Information for Persons Making Submissions
This discussion paper reviews the issue of ownership of copyright in commissioned works and the relationship between copyright law and contract law. The paper is divided in three parts:
- Part One is an introduction to the review.
- Part Two discusses the adequacy of the commissioning rule. A background section describes the current position of the commissioning rule in the Copyright Act 1994, sets out historical developments and the reasons underlying the rule. Part Two of this paper also summarises international approaches and developments before discussing the key issues relating to commissioned photographs and other works covered by the commissioning rule in New Zealand. It identifies, where possible, potential legislative options in respect of the key issues discussed.
- Part Three discusses issues associated with the intersection between copyright and contract law. Principles of freedom of contract are discussed, as well as examples internationally of limits placed on the ability to contract out of copyright legislation. It seeks submissions regarding the prevalence and effects of contracts that vary copyright provisions in the Act and the relevance of these provisions to commercial business models. On the basis of the information received, the Ministry will then make recommendations to the government on whether a full review is required.
Submissions in response to this paper are invited from photographers, businesses and individuals commissioning photographs and other works, authors and creators, the cultural sector, copyright owners, users of copyright works, non-governmental organisations, and members of the public. Submissions will be considered in the development of policy recommendations to the government on possible legislative reform. To assist respondents in making submissions a list of questions for discussion can be found in Appendix 1.
Submissions should be sent to:
Commissioning and Contract Submissions
Attention: Silke Radde
Regulatory and Competition Policy Branch
Ministry of Economic Development
PO Box 1473
Wellington
Emailed submissions are encouraged. They should be sent to: copyrightact@med.govt.nz.
Further copies of this paper may be downloaded from this website.
Please note that submissions may be posted on the Ministry's website and are subject to disclosure under the Official Information Act 1992. Persons making submissions that include commercially or otherwise sensitive material that they wish the Ministry to withhold under the Official Information Act should clearly identify the relevant information and the applicable grounds under which the Ministry could seek to withhold the information. The contact details of respondents will be recorded and may be used for future consultation processes unless requested otherwise. The closing date for submissions is 31 May 2006.
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