Many legal minds making NZ LAW work

We are an association of independent legal practices, proactively sharing ideas and expertise for the benefit of our clients.

Do you have the right to play the music you’re playing?

Published: 6th June 2019

Published in: Commercial eSpeaking

Do you have the right to play the music you’re playing?

A 2018 High Court decision (1) has shown you should consider your right to use a third party’s intellectual property, such as playing music in the course of your business operations.

If you use music or play the radio in a business or public setting that is considered a ‘public performance’ you could be contravening a provision in the Copyright Act 1994. This includes playing music and/or radio broadcasts in any commercial environment, such as a café, restaurant, bar, shop or factory.

In December 2018, The Rock Salt Bar & Restaurant at Kerikeri was ordered by the High Court to pay $4,605 in damages and $18,000 in additional damages for failing to obtain a licence to play music in the course of its business. In this instance, The Rock Salt Bar & Restaurant was found to have infringed copyright of the Australasian Performing Right Association (APRA), and ignored requests to stop using such copyright until they obtained an applicable licence. A licence to use the copyright was offered to The Rock Salt Bar & Restaurant by APRA a number of times in 2017 and 2018, but the offer was ignored.

In his judgment, Justice Palmer noted that he awarded the additional damages of $18,000 on the basis of ‘the flagrancy of the breach, the importance of the music as a reason for customers’ attendance over a significant period of time and contempt towards the copyright regime indicated by the defendants’ behaviour’.

This case goes to show that if you’re a business owner, you must consider whether you have a right to use third party intellectual property rights in all aspects of your business. Otherwise you could be exposing your business to unnecessary financial risk.

(1)  Australasian Performing Right Association Ltd v 3228 Business Ltd [2018] NZHC 3088.

Related Articles

  • Auckland
  • Bay of Plenty
  • Canterbury
  • Coromandel
  • Gisborne
  • Hawke's Bay
  • Kapiti Coast
  • Manawatu - Wanganui
  • Marlborough
  • Nelson
  • Northland
  • Otago
  • Southland
  • Taranaki
  • Waikato
  • Wairarapa
  • Wellington
  • West Coast

Boyle Mathieson

Boyle Mathieson was established on a foundation of strategic, practical advice that focuses on solutions. Based in West Auckland, we offer a complete legal service for businesses and individuals.

At Boyle Mathieson we believe in building lasting relationships with our clients, based on trust and confidence in the consistently high standard we perform to

Region: Auckland

Phone: 09 837 6004

Kaimai Law Limited

Kaimai Law Bethlehem has been based in Bethlehem, Tauranga for nearly a decade, and our new office at The Lakes opened in March 2017.  The majority of lawyers in our professional team at Kaimai Law Bethlehem & Kaimai Law The Lakes has 10 to 30+ years of experience in their respective fields, which means that they have the knowledge required to give you legal advice you can trust. 

Kaimai Law Bethlehem & Kaimai Law The Lakes specialise in all property matters including conveyancing, finance and subdivisions, as well as family law, commercial law, estate planning, estate administration, trusts, wills, employment law and relationship property. Kaimai Law Bethlehem & The Lakes are your one stop law shops in Tauranga.

Region: Bay of Plenty

Phone: 07 579 3316

RSM Law

RSM Law is considered one of the most client focused law firms in South Canterbury. Established in 1883, the firm has played an integral part in the growth and development of South Canterbury, and beyond.

RSM Law's expertise covers all areas of the law, with particular emphasis on business law (including company law, small business and compliance); property law (rural and commercial property, and home buying and selling); litigation; resource management issues,(Carbon Accounting and Emissions Trading) estate planning, wills and trusts; infrastructure and syndication; and personal legal services.

Region: Canterbury

Phone: 03 687 9777

Purnell Lawyers

There is nothing as inevitable as change. Since opening for business early last century, we at Purnell Lawyers have seen many changes both in name and in the people who have made up the members of our team. We have been privileged to have served the public throughout all of these times. 

We are confident that we will continue to bring top quality legal services to our clients well into the future.

Region: Coromandel

Phone: 07 868 8680

Woodward Chrisp

At Woodward Chrisp we strive to meet the needs of our clients by providing a wide range of high quality legal services within a supportive and collaborative environment.

Woodward Chrisp is the amalgamation of two long established Gisborne legal firms: Woodward Iles & Co and Chrisp and Chrisp. Today’s partners are Ross Revington, Adam Simperingham, Jeff Allen and Ellie FitzGerald.

Region: Gisborne

Phone: 06 869 0900

Gifford Devine

For all life’s matters, the team at Gifford Devine have your back. Since 1896, our lawyers have been providing straight-talking, practical advice and advocacy to people, families and businesses in Hawke’s Bay.

As your legal champions, we’ll serve you as a trusted adviser, listen to your needs, offer plain English advice, and find a solution to get you the best possible outcome.

We have the expertise to identify potential legal issues, to help you make important decisions, and to realise your goals. We’re your legal champions for all reasons and at all stages of life.

Region: Hawke's Bay

Phone: 06 873 0420

BMC Lawyers

BMC lawyers has built a reputation for providing quality service and delivering real results. Our strength is our broad-ranging legal experience that gives us the ability to match clients with the right mix of legal skills for their particular needs.

Our legal professionals are passionate about what they do and work alongside a talented team of support and administration staff to make a real positive difference to our clients.”

Region: Kapiti Coast

Phone: 04 296 1105

Dorrington Poole

Dorrington Poole Lawyers has a long tradition in Dannevirke and was founded in 1914 by Percy Dorrington. The firm still acts for families of some of the earliest clients. The long term relationship with those clients gives continuity in a fast changing world.

The firm provides quality legal services within New Zealand for its rural, commercial and private clients. We provide services for clients not only in the Southern Hawkes Bay/Tararua area but also throughout the country.

Region: Manawatu - Wanganui

Phone: 06 374 7089

Wain & Naysmith

Based in Blenheim, Wain & Naysmith Lawyers is a full service law firm, and a powerhouse for property, family and business law.

We pride ourselves in providing clear and cost effective legal solutions and practical advice for you, your family and your business.

Region: Marlborough

Phone: 03 520 6103

Knapps Lawyers

As a firm, we promise to look after you and treat you in a manner that we would expect to be treated by a professional services provider; we promise to use every available legal remedy available to us to resolve your issue and to do what you ask us to do in a timely manner.

We will hold in strict confidence all information that we acquire through our work for you and which concerns your business or personal information.  The only exceptions are where you authorise us to disclose such information or where we must do so by law.

Region: Nelson

Phone: 03 544 7888

Thomson Wilson

Thomson Wilson is a full service law firm based in Whangarei. We’ve been trusted lawyers for the Northland community and beyond for 75 years.

We act for individuals and families, businesses, public sector and other organisations. Whether you need no-fuss advice on a simple matter, or a team of legal experts. 

Our staff provide advice in most areas of the law, including property law, business law, trusts and estates, separation and divorce, resource management, criminal law and more.

We also offer expertise in specialist areas such as Maori land, local government law, farming and forestry.

Region: Northland

Phone: 09 430 4380

Wilkinson Rodgers Lawyers

Our specialists work together to provide clients with the full range of advice they need to achieve their desired results. If you're looking for specialist knowledge and advice, are a company or individual we can help you by making it easier for you to achieve your objectives.

Our area of expertise include, but not limited to;

  • Commercial
  • Community
  • Family Law
  • Home, Asset & Employment
  • Wills & Estates

Region: Otago

Phone: 03 477 9844

Cruickshank Pryde

We are proud to provide a full suite of legal services to the regions of Southland and Central Otago. With our offices, located in Invercargill, Gore and Queenstown, equipped with the latest modern technology, we can service wider New Zealand and international clients with ease. Our areas of expertise include commercial, rural, business, employment, family, criminal, property, resource management and estate planning law.

Region: Southland

Phone: 03 214 4069

RMY Legal

Having been a cornerstone in the New Plymouth and Taranaki legal community since the 1930s we offer in-depth knowledge coupled with legal expertise and always put the needs of you and your business at the heart of what we do.

Not only do we offer a first class service to clients throughout Taranaki, we are passionate about what we do and our success stems from delivering advice in clear and understandable terms.

Region: Taranaki

Phone: 06 769 8080

Allen Needham & Co Ltd

Sir Stephen Allen, founder of the firm, was admitted to the bar on the 7th of December 1906 and subsequently set up practice in the building illustrated below on the present site of our offices at 52 Canada Street, Morrinsville on the 1st of January 1907.

Mr Arthur Needham was admitted to the bar on the 1st of March 1923 and Mr R. B. Morton on the 24th of November 1924. They joined Sir Stephen in partnership under the name of Allen, Needham & Morton.

The firm was subsequently called Allen, Needham, Sanford & Lang when the partners of the firm were John Needham (son of Arthur Needham, and father of Rod Needham, a present partner), Howard Sanford, Fred Lang and Graeme Ashmore.

Graeme Ashmore left the firm in 1972 and Howard Sanford retired as a partner in 1974 when Greg McDonnell became a partner with John Needham and Fred Lang.

The firm changed its name to Allen, Needham & Co. in 1986 when new partners Rod Needham and Bob Craven joined the firm. In December 2010 the firm became an incorporated company.

Region: Waikato

Phone: 07 889 5062

Gawith Burridge

Gawith Burridge traces its history back to 1875 when Charles Gawith first set up his practice. Since then the firm has undergone many changes, including a merger between Gawith & Co and Burridge & Co in 1998 to form our current practice.

Our firm draws on the breadth of expertise available from some of the region’s most senior legal practitioners, as well as the skills of those who have moved here from larger corporate environments.

As a result, we provide clients with a comprehensive range of legal services right here in the Wairarapa. We can provide you with legal assistance whether you are an individual or a company, with everything from setting up a Will to selling your farming business. 

Region: Wairarapa

Phone: 06 370 0000

Gillespie Young Watson

We specialise in Property, Commercial and Trust Law. When it comes to law firm size we are bigger than smaller and smaller than big. By limiting the work we do to our specialist areas, we like to think we bring together the best of big firm skill sets with the personal care, attention and relationships of small firms.

We expect our clients to receive clear, practical and timely advice. We place a premium on accessibility and convenience to our clients. We value and appreciate all of our clients and want to do the best possible job for each of them. When we close a file we want the client to feel they have received exceptional advice, service and value.

Region: Wellington

Phone: 04 569 3997

Hannan & Seddon

The Law Firm of Hannan & Seddon dates back to September 1867.

The firm's offices were in Werita Street from 1867 until 1982 when the firm moved to Tarapuhi Street and then to its current spacious premises at 61 Guinness Street in 1998.

The name Hannan comes from Mr Michael Hannan whose son John Hannan (Jack) joined the firm in 1908. Jack Hannan remained in partnership until he passed away in 1974 at the age of 90!

The name Seddon comes from Mr T E Y Seddon (son of Premier Richard John Seddon from Kumara) who joined the firm in the 1920's. The other prominent Solicitor at Hannan & Seddon was Cyril McGinley who joined the firm in the late 1920’s and retired as a Consultant in 1997 aged 87.

Currently we have two Partners within our firm. Tony Sullivan who has been with us for 29 years and Colin Smith, 26 years. The firm also has two long serving Legal Executives Elaine Knowles and Beverley Walsh.  

Region: West Coast

Phone: 03 768 4169

All the information published on this website, or in any article herein is true and accurate to the best of the authors' knowledge. Information on this site should not be a substitute for legal advice. No liability is assumed by NZ LAW Limited, or individual NZ LAW member firms for losses suffered by any person or organisation relying directly or indirectly on information published on this site. Views expressed in any article are the views of the authors individually and do not necessarily reflect the view of NZ LAW or their member firms. Information appearing on this site may only be reproduced with prior approval from NZ LAW Limited Head Office, and credit being given to the source. © NZ LAW Limited