy is made by the owner of the recording; and
          1. that owner acquired the recording legitimately; and
            1. the copy is used only for that owner’s personal use or the personal use of a member of the household in which the owner lives, or both; and
              1. no more than 1 copy is made for each device for playing recordings that is owned by the owner of the recording; and
                1. the owner of the recording retains the ownership of both the recording and of any copy that is made under this section.

                  1. However, subsection (2) does not apply if the owner of the recording is bound by a contract that specifies the circumstances in which the recording may be copied.

                  Notes
                  • Section 174C: inserted, on , by section 24 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).