The aim of this section of the website is to provide general information on music copyright. Note, this is not a comprehensive guide. If you have any queries we will endeavour to assist you but if you have a particular concern we recommend you seek independent legal or other professional advice.
Copyright is known as "intellectual property" and is protected under the Copyright Act 1994. The Ministry of Economic Development is responsible for intellectual property policy, including copyright.
There are two copyrights in any piece of recorded music - one relating to the songwriter (the "musical work" copyright) and then another to the recording artists / record companies (the "sound recording" copyright) who made and invested in the relevant recording. The Australasian Performing Right Association administers the rights of songwriters and music publishers - www.apra.co.nz.
The music map sets out music copyright in a graphical format.
PPNZ only acts for recording artists and their record companies in relation to public performance rights (the playing of recorded music in public / or other non-domestic situations), communication rights (such as public broadcast or on-line) and certain reproduction rights (e.g. compiler activities).
PPNZ does not act in relation to full reproduction rights, direct licensing activity, synchronisation rights or retail sales. While we will endeavour to assist you if you would like to contact a recording artist or label directly, we are unable to license all rights.
PPNZ acts for a vast number of the copyright holders in sound recordings and music videos whose works are shown or played in New Zealand in public or in other non-domestic environments. We have been duly appointed to act for those copyright holders (recording artists and record labels) by granting their "permissions or consents" by way of blanket licences.
More on the Copyright Act 1994
The Copyright Act 1994 is the legislation which establishes the rights PPNZ represents.
Does copyright exist in sound recordings?
S14 Copyright in original works
Copyright exists in both the musical work (songwriter) and in the sound recording (labels/artist). So section 14 establishes that 2 separate copyrights exist.
What rights do copyright owners have in respect to their work?
S16 Acts restricted by copyright
Having established that copyright exists in sound recordings, s16 outlines the types of activities that the copyright owner has the exclusive right to carry out. It also outlines that copyright owners have the right to authorise others to use or play/show their work in public . "In public" has been interpreted very broadly by the courts and is anywhere that is non-domestic. PPNZ exists to represents owners of sound recordings to grant this authorisation/permission on behalf of its members.
How long does the copyright last?
S23 Duration of Copyright in sound recordings and films
Copyright in the sound recording lasts for 50 years from the end of the calendar year in which the work was made. If the sound recording is made available to the public then its duration is 50 years from the end of the calendar year in which it was made available.
When is copyright infringed?
S29 Infringement of copyright
If a person carries out a restricted act, without the copyright holder's authorisation, they are infringing the copyright in the work.
When are organisations exempt?
S81 Playing of sound recordings for purposes of club, society etc.
Section 81 provides very limited exemptions for clubs, societies or organisations playing sound recordings in public. All 3 conditions set out must be met for a club to be exempt, and in particular the main objects or purpose of the club must be charitable or otherwise concerned with the advancement of religion, education or social welfare.
S47 Performing, playing, or showing work in course of activities of educational establishment
Section 47 provides that playing a sound recording for the purposes of instruction at any educational establishment is not "in public" and is therefore not a restricted act.
What are the penalties?
S131 Criminal liability for knowingly making or dealing with infringing objects
Section 131 makes it an offence to cause the playing or showing of a work in public knowing that copyright in the sound recording would be infringed, and subsection (5) allows for a fine not exceeding $150,000 or a term of imprisonment.
Please also refer to our Frequently Asked Questions Section for further information about PPNZ and copyright.
