Performers' Rights
Certain rights relating to the copyright and commercial exploitation of live performances do exist in Part IX of the Copyright Act 1994.
These rights do not however, cover performers' rights relating to session musicians or contract performers on sound recordings in New Zealand. These rights do exist as a matter of law in other countries such as the UK.
In New Zealand, a sound recording is a copyright work, the author of whom is the person by whom the arrangements necessary for the making of the recording are undertaken. This is usually the relevant record company or label (known as "producers") but increasingly also comprises the artist. The record company or record label will often take an assignment or licence of rights from the person who made the arrangements necessary.
To broadcast or play sound recordings (or music videos) in public is a restricted act. Therefore, authorisation is required from the owner of the copyright work for these acts to take place. This authorisation is given via the music licensing company (i.e. PPNZ) acting on behalf of the owners of the copyright in the sound recording.
Unlike in the United Kingdom, for instance, there are no statutory obligations in New Zealand for the owners of the copyright in the sound recording to share this licensing revenue with the performers, nor do performers have any broadcast or public performance rights in themselves. Certain copyright owners do however opt to share the licensing revenue received from PPNZ with local featured artists via the innovative scheme entitled the Recording Artist and Producer Fund (RAP Fund). However, this is a local contractual arrangement and not a consequence of the law.
Reciprocal Agreements
Reciprocal or bilateral agreements can exist between collecting societies in different territories. This is in order to assist in the collection and distribution of royalties to copyright owners of sound recordings or music videos broadcast, shown or played publicly or otherwise reproduced in this territory, or vice versa, where such copyright owners do not have direct representation in the other territory via a record label or distributor.
We have one such trial agreement in place with PPLUK for a 2 year period to establish whether there is due benefit relative to administration costs and will be reporting back to our membership in due course. We are also in discussions with PPCA (Australia) as to whether a bilateral is similarly best between our two territories.
See the bilateral/reciprocal agreement diagram which shows in a graphical layout how this agreement works.
To submit your recordings please download the PPL repertoire template, complete and return via email to Dean Cameron at dean@ppnz.co.nz
