Government reviews performers'
rights

As part of its on-going appraisal of New Zealand's intellectual property legislation, the Government has completed its review of New Zealand's performers' rights regime.

The Government's recent review considered whether the current regime is adequate to create an economic incentive for public performance; and given developments in digital technology.

The review concluded that the extent of performers' rights in New Zealand should not be substantively extended at this time.

However, it also recommended that the rights should be reviewed again in the future under the terms of the World Intellectual Property Organisation's (WIPO) Performances and Phonograms Treaty 1996 (WPPT) and the proposed WIPO Audiovisual Performances Treaty (WAPT).

Such a review would also allow New Zealand to consider how other like jurisdictions (e.g. the US, the UK and Australia) have changed their performers' rights regimes to take account of their international obligations.

The review also considered whether New Zealand should accede to the WPPT and the proposed WAPT, if concluded.

Performers' rights were introduced into New Zealand law when the Copyright Act 1994 was passed. Their introduction was intended to enable New Zealand to comply with its obligations under the TRIPS Agreement.

Designed primarily to enable performers to stop the sale of bootleg copies of their performances, performers' rights provide performers with limited economic rights to control the exploitation of their performances when they have not given consent to exploitation.

Performers' rights subsist in the following types of performances:

• a dramatic performance, including a dance, a mime, and a performance given with the use of puppets;
  
  
• a musical performance;
  
  
• a reading or a recitation of a literary work; and
  
  
• a performance of a variety act or any similar presentation.

It is an infringement of performers' rights in a "live performance" to, without consent:

• make a recording of a live performance;
  
  
• broadcast it live; or
  
  
• include it live in a cable programme.

It is also an infringement of performers' rights to deal in the following ways with a recording of a performance that has been made without the performer's consent:

• to show or play such a recording in public;
  
  
• to broadcast such a recording or include it in a cable programme;
  
  
• to copy such a recording; or
  
  
• to import, possess or otherwise deal with the recording in the course of business.

Enquiries and information

For more information on any of the cases, articles and features in Intellectual Property Update, please email or call Garry Williams on 64 9 916 8661.