New Zealand Acts

COPYRIGHT (NEW TECHNOLOGIES) AMENDMENT ACT 2008 - SECT 84

84 New section 187 substituted

Section 187 is repealed and the following section substituted:

187 Incidental recording for purposes of communication work

1 A person who proposes to communicate a recording of a performance to the public in circumstances not infringing rights under this Part does not require consent for the purposes of this Part to the making of the further recording if the conditions in subsection (2) are complied with.

2 The conditions referred to in subsection (1) are that the further recording—

a) must only be used for communicating it to the public in circumstances not infringing rights under this Part; and

b) must be destroyed within 6 months after first being communicated to the public, unless the Minister has authorised the preservation of the recording in the records of a government department or in the national archives because of its documentary character or exceptional importance.

3 A recording made in accordance with this section is treated as an illicit recording—

a) for the purposes of any use in breach of the condition in subsection (2)(a); and

b) for all purposes after either of the conditions in subsection (2) is broken.