Copyright - General Information
Contents
Disclaimer: This Information Is Not Legal Advice
The information contained in this pamphlet is of a general nature for the purposes of general guidance only and should not be relied upon as legal advice.
The Ministry of Economic Development takes no responsibility for any reliance placed upon the information contained in this pamphlet.
Copyright Protection in New Zealand
In New Zealand, under the Copyright Act 1994, copyright comes into existence automatically on the completion of any original literary, dramatic, musical and artistic work, sound recording, film broadcast, cable programme and published edition.
No registration is necessary (or even possible) nor is any other formality required for securing copyright protection.
Copyright in literary, dramatic, musical and artistic works continues for 50 years after the end of the calendar year in which the author died.
Copyright in sound recordings and films continues for 50 years from the end of the calendar year in which they were made. However, if a work is made available to the public before the end of the 50-year period, copyright continues for 50 years from the end of the calendar year in which it was first made available.
Copyright in broadcasts and cable programmes continues for 50 years from the end of the calendar year in which, in the case of a broadcast, it was made or, in the case of a cable programme, it was included in a cable programme service.
Copyright in a published edition is for 25 years from the end of the calendar year in which it was first published.
Ownership of Copyright
The first owner of copyright is usually the author or maker. However, if the author or maker was employed and made the work in the course of his or her employment then the employer is usually the first owner of copyright. If the author or maker of some kinds of work (e.g. sound recordings, films, photographs, and computer programs) was commissioned to make that work, the first owner of copyright is usually the person who commissioned the work to be made. In the case of works made by either an employee or commissioned works, the parties can agree to vary the usual first ownership rule.
If the owner or maker assigns copyright in writing to someone else, then the person to whom it is assigned becomes the copyright owner.
The Copyright Tribunal
Certain disputes about licences that allow the copying, performing and broadcasting of works may be heard and determined by the Copyright Tribunal. Some proposed or operative schemes for licensing and some licences themselves can be referred by an interested party to the Copyright Tribunal which decides whether the scheme or the terms of the licence should be varied or confirmed.
Any person who believes that the copyright owner has unreasonably refused to grant a licence for the copying, performing or broadcasting of a copyright work may apply to the Tribunal. The Tribunal decides whether the applicant is entitled to a licence and on what terms. This only applies where the copyright owner has set up a scheme for licensing the use of copyright works.
Moral Rights
The author of a literary, dramatic, musical or artistic work and the director of a film have the right to be identified as the author or director provided that the right has been asserted in accordance with the Copyright Act.
Authors and directors also have the right to object to certain treatments of their work which are derogatory. A treatment is derogatory if it is prejudicial to the honour or reputation of the author or director.
Moral rights cannot be assigned.
Performers' Rights
Performers have the right to prevent the recording or live broadcast or inclusion live in a cable programme of certain performances. The subsequent showing in public, broadcasting or copying of a recording of a performance made without consent is also an infringement of a performer's rights.
Protection Overseas
Generally speaking the copyright protection given in New Zealand also extends to works originating from countries that are party to the Berne Convention for the Protection of Literary and Artistic Works or to the Universal Copyright Convention. That protection also extends to works originating from countries that are party to the World Trade Organisation (WTO) Agreement. An annex to the WTO Agreement known as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) concerns copyright protection.
Conversely, countries that are party to either Convention or the WTO Agreement must give works originating from New Zealand the same protection that they give to works produced by their own nationals. New Zealand is a party to both Copyright Conventions and to the WTO Agreement. Most countries have acceded to the WTO Agreement and either one, or both Conventions.
No formality is required for protection in member countries of the Berne Copyright Union or the WTO Agreement. However, in a small number of countries that are party only to the Universal Copyright Convention it is necessary to comply with certain formalities in order to claim copyright.
Further Information
Further general information on the provisions of the Copyright Act 1994 can be obtained from the Intellectual Property Rights Policy Team at the Ministry of Economic Development.
| Phone: | 04-472 0030 |
| Facsimile: | 04-473 4638 |
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