Restrictions on the rights of performers in relation to broadcasts included in a cable programme service are provided for in Section 189 of the Copyright Act 1994. This section provides for the reception and immediate retransmission of a broadcast, made in New Zealand, in a cable service programme. The rights of performers are not infringed if, and to the extent that, the broadcast is made for reception in the area in which the cable programme service is provided. If the broadcast itself infringes any right which a performer may have, then the retransmission shall also be taken into account when assessing damages.
