Performers Rights

Performers’ Rights in New Zealand

The TPP is expected to introduce a number of changes to New Zealand’s copyright and other IP laws.  MFAT (Ministry of Foreign Affairs & Trade) has advised in their Fact Sheet that as a result of the TPP: 

New Zealand will need to provide new exclusive rights to performers of copyright works such as musicians and actors.  This will give performers rights similar to those of other copyright owners.  Currently performers have more limited rights than copyright owners. 

We are awaiting the text of the TPP to find out exactly what has been agreed on to by way of Performers’ Rights.  But what is the starting point – what is the current status of performers’ rights in New Zealand? 

Performers’ rights currently last for 50 years from the date of the performance. 

The general rule is that whenever someone performs a dramatic or musical work, or reads or recites a written work, they have performers’ rights.  This means no one is allowed to record or stream the performance without permission from the performer.  (There is an exception for private and domestic use – so you can record a concert on your phone to watch again later yourself.) 

There are also a number of other exceptions, allowing the recording to be used as part of fair dealing for criticism or review, or for news reporting, as well as a series of exceptions allowing recordings to be made and used for various educational purposes. 

Once a recording has been made, there are limits on what can be done with it.  Most of the rights granted under the Copyright Act can be infringed without the infringer needing to know they are in the wrong – just doing the infringing act is enough.  However, when it comes to dealing with an unauthorised recording of a live performance, only if you know (or had reason to believe) that the performer did not consent, does public playing, copying or selling the recording becomes an infringement. 

So what will the TPP bring?  Will the term be extended to 70 years?  Will the knowledge requirement be removed?  Will the other exceptions remain the same?  We await the text of the TPP to find out. 

This post is a brief summary only, and attempts to generalise complicated legal issues.