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Copyright Act 1994

Performers' rights - Miscellaneous provisions - Presumptions

197A: Presumptions relevant to performances

You could also call this:

"What happens when someone's performance is copied and they might own the rights"

Illustration for Copyright Act 1994

You are involved in a court case about copyright. This case is about a sound recording of a performance. It can also be about a copy of that recording. If someone was already identified as the performer, you presume they have rights. You also presume they can exercise those rights, until proven otherwise. This is based on what is stated in section 170B(1)(c) or (d).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS152189.

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Arts and culture > Heritage protectionBusiness > Intellectual property
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"Getting back copies of recordings that were made without permission"

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Part 9Performers' rights
Miscellaneous provisions: Presumptions

197APresumptions relevant to performances

  1. This section applies to proceedings brought under this Act with respect to—

  2. a recording that is a sound recording of a performance:
    1. a copy of a recording referred to in paragraph (a).

      1. If a person has previously been identified as the performer of a performance in accordance with section 170B(1)(c) or (d), it is presumed, until the contrary is proved,—

      2. that rights are conferred by this Part in relation to the performance; and
        1. that the person is the person entitled to exercise those rights.

          Notes
          • Section 197A: inserted, on , by section 34 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).