Copyright Act 1994

Performers' rights - Miscellaneous provisions - Duration and transmission of rights

194H: Future property rights

You could also call this:

"Assigning rights to things that don't exist yet"

Illustration for Copyright Act 1994

You can assign rights to future property. This means you can give someone rights to something that does not exist yet. If you sign an agreement to assign these rights, they will go to the person you assigned them to when they come into existence. A licence given by the person who got the assigned rights will be binding on anyone who gets those rights later, except for someone who bought them without knowing about the licence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS152055.

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194G: Performers’ property rights to pass under will with unpublished original recording, or

"Getting property rights to a recording someone leaves you in their will"


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194I: Licences, or

"Getting permission to use someone's work"

Part 9Performers' rights
Miscellaneous provisions: Duration and transmission of rights

194HFuture property rights

  1. This section applies if a performer purports to assign future property rights (wholly or partially) to another person by an agreement signed by or on behalf of the performer.

  2. If, on the rights coming into existence, the assignee or the assignee’s successor in title would be entitled as against all other persons to require the rights to be vested in the assignee or the assignee’s successor in title, they vest in the assignee or the assignee’s successor in title by virtue of this subsection.

  3. A licence granted by a person to whom future property rights have been assigned is binding on every successor in title to that person’s interest in the rights, except—

  4. a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence; or
    1. a person deriving title from a purchaser referred to in paragraph (a).
      1. In this section, future property rights means a performer’s property rights that will or may come into existence in respect of a future recording of a performance.

      Notes
      • Section 194H: inserted, on , by section 29 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).