Copyright Act 1994

Performers' rights - Miscellaneous provisions - Licences

194J: Rights and remedies of exclusive licensee

You could also call this:

"What happens if someone breaks the rules of your exclusive licence"

You have rights under an exclusive performer's rights licence. You can take action against people who break the rules, except the person who gave you the licence. You have the same rights as if you owned the performer's rights. You share these rights with the person who gave you the licence. They can also take action against people who break the rules. If you take someone to court, they can use any defence they like, as if the person who gave you the licence was taking them to court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS152058.

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

Topics:

Intellectual property > Copyright and licensingArts and culture > Performing arts

194I: Licences, or

"Getting permission to use someone's work"

194K: Exercise of concurrent rights, or

"What happens when you share performer rights with someone else"

Part 9Performers' rights
Miscellaneous provisions: Licences

194JRights and remedies of exclusive licensee

The licensee under an exclusive performer’s rights licence has, except against the person granting the licence, the same rights and remedies under this Part in respect of matters occurring after the grant of the licence as if the licence were an assignment.
The rights and remedies of the licensee under an exclusive performer’s rights licence under this Part are concurrent with those of the person granting the licence.
In proceedings brought by the licensee under an exclusive performer’s rights licence under this section, a defendant may avail himself or herself or itself of any defence that would have been available if the proceedings had been brought by the person granting the licence.

Notes

Section 194J: inserted, on 30 December 2018, by section 29 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).