New Zealand Legislation: Acts

91 Recording by media monitors

• (1) This section applies to a recording, or a transcript of a recording, of a communication work that consists wholly or substantially of news or reports or discussions of current events.

  (1A) The person who makes the recording or transcript does not infringe copyright in the communication work, or in any work included in the communication work, if the conditions in subsection (2) are complied with.

  (2) The conditions referred to in subsection (1A) of this section are—

  • (a) That the recording—

    • (i) Is played solely to enable the making of a transcript of it; and

    • (ii) Is destroyed as soon as is reasonably practicable after the transcript is made and not later than one month after the recording is made; and

  • (b) That the transcript of the recording is made only—

    • (i) By or on behalf of the person who made the recording; and

    • (ii) For the use of that person or in response to a request from another person for a transcript of the recording; and

  • (c) That copies of the transcript are made only—

    • (i) By or on behalf of the person who made the recording; and

    • (ii) For the use of that person or in response to a request from another person for a copy of a transcript of the recording; and

  • (d) That the person who made the recording pays equitable remuneration to the copyright owner.

  (3) In subsection (2)(d) of this section, the term equitable remuneration means a sum agreed by the person who makes the recording and the copyright owner or, in the absence of agreement, a sum determined by the Tribunal on an application under section 168 of this Act.

  (4) This section does not apply if or to the extent that licences authorising the recording of the communication work and the making of transcripts of the recordings are available under a licensing scheme and the person making the recording knew that fact.

  Section 91(1): substituted, on 31 October 2008, by section 52(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 91(1A): inserted, on 31 October 2008, by section 52(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 91(2): amended, on 31 October 2008, by section 52(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

  Section 91(4): amended, on 31 October 2008, by section 52(3) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).