Understanding your Rights & Obligations

New Zealand law does not give performers (e.g. featured recording artists) a right to remuneration or payment in respect of their performances. As a result, Recorded Music NZ does not collect on behalf of, or make payments to, performers on the basis of performers’ rights.

Eligible performers are entitled to register for the Aotearoa Registered Artists Scheme under which performers can receive up to 50% of the revenues collected on behalf of Registered Rights Holders.

This is a Recorded Music NZ contractual arrangement with Registered Rights Holders that recognises and rewards local content and artists, and not a consequence of the law.

What am I Entitled to as a Recording Artist Under the Aotearoa Registered Artists Scheme?

Provided the relevant Registered Rights Holder has granted the requisite permission to Recorded Music NZ, and your registration is complete (see here), we can then distribute up to 50% of the income from recordings directly to you (or via your nominated claimant).

The default position is that Recorded Music NZ pays 50% of revenues from a recording to the registered recording artist(s) and 50% to the Registered Rights Holders i.e. the owner or licensee of copyright.

The percentage split can be varied by agreement between the recording artist and Master Rights Holder but this must be notified to Recorded Music NZ via an amended distribution payment percentage form which must be completed, signed and agreed on by both the Recording Artist and Master Rights Holder.

If a Recording Artist chooses not to register, then all income received by Recorded Music NZ will be paid to the relevant Registered Rights Holder. They may then agree separately to share the income with the recording artist – this would, however, be outside the scope of Recorded Music NZ’s activities.

Obligations of Registered Recording Artists

Recorded Music NZ relies on the information we are provided by Rights Holders and Recording Artists in order to grant licences to third parties and to collect and distribute funds. Most importantly, in the Artist Registration Agreement each Recording Artist:

• Warrants to Recorded Music NZ that they are the artist on the relevant recordings registered with us and that their work is not infringing copyright
• Agrees to indemnify Recorded Music NZ in respect of any breaches of this warranty

The details regarding how your recordings are licensed by Recorded Music NZ are set out in the Master Rights Agreement that we have in place with the relevant Registered Rights Holder(s). Read more about this here

Performers’ Rights on Sound Recordings in NZ

When we use the term “Performers”, we are generally referring to every person who performs on a sound recording, including featured artists and session musicians. Performers have distinct rights to Recording Rights Holders i.e. sound recording owners or exclusive licensees.

With respect to recordings made on or after 30 December 2018, the Copyright Act grants certain rights to performers. Performers are entitled to give or withhold their consent when recordings they have performed on are:

• Copied
• Communicated to the public
• Issued to the public as copies

Performers can assign their rights to a third party by agreement in writing, or they can give a consent that covers specific recordings, a category of recordings, or recordings generally.