57 Playing or showing sound recordings or films

(1)

The sound archive maintained by Radio New Zealand Limited may play a sound recording held in the archive to an audience consisting of members of the public, without infringing copyright in the sound recording or in any work included in the sound recording, if the condition contained in subsection (3) is complied with.

(2)

The film archive maintained by Television New Zealand Limited or by the New Zealand Film Archive Incorporated may show a film, and play any sound recording associated with the film, held in the archive to an audience consisting of members of the public, without infringing copyright in the film or in any sound recording associated with the film or in any work included in the film or sound recording, if the condition contained in subsection (3) is complied with.

(3)

The condition referred to in subsections (1) and (2) is that, where any person is required to pay to—

(a)

hear any sound recording played under subsection (1); or

(b)

see any film shown, and hear any sound recording associated with the film played, under subsection (2),—

the payment required is no more than a reasonable contribution towards the maintenance of the archive in which the sound recording or film is held.

(4)

This section does not apply if or to the extent that licences authorising the playing of a sound recording, or the showing of a film and the playing of a sound recording associated with the film, by an archive to which this section applies are available and if the archive knew that fact.