Page:Haka Ka Mate Attribution Act 2014.pdf/4

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(3)⁠Anything to which the right of attribution applies must include a statement that Te Rauparaha was the composer of Ka Mate and a chief of Ngati Toa Rangatira.

(4)⁠The statement must be—

(a)

clear and reasonably prominent; and

(b)

likely to bring Te Rauparaha’s identity, as the composer of Ka Mate and a chief of Ngati Toa Rangatira, to the attention of a viewer or listener.

(5)⁠However, the right of attribution is subject to any written waiver given, or written agreement entered into, by the rights representative.

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Right of attribution applies to certain things
(1)⁠The right of attribution applies to—

(a)

any publication of Ka Mate for commercial purposes:

(b)

any communication of Ka Mate to the public:

(c)

any film that includes Ka Mate and is shown in public or is issued to the public.

(2)⁠However, the right of attribution does not apply to—

(a)

any performance of Ka Mate, including by a kapa haka group:

(b)

any use for educational purposes of anything that includes Ka Mate:

(c)

anything made for the purpose of criticism, review, or reporting current events:

(d)

any communication to the public of anything described by paragraph (a) or (c) for a purpose that is not commercial

(3)⁠In subsection (1), Ka Mate includes a performance or representation of Ka Mate (so that, for example, a communication of Ka Mate includes a communication of a performance or representation of Ka Mate).

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Remedy for failure to attribute
(1)⁠The right of attribution may be enforced only by obtaining a declaratory judgment or order against a person responsible for the thing to which the right applies.

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